[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Proposed Rules]
[Pages 47437-47442]
[FR Doc No: 2023-15412]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-2023-0122]
RIN 2126-AC61

Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: FMCSA proposes amendments to its Hazardous Materials Safety
Permits (HMSPs) regulations to incorporate by reference the updated
Commercial Vehicle Safety Alliance (CVSA) handbook containing
inspection procedures and Out-of-Service Criteria (OOSC) for
inspections of shipments of transuranic waste and highway route-
controlled quantities (HRCQs) of radioactive material (RAM). The OOSC
provide enforcement personnel nationwide, including FMCSA's State
partners, with uniform enforcement tolerances for inspections.
Currently, the regulations reference the April 1, 2022, edition of the
handbook. Through this notice, FMCSA proposes to incorporate by
reference the April 1, 2023, edition.

DATES: Comments must be received on or before August 23, 2023.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0122 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0122/document. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.
    Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001
between 8 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>. Copies of the
material are available as indicated in the ``Incorporation by
Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    FMCSA organizes this notice of proposed rulemaking (NPRM) as
follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy
II. Executive Summary
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Severability
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
    B. Congressional Review Act
    C. Advance Notice of Proposed Rulemaking
    D. Regulatory Flexibility Act
    E. Assistance for Small Entities
    F. Unfunded Mandates Reform Act of 1995
    G. Paperwork Reduction Act
    H. E.O. 13132 (Federalism)
    I. Privacy
    J. E.O. 13175 (Indian Tribal Governments)
    K. National Environmental Policy Act of 1969

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
NPRM (FMCSA-2023-0122), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0122/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
    FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as

``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2023-0122/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov. As described in the system
of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)),
which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable
by the name of the submitter.

II. Executive Summary

    This NPRM proposes to update an incorporation by reference found at
49 CFR 385.4(b)(1) and referenced at Sec.  385.415(b). The provision at
Sec.  385.4(b)(1) currently references the April 1, 2022, edition of
CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' The CVSA handbook contains inspection procedures
and OOSC for inspections of shipments of transuranic waste and HRCQs of
RAM. The OOSC, while not regulations, provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. The material is available, and will
continue to be available, for inspection at the FMCSA, Office of
Safety, 1200 New Jersey Avenue SE, Washington, DC 20590 (Attention:
Chief, Compliance Division) at<PHONE_NUMBER>. The document may be
purchased from the Commercial Vehicle Safety Alliance, 6303 Ivy Lane,
Suite 310, Greenbelt, MD 20770,<PHONE_NUMBER>, www.cvsa.org.
    In this NPRM, FMCSA proposes to incorporate by reference the April
1, 2023, edition of the handbook. This NPRM will discuss all updates to
the currently incorporated 2022 edition of the handbook.
    Nine updates distinguish the April 1, 2023, handbook edition from
the 2022 edition. The incorporation by reference of the 2023 edition
does not impose new regulatory requirements.

III. Abbreviations

CDL Commercial Driver's License
CFR Code of Federal Regulations
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
HMSP Hazardous Materials Safety Permit
HRCQ Highway Route-Controlled Quantity
MCMIS Motor Carrier Management Information System
OOS Out-of-Service
OOSC Out-of-Service Criteria
RAM Radioactive Material
RODS Record of Duty Status
RFA Regulatory Flexibility Act
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code

IV. Legal Basis

    Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits (hereinafter
``HMSPs''), the Secretary of Transportation is required to promulgate
regulations as part of a comprehensive safety program on HMSPs. The
FMCSA Administrator has been delegated authority under 49 U.S.C. 113(f)
and 49 Code of Federal Regulations (CFR) 1.87(d)(2) to carry out the
functions vested in the Secretary of Transportation related to HMSPs.
Consistent with that authority, FMCSA has promulgated regulations under
49 CFR part 385, subpart E to address the congressional mandate on
HMSPs. Those regulations are the underlying provisions to which the
material incorporated by reference discussed in this notice is
applicable.

V. Background

    In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections on shipments of transuranic waste and
HRCQs of RAM. CVSA developed the North American Standard Level VI
Inspection Program for Transuranic Waste and Highway Route Controlled
Quantities of Radioactive Material. This inspection program for select
radiological shipments includes inspection procedures, enhancements to
the North American Standard Level I Inspection, radiological surveys,
CVSA Level VI decal requirements, and the ``North American Standard
Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.'' As of January 1, 2005,
all vehicles and carriers transporting HRCQs of RAM are regulated by
the U.S. Department of Transportation. All HRCQs of RAM must pass the
North American Standard Level VI Inspection prior to the shipment being
allowed to travel in the United States. All highway route controlled
quantities of RAM shipments entering the United States must also pass
the North American Standard Level VI Inspection either at the
shipment's point of origin or when the shipment enters the United
States.
    49 CFR 385.415 prescribes operational requirements for motor
carriers transporting hazardous materials for which a HMSP is required.
Section 385.415(b) requires that motor carriers ensure a pre-trip
inspection is performed on each motor vehicle to be used to transport a
HRCQ of a Class 7 (radioactive) material, in accordance with the
requirements of CVSA's handbook titled ``North American Standard Out-
of-Service Criteria and Level VI Inspection Procedures and Out-

of-Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.''
    According to 2019-2022 data from FMCSA's Motor Carrier Management
Information System (MCMIS), approximately 3 million Level I through
Level VI inspections were performed annually. Nearly 96.3 percent of
these were Level I,\1\ Level II,\2\ and Level III \3\ inspections.
During the same period, an average of 756 Level VI inspections were
performed annually, comprising only 0.03 percent of all inspections. On
average, OOS violations were cited in only 6 Level VI inspections
annually (0.8 percent), whereas on average, OOS violations were cited
in 233,259 Level I inspections (26 percent), 264,926 Level II
inspections (26 percent), and 57,990 Level III inspections (6 percent)
annually. As these statistics demonstrate, OOS violations are cited in
a far lower percentage of Level VI inspections than Level I, II, and
III inspections, due largely to the enhanced oversight and inspection
of these vehicles because of the sensitive nature of the cargo being
transported.
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    \1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be present.
    \2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
    \3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
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    The changes to the 2023 edition of the CVSA handbook are intended
to ensure clarity in the presentation of the OOS conditions and are
generally editorial or ministerial. As discussed below, FMCSA does not
expect the changes made in the 2023 edition of the CVSA handbook to
affect the number of OOS violations cited during Level VI inspections.

VI. Discussion of Proposed Rulemaking

    Section 385.4(b)(1), as amended on December 22, 2022 (87 FR 78579),
references the April 1, 2022, edition of the CVSA handbook. This NPRM
proposes to amend Sec.  385.4(b)(1) by replacing the reference to the
April 1, 2022, edition date with a reference to the new edition date of
April 1, 2023.
    The changes made based on the 2023 edition of the handbook are
outlined below. It is necessary to update the materials incorporated by
reference to ensure motor carriers and enforcement officials have
convenient access to the correctly identified inspection criteria
referenced in the rules.

April 1, 2023, Changes

    Nine changes in the 2023 edition of the CVSA handbook distinguish
it from the April 1, 2022, edition:
    1. Part I, Item 4.b.4 was revised by removing a section of the
paragraph to provide more clarity to the OOSC, as this criterion was
causing confusion for inspectors. Previously, inspectors interpreted
Item 4.b.4 as a driver's operation of a property-carrying vehicle
without a medical certificate or with an expired medical certificate.
However, language was removed to make clear that an OOS violation
exists if a driver operates a property-carrying vehicle without a valid
medical certificate, either in the driver's possession or on file with
the State driver licensing agency, and has a history of either failing
to produce a medical certificate or having an expired medical
certificate. The change is intended to ensure clarity in the
presentation of the OOS conditions and is not expected to affect the
number of OOS violations cited during Level VI inspections in the
United States.
    2. Part I, Item 7.b, was amended to clarify that if evidence of a
driver's use of a drug or other controlled substance within the
previous 24 hours is noted by the inspector, then the driver is
considered to be under the influence with probable cause and shall be
declared out of service for 24 consecutive hours. This clarifies the
previous OOSC language specifying that drivers must not be under the
influence of drugs or any other substances at the time of the
inspection. A note has been added to the section to define the term
driver's use, which covers instances where drivers have acknowledged
using drugs or other substances or where an inspector has directly
observed such use within the previous 24 hours. The change is intended
to ensure clarity in the presentation of the OOS conditions and is not
expected to affect the number of OOS violations cited during Level VI
inspections in the United States.
    3. Part I, Items 9, 10, and 11 were amended to provide clear
guidance on when a driver should be declared OOS for false record of
duty status (RODS). CVSA added language that clarifies that a false
RODS violation does not present an ``imminent hazard'' if the
falsification occurred on a previous date and the driver had an
intervening confirmed qualifying rest period. In addition, footnote 2
was relocated as a note in the applicable U.S., Canadian, and Mexican
OOS sections to assist inspectors in identifying the OOS criterion.
Furthermore, the footnotes in these sections were reorganized, and the
outdated ``Removed and Reserved'' footnotes deleted. The changes are
intended to ensure clarity in the presentation of the OOS conditions
and are not expected to affect the number of OOS violations cited
during Level VI inspections in the United States.
    4. Part I, Item 9, was amended to clarify footnote 10 concerning
when to consider a driver OOS for not being able to print or sign their
RODS. CVSA determined that, as the prevalence of digital documents and
credentials in the Federal Motor Carrier Safety Regulations (FMCSRs)
increases, electronic versions of those documents and credentials will
replace paper copies. Therefore, a driver will not be placed OOS for
not having a physical RODS, provided that their hours of service can be
verified on an electronic display, as the absence of a physical RODS
alone does not present an imminent hazard. The change is intended to
ensure clarity in the presentation of the OOS conditions and is not
expected to affect the number of OOS violations cited during Level VI
inspections in the United States.
    5. Part II, Item a.6.d, Item a.7.e, Item b.3.e, and Item b.4.e were
amended to clarify the severity of rust required on a brake rotor to be
included in the 20 percent brake criterion. The 20 percent criterion
relates to the number of brakes on the vehicle or combination and the
number of those brakes that are found to be defective during an
inspection. Specifically, if 20 percent or more of the total number of
brakes on the vehicle are found to be defective, the vehicle is
considered OOS. With this update, CVSA added language to clarify that a
brake can be considered defective only if rust is present on the entire
surface of both sides of the rotor, rather than just a section. The
changes are intended to ensure clarity in the presentation of the OOS
conditions and are not expected to affect the number of OOS violations
cited during Level VI inspections in the United States.
    6. Part II, Item 2.e.3 and Item 2.f were amended to clarify that
placement of tiedowns on cargo is not specified in the FMCSRs or
National Safety Code (NSC) Standard 10. Section 393.110(b)(3) of the
FMCSRs and NSC Standard 10 state that 2 tiedowns are required for
articles exceeding a length of 10 feet (3.04 meters), and 1 additional
tiedown for every 10 feet (3.04 meters) of article length, or fraction
thereof, beyond the first 10 feet (3.04 meters) of length. The FMCSRs
use the term ``for'' instead of ``in'' or ``within,'' implying a
quantity

requirement rather than a location specification. As a result, the note
in the OOSC can be interpreted differently from the regulations.
Therefore, CVSA updated the OOSC to specify that the correct number of
tiedowns, rather than their specific placement on the cargo, should be
enforced. The changes are intended to ensure clarity in the
presentation of the OOS conditions and are not expected to affect the
number of OOS violations cited during Level VI inspections in the
United States.
    7. Part II, Item 9.a was amended to modify the title by adding ``To
Be On'' to clarify the conditions under which certain lighting devices,
including headlamps, tail lamps, stop lamps, turn signals, and lamp/
flags on projecting loads, should be considered OOS. The previous
language of ``When lights are required'' led some inspectors to believe
that the vehicle is OOS when these lighting devices are not operating.
However, the intention of the OOSC is to declare the vehicle OOS only
when these lighting devices are required to be turned on. To avoid
confusion, CVSA added the language ``to be on'' to the title, which
will help clarify this OOS criterion. The changes are intended to
ensure clarity in the presentation of the OOS conditions and are not
expected to affect the number of OOS violations cited during Level VI
inspections in the United States.
    8. Part II, Item 11.d was amended to add language to clarify that
spring hangers and equalizers are part of the vehicle's frame and axle
when declaring the vehicle OOS. A vehicle is OOS if any part of a
suspension connecting rod or tracking component assembly, including
spring leaves that are used as a suspension connecting rod, or any part
used to attach these components to the vehicle's frame or axle, such as
spring hangers or equalizers, is cracked, loosened, broken, or missing.
The addition was necessary as spring hangers and equalizers are
considered part of the vehicle's frame or axle but, previously, were
not specifically identified. The changes are intended to ensure clarity
in the presentation of the OOS conditions and are not expected to
affect the number of OOS violations cited during Level VI inspections
in the United States.
    9. Part II, Item 11.d was amended to add a diagram to aid
inspectors in identifying the various parts of the suspension system
during vehicle inspections for OOS violations. The suspension system
contains numerous components and parts that may require inspectors to
have other reference materials readily available to aid in the
identification of the item(s). To simplify the identification process
during inspections, CVSA supplemented the section with a diagram to
enable inspectors to quickly identify those areas. The changes are
intended to ensure clarity in the presentation of the OOS conditions
and are not expected to affect the number of OOS violations cited
during Level VI inspections in the United States.

VII. Severability

    Congress authorized DOT by statute to promote safe transportation
of hazardous materials in interstate commerce by prescribing, among
other things, regulations and minimum standards for practices, methods,
and procedures for inspections and safety permits for motor vehicles
carrying certain hazardous materials. 49 U.S.C. 5105(d); 49 U.S.C.
5109. The purpose of this rule is to incorporate by reference the 2023
edition of the CVSA handbook outlining the out-of-service criteria and
inspection procedures for commercial highway vehicles transporting
RAMs. The provisions within the CVSA handbook are intended to operate
holistically in addressing a range of issues necessary to ensure the
safe transport of hazardous materials. However, FMCSA recognizes that
certain provisions focus on unique topics. Therefore, FMCSA finds that
the various provisions within the CVSA handbook would be severable and
able to operate functionally if one or more provisions were rendered
null or otherwise eliminated. The remaining provision or provisions
within the handbook would continue to operate functionally if any one
or more provisions were invalidated and any other provision(s)
remained. In the event a court were to invalidate one or more of the
CVSA handbook's unique provisions, the remaining provisions should
stand, thus allowing this congressionally mandated program to continue
to operate.

VIII. Section-by-Section Analysis

Section 385.4 Matter Incorporated by Reference

    Section 385.4(b)(1), as amended on December 22, 2022, references
the April 1, 2022, edition of the CVSA handbook. This NPRM proposes to
replace the reference to the April 1, 2022, edition date with a
reference to the new edition date of April 1, 2023.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures

    FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
E.O. 14094 (88 FR 21879, Apr. 11, 2023), Modernizing Regulatory Review,
and DOT's regulatory policies and procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563 and E.O.
14094, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that order. Accordingly, OMB has not
reviewed it under that E.O.
    The proposed rule, if finalized, would update an incorporation by
reference from the April 1, 2022, edition to the April 1, 2023, edition
of CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' FMCSA reviewed its MCMIS data on inspections
performed from 2019 to 2022 and does not expect the handbook updates to
have any effect on the number of OOS violations cited during Level VI
inspections. Therefore, the proposed rule's impact would be de minimis.

B. Congressional Review Act

    This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\4\
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    \4\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 802(4)).
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C. Advance Notice of Proposed Rulemaking

    Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of

proposed rulemaking (ANPRM), or proceed with a negotiated rulemaking,
if a proposed rule is likely to lead to the promulgation of a major
rule. As this proposed rule is not likely to result in the promulgation
of a major rule, the Agency is not required to issue an ANPRM or to
proceed with a negotiated rulemaking.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996,\5\ requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term small entities
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses. None of the
updates from the 2023 edition impose new requirements or make
substantive changes to the FMCSRs.
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    \5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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    When an Agency issues a rulemaking proposal, the RFA requires the
Agency to ``prepare and make available an initial regulatory
flexibility analysis'' that will describe the impact of the proposed
rule on small entities (5 U.S.C. 603(a)). Section 605 of the RFA allows
an agency to certify a rule, instead of preparing an analysis, if the
proposed rule is not expected to impact a substantial number of small
entities. The proposed rule would update an incorporation by reference
found at Sec.  385.4(b)(1) and referenced at Sec.  385.415(b), and
would incorporate by reference the April 1, 2023, edition of the CVSA
handbook. The changes to the 2023 edition of the CVSA handbook from the
2022 edition are intended to ensure clarity in the presentation of the
OOS conditions and are generally editorial or ministerial. As noted
above, FMCSA does not expect the changes made in the 2023 edition of
the CVSA handbook to affect the number of OOS violations cited during
Level VI inspections in the United States. Accordingly, I certify that
the proposed action would not have a significant economic impact on a
substantial number of small entities.

E. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions.
    The Act addresses actions that may result in the expenditure by a
State, local, or Tribal government, in the aggregate, or by the private
sector of $192 million (which is the value equivalent of $100 million
in 1995, adjusted for inflation to 2022 levels) or more in any 1 year.
Though this NPRM would not result in such an expenditure, and the
analytical requirements of UMRA do not apply as a result, the Agency
discusses the effects of this rule elsewhere in this preamble.

G. Paperwork Reduction Act

    This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

H. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
    FMCSA has determined that this rule would not have substantial
direct costs on or for States, nor would it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Impact
Statement.

I. Privacy

    The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
---------------------------------------------------------------------------

    \6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------

J. E.O. 13175 (Indian Tribal Governments)

    This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.

K. National Environmental Policy Act of 1969

    FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2,
paragraph 6(b). This Categorical Exclusion (CE) covers minor revisions
to regulations. The proposed requirements in this rulemaking are
covered by this CE.

List of Subjects in 49 CFR 385

    Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III, part 385, as set forth below:

PART 385--SAFETY FITNESS PROCEDURES

0
1. The authority citation for part 385 continues to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.

0
2. Amend Sec.  385.4 by revising paragraph (b)(1) to read as follows:

Sec.  385.4  Matter incorporated by reference.

* * * * *
    (b) * * *
    (1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' April 1, 2023, incorporation by reference approved for Sec.
385.415(b).
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-15412 Filed 7-21-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Page 3598]
[FR Doc No: 2012-1501]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 524

[Docket No. FDA-2011-N-0003]

Ophthalmic and Topical Dosage Form New Animal Drugs; Gentamicin
and Betamethasone Spray

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect the original approval of an abbreviated new
animal drug application (ANADA) filed by Sparhawk Laboratories, Inc.
The ANADA provides for the veterinary prescription use of gentamicin
sulfate and betamethasone valerate topical spray in dogs.

DATES: This rule is effective January 25, 2012.

FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for
Veterinary Medicine (HFV-170), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Sparhawk Laboratories, Inc., 12340 Santa Fe
Trail Dr., Lenexa, KS 66215, filed ANADA 200-416 that provides for
veterinary prescription use of Gentamicin Topical Spray (gentamicin
sulfate and betamethasone valerate) in dogs. Sparhawk Laboratories,
Inc.'s Gentamicin Topical Spray is approved as a generic copy of
Intervet, Inc.'s GENTOCIN Topical Spray, approved under NADA 132-338.
The ANADA is approved as of November 10, 2011, and the regulations are
amended in 21 CFR 524.1044f to reflect the approval and revised
terminology in the indication.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    The Agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 524

    Animal drugs.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 524 is
amended as follows:

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  524.1044f  [Amended]

0
2. In Sec.  524.1044f, revise paragraphs (b) and (c)(2) to read as
follows:

Sec.  524.1044f  Gentamicin and betamethasone spray.

* * * * *
    (b) Sponsors. See Nos. 000061, 054925, 058005, 058829, and 065531
in Sec.  510.600(c) of this chapter.
    (c) * * *
    (2) Indications for use. For the treatment of infected superficial
lesions caused by bacteria susceptible to gentamicin.
* * * * *

    Dated: January 19, 2012.
William T. Flynn,
Acting Director, Center for Veterinary Medicine.
[FR Doc. 2012-1501 Filed 1-24-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Rules and Regulations]
[Pages 30588-30590]
[FR Doc No: 2019-13532]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1071; Product Identifier 2018-NM-119-AD; Amendment
39-19665; AD 2019-12-10]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD
was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 1, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 1,
2019.

ADDRESSES: For service information identified in this final rule,
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax
+31 (0)88-6280-111; email<EMAIL_ADDRESS>internet http://www.myfokkerfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1071.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1071; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Fokker Services
B.V. Model F28 Mark 0070 and 0100 airplanes. The NPRM published in the
Federal Register on February 8, 2019 (84 FR 2796). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The
agency is issuing this AD to address reduced structural integrity of
the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0159, dated July 25, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Fokker Services B.V. Model F28 Mark 0070 and
0100 airplanes. The MCAI states:

    Fokker Services Engineering Report SE-623 contains the
Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs) for
Fokker F28 Mark 0070 and Mark 0100 aeroplanes. This report is Part 2
of the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness, referred to in Section 06, Appendix 1, of
the Fokker 70/100 Maintenance Review Board document.
    The complete Airworthiness Limitations Section consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements
(CMRs)--ref. EASA AD 2015-0027 [corresponds to FAA AD 2016-11-22,
Amendment 39-18549 (81 FR 36438, June 7, 2016)],
    Part 2--Report SE-623, ALIs and SLIs--ref. EASA AD 2017-0095
[corresponds to FAA AD 2017-06-06, Amendment 39-18830 (83 FR 8328,
February 27, 2018)], and
    Part 3--Report SE-672, Fuel ALIs and CDCCLs--ref. EASA AD 2015-
0032 [corresponds to FAA AD 2016-11-15, Amendment 39-18542 (81 FR
36447, June 7, 2016)].
    The instructions contained in those reports have been identified
as mandatory actions for continued airworthiness. Failure to
accomplish these actions could result in an unsafe condition.
    EASA previously issued [EASA] AD 2017-0095, requiring the
actions described in Report SE-623 at issue 17. Since that [EASA] AD
was issued, Fokker Services published issue 18 of Report SE-623,
containing new and/or more restrictive maintenance tasks.
    For the reason described above, this [EASA] AD retains the
requirements of [EASA] AD 2017-0095, which is superseded, and
requires implementation of the maintenance actions as specified in
the ALS.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1071.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The agency has determined that
these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Engineering Report SE-623,
Fokker 70/100 Airworthiness Limitations Section, Part 2--(Structure
ALI's and Safe Life Items), Issue 18, dated June 14, 2018. This service
information describes airworthiness limitations and safe life limits.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 4 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 workhours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2019-12-10 Fokker Services B.V.: Amendment 39-19665; Docket No. FAA-
2018-1071; Product Identifier 2018-NM-119-AD.

(a) Effective Date

    This AD is effective August 1, 2019.

(b) Affected ADs

    (1) This AD affects AD 2017-06-06, Amendment 39-18830 (83 FR
8328, February 27, 2018) (``AD 2017-06-06'').
    (2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR
37788, June 25, 2012) (``AD 2012-12-07'').

(c) Applicability

    This AD applies to all Fokker Services B.V. Model F28 Mark 0070
and 0100 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Fokker Engineering Report
SE-623, Fokker 70/100 Airworthiness Limitations Section, Part 2--
(Structure ALI's and Safe Life Items), Issue 18, dated June 14,
2018.
    (1) The initial compliance time for doing the tasks is at the
time specified in Fokker Engineering Report SE-623, Fokker 70/100
Airworthiness Limitations Section, Part 2--(Structure ALI's and Safe
Life Items), Issue 18, dated June 14, 2018, or within 90 days after
the effective date of this AD, whichever occurs later.
    (2) If any discrepancy is found, before further flight, repair
using a method approved by the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Fokker B.V. Service's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(i) Terminating Action for Affected ADs

    (1) Accomplishing the actions required by this AD terminates all
requirements of AD 2017-06-06.
    (2) Accomplishing the actions required by this AD terminates the
requirements of paragraph (g) of AD 2012-12-07.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the EASA; or Fokker
Services B.V.'s EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0159, dated July 25, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-1071.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Fokker Engineering Report SE-623, Fokker 70/100
Airworthiness Limitations Section, Part 2--(Structure ALI's and Safe
Life Items), Issue 18, dated June 14, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>internet http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on June 17, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13532 Filed 6-26-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72043-72045]
[FR Doc No: 2016-25246]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-496-000]

Tennessee Gas Pipeline Company, L.L.C.; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Lone Star Project
and Request For Comments On Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Lone Star Project involving
construction and operation of facilities by Tennessee Gas Pipeline
Company, L.L.C. (Tennessee) in San Patricio and Jackson Counties,
Texas. The Commission will use this EA in its decision-making process
to determine whether the project is in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before November 14, 2016.
    If you sent comments on this project to the Commission before the
opening of this docket on September 1, 2016, you will need to file
those comments in Docket No. CP16-496-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Tennessee provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP16-496-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Tennessee proposes to construct and operate the following
facilities as part of

the Lone Star Project: (1) A new 10,915 horsepower compressor station
(CS 3A) in San Patricio County, Texas; and (2) a new 10,500 horsepower
compressor station (CS 11A) in Jackson County, Texas. The proposed
facilities would be on Tennessee's existing Line 100 and would allow
Tennessee to provide firm incremental transportation service of up to
300,000,000 cubic feet per day to the Corpus Christi Liquefaction, LLC
facility currently under construction in San Patricio County, Texas.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the two compressor stations would disturb about 113
acres of land, of which 27 acres Tennessee would maintain for permanent
operation of the Project. Construction of CS 3A would disturb about
72.2 acres of land, of which Tennessee would permanently maintain 13.4
acres during operation of the facility. The fenced compressor station
site for CS 3A would account for about 12.5 acres, including the access
road. Construction of CS 11A would disturb about 41.1 acres of land, of
which Tennessee would permanently maintain 14.0 acres during operation
of the facility, including the access road. The fenced compressor
station site for CS 11A would account for approximately 12.2 acres.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:

 geology and soils;
 land use;
 water resources, fisheries, and wetlands;
 cultural resources;
 vegetation and wildlife;
 air quality and noise;
 endangered and threatened species;
 socioeconomics;
 public safety; and
 cumulative impacts

    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
contractor/pipe storage yards, compressor stations, and access roads).
Our EA for this project will document our findings on the impacts on
historic properties and summarize the status of consultations under
section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project. If we publish and distribute the EA, copies will be
sent to the environmental mailing list for public review and comment.
If you would prefer to receive a paper copy of the document instead of
the CD version or would like to remove your name from the mailing list,
please return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the ``Document-less Intervention Guide'' under the ``e-filing'' link on
the Commission's Web site. Motions to intervene are more fully

described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP16-
496). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: October 12, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-25246 Filed 10-18-16; 8:45 am]
 BILLING CODE 6717-01-P