[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12811-12813]
[FR Doc No: 2017-04379]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-62-000]

Gulf South Pipeline Company, LP; Notice of Intent To Prepare a
Supplemental Environmental Assessment for the Amended Coastal Bend
Header 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 amendment to the Coastal Bend
Header Project (Project) involving construction and operation of
facilities by Gulf South Pipeline Company, LP (Gulf South) in
southeastern Texas. The Commission will use this EA in its decision-
making process to determine whether the amendment to 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. Your input during the scoping process will
help the Commission staff determine what issues need to be evaluated in
the EA. Your comments should focus on the potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. Please note that the scoping period will close
on March 31, 2017.
    Further details on how to submit written comments are in the Public
Participation section of this notice. If you sent comments on this
project to the Commission before the opening of this docket on November
5, 2014, you will need to file those comments in Docket No. CP17-62-000
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 and includes landowners affected by the
amended Project. State and local government officials are asked to
notify their constituents of this planned Project and encourage them to
comment on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need to Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). 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.

Public Participation

    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 minimize environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
the Commission receives them in Washington, DC on or before March 31,
2017.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
Project docket number (CP17-62-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    1. You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. This is an easy method for interested
persons to submit brief, text-only comments on a project;
    2. You can file your comments electronically using the eFiling
feature located 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.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    3. You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Summary of the Planned Project and Proposed Amendment

    On June 12, 2015, Gulf South Pipeline Company, LP (Gulf South)
filed an application with the FERC for the Coastal Bend Header Project
(Project), pursuant to Section 7(c) of the Natural Gas Act and Part 157
of the Commission's regulations for a Certificate of Public Convenience
and Necessity (Certificate) in Docket No. CP15-517-000. The EA for the
Project

was placed into the public record on January 29, 2016. On June 20,
2016, the Commission issued an Order Issuing Certificate (Order) to
Gulf South authorizing the Project, and Gulf South accepted the Order
on June 21, 2016 pursuant to Section 157.20(a) of the Commission's
Regulations.
    Gulf South has been authorized to construct 64 miles of 36-inch
diameter pipeline in Wharton and Brazoria Counties, Texas, a new
compressor station in Wharton County along the new pipeline, and two
new compressor stations and upgrades at two compressor stations along
Gulf South's existing Index 129 pipeline in Fort Bend, Harris, Polk,
and Sabine Counties, Texas. The new pipeline would enable delivery of
1.54 billion cubic feet per day (bcf/d) of natural gas to the proposed
Freeport Liquefied Natural Gas (LNG) Export Terminal near Freeport,
Texas. Gulf South's planned in-service date for Project facilities is
spring 2018.
    On September 25, 2015, Gulf South filed a Stipulation and Agreement
of Settlement in its recent rate case, in Docket No. RP15-65-000
(Settlement), which was approved by the Commission on December 18,
2015. In order to accommodate volumes associated with the Project and
volumes associated with contractual modifications by Gulf South's
existing shipper, CenterPoint Energy Resources Corporation, in the
Settlement that occurred after the filing of the Project, Gulf South
was required to increase the size of the currently certificated gas-
fired turbine compressor unit at its Magasco Compressor Station in
Sabine County, Texas.
    On February 22, Gulf South filed a Section 7(c) application to
amend its Order issued by the Commission on June 20, 2016. In this
amendment, Gulf South now seeks Commission authorization to incorporate
a modification to the compressor unit to be installed at the Magasco
Compressor Station, which is located along Gulf South's Index 129
legacy system. Gulf South is proposing to install a Solar Titan 130
compressor unit, rather than a Solar Mars 100 compressor unit as
proposed in the June 2015 FERC application and approved in the June 20,
2016 Order. The Solar Titan 130 compressor unit is capable of
generating approximately 20,482 brake-horsepower (bhp) of compression,
which is an increase of approximately 4,734 bhp compared to the
previously authorized Solar Mars 100 compressor unit. Gulf South also
proposes to modify the emergency generator from an 800 bhp unit to a
691 bhp unit.
    The location of the Magasco Compressor Station and the approved
pipeline facilities are depicted in the figures in Appendix 1.\1\
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    \1\ The appendices referenced in this notice are not being
printed 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<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Gulf South does not propose any additional modifications to the
station yard piping and ancillary equipment that would be installed
along with the compressor unit. Therefore, there would be no change in
land requirements for the Project.

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. All comments
received will be considered during the preparation of the EA.
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    \2\ ``Us,'' ``we,'' 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 planned Project under these
general headings:
     Geology and soils;
     water resources;
     wetlands and vegetation;
     fish and wildlife including migratory birds;
     threatened and endangered species;
     land use, recreation, and visual resources;
     air quality and noise;
     cultural resources;
     reliability and safety; and
     cumulative environmental impacts.
    We will also evaluate reasonable alternatives to the proposed
Project modification including the no action alternative, and make
recommendations on how to minimize or avoid impacts on affected
resources.
    The supplemental 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 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to 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
regulations for Section 106 of the National Historic Preservation Act,
we are using this notice to initiate consultation with the Texas
Historical Commission which has been given the role of the State
Historic Preservation Officer (SHPO) for Texas, and to solicit the
SHPO's view 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 in consultation with the SHPO as the Project is further
developed. Our environmental document for the Project will document our
findings of 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 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 for Historic
Places.
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Currently Identified Environmental Issues

    The proposed increase of 4,734 bhp in compression at Magasco
Compressor Station would have a potential impact on air quality and
noise emissions.

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 identified landowners who
own homes within one-half-mile of the Magasco Compressor Station, 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.
    When an EA is published for distribution, 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 supplemental 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 User's Guide under the ``e-filing'' link on the Commission's Web
site.

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 (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., CP17-
62). 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 filings, document summaries, and direct links to the
documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, Gulf South has established a Web site for the Project at
http://www.gulfsouthpl.com/ExpansionProjects.aspx?id=4294967425. The
Web site includes a description of the Project, permitting schedules
and calendars, frequently asked questions and responses, and links to
related press releases and news articles. You can also request
additional information directly from Gulf South at<PHONE_NUMBER> or by
clicking on the following link on the Gulf South Web site that will
take you to an online submittal form: http://www.gulfsouthpl.com/ExpansionProjects.aspx?ekfrm=4294967452.

    Dated: March 1, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-04379 Filed 3-6-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Rules and Regulations]
[Pages 41716-41718]
[FR Doc No: 2013-16679]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[FMCSA-2013-0283]

Hours of Service; Limited 90-Day Waiver From the 30-Minute Rest
Break Requirement for the Transportation of Livestock

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

ACTION: Notice; grant of waiver.

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SUMMARY: FMCSA grants a limited 90-day waiver from the 30-minute rest
break provision of the Federal hours-of-service (HOS) regulations for
the transportation of livestock. Several associations representing
various segments of the livestock industry raised concerns about the
risks to the health of animals from rising temperatures inside
livestock trucks during drivers' mandatory 30-minute break, especially
in light of long-range weather forecasts for above-normal temperatures
for July, August and September 2013. The industry requested relief, and
the Agency has determined that it is appropriate to grant a limited 90-
day waiver for this period to ensure the well-being of the Nation's
livestock during interstate transportation. The Agency has determined
that the waiver, based on the terms and conditions imposed, would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such waiver. This waiver
preempts inconsistent State and local requirements.

DATES: The waiver is effective July 11, 2013. The waiver expires on
October 9, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590. Email<EMAIL_ADDRESS>Phone
(202) 366-4325.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Transportation Equity Act for the 21st Century (TEA-21) (Public
Law 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of
Transportation (the Secretary) the authority to grant waivers from any
of the Federal Motor Carrier Safety Regulations (FMCSRs) issued under
section 31136 or chapter 313 of title 49, United States Code, to a
person(s) seeking regulatory relief. (49 U.S.C. 31136, 31315(a)) The
Secretary must make a determination that the waiver is in the public
interest, and that it is likely to achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
obtained in the absence of the waiver. Individual waivers may only be
granted to a person for a specific unique, non-emergency event, for a
period up to three months. TEA-21 authorizes the Secretary to grant
waivers without requesting public comment, and without providing public
notice.
    The Administrator of FMCSA has been delegated authority under 49
CFR 1.87(f) to carry out the functions vested in the Secretary by 49
U.S.C. chapter 311, subchapters I and III, relating to commercial motor
vehicle programs and safety regulation.

Background

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its hours-of-service regulations for drivers of property-
carrying commercial motor vehicles (CMVs). The final rule included
several changes to the HOS regulations including a new provision
requiring drivers to take a rest break during the work day under
certain circumstances. Drivers may drive only if 8 hours or less have
passed since the end of the driver's last off-duty period of at least
30 minutes. FMCSA did not specify when drivers must take the 30-minute
break, but the rule requires that they wait no longer than 8 hours
after the last off-duty period of that length or longer to take that
break. Drivers that already take shorter breaks during the work day
could comply with the rule by taking one of the shorter breaks and
extending it to 30 minutes. The new requirement took effect on July 1,
2013.

National Pork Producers Council Waiver Request

    On June 19, 2013, FMCSA received a request for a 90-day waiver and
application for an exemption from the National Pork Producers Council
(the Council) on behalf of the following organizations:
     Agricultural and Food Transporters Conference of the
American Trucking Associations;
     American Farm Bureau Federation;
     American Feed Industry Association;
     American Meat Institute;
     Livestock Marketing Association;
     National Cattlemen's Beef Association;
     National Chicken Council;
     National Milk Producers Federation;
     National Pork Producers Council;
     National Turkey Federation;
     North American Meat Association;
     Professional Rodeo Cowboys Association; and,
     U.S. Poultry and Egg Association.
    The Council stated that complying with the 30-minute rest break
rule will cause livestock producers and their drivers irreparable harm,
place the health and welfare of the livestock at risk, and provide no
apparent benefit to public safety, while forcing the livestock industry
and their drivers to choose between the humane handling of animals or
compliance with the rule.
    The Council explained that the process of transporting livestock,
whether to slaughter, transfer of ownership, or for purposes of
breeding or simply finding forage for feed, is a significant concern to
the agricultural industry. The animals face a variety of stresses
including temperature, humidity, and weather conditions.
    During the summer months, exposure to heat is one of the greatest
concerns in maintaining the animals' well-being. This is especially
challenging for the transportation of pigs because these animals do not
sweat and are subject to heat stress. When heat stress occurs, a pig's
body temperature rises to a level that it cannot control through its
normal panting mechanisms. Under the industry's guidelines, drivers are
directed to avoid stopping in temperatures greater than 80 degrees.
Drivers are advised to stop only when animals will be immediately
unloaded or when safety becomes an issue. If the vehicle must be
stopped, drivers are required to stay with the animals and provide them
with water to help keep them cool.
    When temperature and humidity result in a heat index greater than
or

equal to 100 degrees Fahrenheit, cattle are also placed at significant
health risk. When cattle are stressed under extreme heat conditions,
they are more likely to become non-ambulatory, sick, and even die. Non-
ambulatory cattle are banned from entering the food system. Current
industry guidelines recommend that drivers avoid stopping as internal
trailer temperatures will then increase rapidly because of the loss of
airflow through the trailer and heat production from the animals. A
copy of the Council's waiver request is included in the docket
referenced at the beginning of this notice.

Long-Range Weather Forecasts

    The FMCSA reviewed information from the National Oceanic and
Atmospheric Administration's National Weather Service (NOAA). The NOAA
posts long-range weather forecasts at its Web site, http://www.nws.noaa.gov. NOAA forecasts for the Western half of the United
States for July, August and September predict above normal
temperatures. Above normal temperatures are also forecast for the
northeastern part of the Nation as well as the southern half of
Florida. FMCSA believes the weather forecasts increase the need to
protect livestock during transportation this summer.

Population of Drivers and Carriers Engaged in Livestock Transportation

    Although the Council did not provide information on the number of
carriers and drivers to be included in the waiver it requested, FMCSA
reviewed its Motor Carrier Management Information System (MCMIS) to
determine this information. MCMIS includes the information reported to
the Agency by carriers submitting the Motor Carrier Identification
Report (FMCSA Form MCS-150), required by 49 CFR 390.19. As of July 3,
2013, MCMIS lists 64,892 motor carriers that identified livestock as a
type (though not necessarily the only type) of cargo they transported.
These carriers operate 187,606 vehicles and employ 242,676 drivers. And
126,471 of these drivers operate within a 100 air-mile radius of their
work-reporting location--a fact that is important because existing
statutory exemptions provide relief from the HOS requirements for these
drivers. A final rule published on March 14, 2013, extended the 100
air-mile radius previously in effect to 150 air miles (see 49 CFR
395.1(k), 78 FR 16189). Therefore, the waiver would not be applicable
to them, leaving fewer than 116,205 drivers likely to utilize this
relief from the 30-minute rest break provision.
    Section 345 of the National Highway System Designation Act of 1995
(the NHS Act) (Pub. L. 104-69, 109 Stat. 613), enacted on November 28,
1995, implemented by 49 CFR 395.1(k), provided relief from the HOS
requirements for drivers transporting agricultural commodities or farm
supplies for agricultural purposes in a State if ``the transportation
is limited to an area within a 100 air-mile radius from the source of
the commodities or the distribution point for the farm supplies and is
during the planting and harvesting seasons within such State, as
determined by the State.''
    Section 32101(d) of ``Moving Ahead for Progress in the 21st Century
Act'' (MAP-21) (Pub. L. 112-141, 126 Stat. 405), enacted on July 6,
2012, expanded that 100 air-mile radius provided by the NHS Act to 150
air miles; FMCSA implemented the provision with a final rule published
on March 14, 2013 (78 FR 16189).
    In addition, section 32934 of MAP-21 provides statutory exemptions
from most of the FMCSRs, including those pertaining to HOS, the
commercial driver's license and driver qualification requirements, for
drivers of ``covered farm vehicles'' (CFVs), a term defined in detail
by MAP-21. Among other things, CFV drivers must be owners or operators
of farms or ranches, or their employees or family members; for-hire
motor carriers are not eligible for the exemptions provided by section
32934. These exemptions are explained in the March 14, 2013, final rule
mentioned above.

Analysis of Fatal Crashes Involving Carriers Transporting Livestock

    FMCSA reviewed ``Trucks Involved in Fatal Accidents Factbook 2008''
(UMTRI-2011-15, March 2011) published by the University of Michigan
Transportation Research Institute's Center for National Truck and Bus
Statistics to determine the prevalence of crashes involving the
transportation of livestock. A copy of this publication is included in
the docket referenced at the beginning of this notice.
    In 2008, there were 4,352 trucks involved in fatal crashes and 20
of those vehicles were transporting live animals, with 13 of the
vehicles reported as having a livestock cargo body. There were 13 other
vehicles with an empty livestock cargo body involved in fatal crashes.
Overall, trucks transporting live animals represent less than one half
of one percent of the trucks involved in fatal crashes.
    The Trucks Involved in Fatal Accidents (TIFA) report showed that 26
livestock cargo body vehicles, all of them tractor-semitrailer
combinations, were involved in fatal crashes. Of that number, 13
livestock vehicles were transporting live animals at the time of the
crash. Seven instances of vehicles transporting live animals being at
the time of the fatal crash involved CMVs with a body type reported as
something other than livestock, based on the information above.
    About one-third of the 2008 crashes involving livestock
transporters occurred on trips of 100 miles or less so the driver
probably was exempt from the HOS requirements. With the recent
expansion of the HOS exemption from 100 air-miles to 150 air-miles, any
crashes that occur in the future are even more likely to occur within
the exempt radius.

                                           Fatal Truck Involvements by Trip Type and Livestock Cargo Body Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Cargo body:
                                                livestock,
       Trip type (distance in miles)              tractor                           Statutory exemption from HOS rules (< 150 miles)
                                                combination
--------------------------------------------------------------------------------------------------------------------------------------------------------
Local......................................                 3  Yes.
51-100.....................................                 2  Yes.
101-150....................................                 3  Yes.
151-200....................................                 3  No. Drivers may be able to achieve compliance with the 30-minute break requirement
                                                                because of limited distance.
201-500....................................                10  No.
>500 miles.................................                 4  No.
Unknown....................................                 1  Unknown.
                                            ------------------------------------------------------------------------------------------------------------
    Total..................................                26  ----
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    Given this information, FMCSA does not believe a limited 90-day
waiver from the 30-minute rest break requirement would decrease the
level of safety on the Nation's highways.

FMCSA Determination

    In consideration of the above, FMCSA has determined that it is in
the public interest to provide a limited waiver from the 30-minute
break requirement in the Federal HOS regulations for interstate motor
carriers transporting livestock. A review of the most recent MCMIS and
TIFA data provides a basis for determining that a limited waiver, based
on the terms and conditions imposed, would achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.

Terms and Conditions of the Waiver

    The FMCSA provides a limited 90-day waiver from the 30-minute break
provision of the HOS rules for drivers transporting livestock as
defined in the Emergency Livestock Feed Assistance Act of 1988, as
amended (the 1988 Act) [7 U.S.C. 1471(2)]. The term ``livestock'' as
used in this waiver means ``cattle, elk, reindeer, bison, horses, deer,
sheep, goats, swine, poultry (including egg-producing poultry), fish
used for food, and other animals designated by the Secretary of
Agriculture that are part of a foundation herd (including dairy
producing cattle) or offspring, or are purchased as part of a normal
operation and not to obtain additional benefits under [the 1988 Act].''
    The waiver is further limited to motor carriers that have a
``satisfactory'' safety rating or are ``unrated;'' motor carriers with
``conditional'' or ``unsatisfactory'' safety ratings are prohibited
from utilizing this waiver.

Safety Rating

    Motor carriers that have received compliance reviews are required
to have a ``satisfactory'' rating. The compliance review is an on-site
examination of a motor carrier's operations, including records on
drivers' hours of service, maintenance and inspection, driver
qualification, commercial driver's license requirements, financial
responsibility, accidents, hazardous materials, and other safety and
transportation records to determine whether a motor carrier meets the
safety fitness standard. The assignment of a ``satisfactory'' rating
means the motor carrier has in place adequate safety management
controls to comply with the Federal safety regulations, and that the
safety management controls are appropriate for the size and type of
operation of the motor carrier.
    The FMCSA will also allow ``unrated'' carriers to take advantage of
the waiver. Unrated motor carriers are those that have not received a
compliance review. It would be unfair to exclude such carriers simply
because they were not selected by for a compliance review, especially
since carriers are prioritized for compliance reviews on the basis of
known safety deficiencies.
    The Agency is not allowing motor carriers with conditional or
unsatisfactory ratings to participate because both of those ratings
indicate that the carrier has safety management control problems. There
is little reason to believe that carriers rated either unsatisfactory
or conditional could be relied upon to comply with the terms and
conditions of the waiver.

Accident Reporting Requirement

    Within 10 business days following an accident (as defined in 49 CFR
390.5), irrespective of whether the CMV was being operated under the
this waiver, the motor carrier must submit the following information:
    (a) Date of the accident;
    (b) City or town in which the accident occurred, or city or town
closest to the scene of the accident;
    (c) Driver's name and license number;
    (d) Vehicle number and State license number;
    (e) Number of injuries;
    (f) Number of fatalities;
    (g) The police-reported cause of the accident;
    (h) Whether the driver was cited for violating any traffic laws,
motor carrier safety regulations, or hazardous materials discharge; and
    (i) Whether the driver was operating under the waiver, and if so,
an estimate of the total on-duty and driving time between the last
break of at least 15 minutes and the accident.

Duration of the Waiver

    The waiver is effective upon publication in the Federal Register
and is valid until October 9, 2013, unless revoked earlier by the
FMCSA. The exemption preempts inconsistent State or local requirements.

Safety Oversight of Carriers Operating Under the Waiver

    The FMCSA expects that any motor carrier operating under the terms
and conditions of the waiver will maintain its safety record. However,
should any deterioration occur, the FMCSA will, consistent with the
statutory requirements of 49 U.S.C. 31315, take all steps necessary to
protect the public interest. Use of the waiver is voluntary, and the
FMCSA will immediately revoke the waiver for any interstate motor
carrier or driver for failure to comply with the terms and conditions
of the waiver

    Issued on: July 5, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-16679 Filed 7-8-13; 4:15 pm]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Proposed Rules]
[Pages 56658-56660]
[FR Doc No: 2021-22095]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 86, No. 194 / Tuesday, October 12, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0875; Project Identifier AD-2021-00675-E]
RIN 2120-AA64

Airworthiness Directives; Continental Aerospace Technologies,
Inc. and Continental Motors Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Continental Aerospace Technologies, Inc. C-125, C145, IO-
360, IO-470, IO-550, O-300, O-470, TSIO-360, TSIO-520 series model
reciprocating engines and certain Continental Motors IO-520 series
model reciprocating engines with a certain oil filter adapter
installed. This proposed AD was prompted by reports of two accidents
that were the result of power loss due to oil starvation. This proposed
AD would require removal of the oil filter adapter fiber gasket and its
replacement with a copper gasket. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November
26, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Stratus
Tool Technologies, LLC, 2208 Air Park Drive, Burlington, NC 27215;
phone:<PHONE_NUMBER>; website: https://www.tempestplus.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 1200 District Avenue, Burlington,
MA 01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0875; 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: George Hanlin, Aviation Safety
Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park,
GA 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0875; Project Identifier
AD-2021-00675-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this 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
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
George Hanlin, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701
Columbia Avenue, College Park, GA 30337. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA received reports of two accidents that were the result of
power loss due to oil starvation. The first was a fatal accident on May
1, 2019 involving a Cessna 182P airplane with a Continental Motors O-
470-S engine in Mill Creek, California. National Transportation Safety
Board (NTSB) preliminary accident investigation report, docket number
WPR19FA126, identified evidence of improperly maintained or installed
oil filter adapters. An improperly maintained or installed oil filter
adapter may lead to failure of the fiber gasket, which may result in
oil loss or oil starvation. Based on the investigation, the
manufacturer determined the need to replace the fiber gasket with a
copper gasket. This condition, if not addressed, could result in
failure of the engine, in-flight shutdown, and loss of control of the
aircraft.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or

develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Stratus Tool Technologies Mandatory Service
Bulletin (MSB) SB-001 Rev B, dated June 17, 2021. This MSB specifies
procedures for removing a fiber gasket and replacing it with a copper
gasket. 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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require removal of the fiber gasket and
replacement with a copper gasket.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 6,300 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace fiber gaskets with copper       2.5 work-hours x $85 per             $34         $246.50      $1,552,950
 gaskets.                                hour = $212.50.
----------------------------------------------------------------------------------------------------------------

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.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

Continental Aerospace Technologies, Inc. and Continental Motors:
Docket No. FAA-2021-0875; Project Identifier AD-2021-00675-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 26, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the reciprocating engine models identified in
paragraphs (c)(1) and (2) of this AD with an F&M Enterprises, Inc.
(F&M) or Stratus Tool Technologies, LLC (Stratus) oil filter adapter
installed per Supplemental Type Certificate SE8409SW, SE09356SC or
SE10348SC.
    (1) Continental Aerospace Technologies, Inc. (Type Certificate
previously held by Continental Motors, Inc., and Teledyne
Continental Motors) C-125-1, C-125-2, C145-2, C145-2H, IO-360-C, IO-
360-D, IO-360-DB, IO-360-H, IO-360-HB, IO-360-K, IO-360-KB, IO-470-
E, IO-470-S, IO-550-B, IO-550-G, O-300-B, O-300-C, O-300-D, O-300-E,
O-470-A, O-470-B, O-470-G, O-470-J, O-470-K, O-470-L, O-470-M, O-
470-N, O-470-R, O-470-S, O-470-U O-470-11, O-470-15, TSIO-360-E,
TSIO-360-EB, TSIO-360-F, TSIO-360-FB, TSIO-360-GB, TSIO-360-LB,
TSIO-360-MB, TSIO-360-SB, TSIO-520-C, TSIO-520-CE, TSIO-520-E, and
TSIO-520-UB model reciprocating engines, and
    (2) Continental Motors (Type Certificate previously held by
Teledyne Continental Motors) IO-520-A, IO-520-B, IO-520-BA, IO-520-
BB, IO-520-C, IO-520-D, IO-520-J, and IO-520-L model reciprocating
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8550, Reciprocating
Engine Oil System.

(e) Unsafe Condition

    This AD was prompted by reports of two accidents that were the
result of power loss due to oil starvation. The FAA is issuing this
AD to prevent loss of engine power. The unsafe condition, if not
addressed, could result in failure of the engine, in-flight
shutdown, and loss of control of the aircraft.

(f) Compliance

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

(g) Required Actions

    Before accumulating 50 flight hours after the effective date of
this AD or at the next scheduled oil change after the effective date
of this AD, whichever occurs first, remove any F&M or Stratus oil
filter adapter fiber gasket from service and replace it with a
Stratus AN900-28 or AN900-29 oil filter adapter copper gasket in
accordance with the Compliance Instructions, paragraph 6., pages 7
through 10 (including all detailed instructions for Figure 5 through
Figure 16), of Stratus Tool Technologies Mandatory Service Bulletin
SB-001 Rev B, dated June 17, 2021.

(h) Installation Prohibition

    After the effective date of this AD, do not install or reuse an
F&M or Stratus fiber gasket in any F&M or Stratus Tool Technologies
oil filter adapter.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are subject to the requirements of paragraph (i)(1) of this
AD:
    (1) Operators may perform a one-time non-revenue ferry flight to
operate the airplane to a location where the maintenance action can
be performed.
    (2) [Reserved]

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO 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
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD.
    (2) 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.

(k) Related Information

    (1) For more information about this AD, contact George Hanlin,
Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5605; email: [email protected].
    (2) For service information identified in this AD, contact
Stratus Tool Technologies, LLC, 2208 Air Park Drive, Burlington, NC
27215; phone:<PHONE_NUMBER>; website: https://www.tempestplus.com.
You may view this referenced service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on October 5, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-22095 Filed 10-8-21; 8:45 am]
BILLING CODE 4910-13-P