[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38792-38795]
[FR Doc No: 2014-15901]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 595

[Docket No. NHTSA-2014-0069]
RIN 2127-AL17

Make Inoperative Exemptions; Vehicle Modifications To Accommodate
People With Disabilities; Ejection Mitigation; Lamps, Reflective
Devices, and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule, technical correction.

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SUMMARY: This final rule amends NHTSA regulations to include a new
exemption relating to the Federal motor vehicle safety standard for
ejection mitigation, and to correct a reference regarding the standard
for lamps, reflective devices and associated equipment. The exemptions
facilitate the mobility of physically disabled drivers and passengers.

DATES: Effective date: The date on which this final rule amends the CFR
is September 8, 2014.
    Petitions for Reconsideration: Petitions for reconsideration of
this final rule must be received at the address below by August 25,
2014.

ADDRESSES: If you wish to petition for reconsideration of this rule,
submit your petition to the following address so that it is received by
NHTSA by the date above: Administrator, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., West Building, Washington,
DC 20590. You should refer in your petition to the docket number of
this document. The petition will be placed in the docket. Note that all
submissions received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.

FOR FURTHER INFORMATION CONTACT: Christopher J. Wiacek, NHTSA Office of
Crash Avoidance Standards, NVS-123 (telephone<PHONE_NUMBER>), or Deirdre
Fujita, NHTSA Office of Chief Counsel, NCC-112 (telephone 202-366-
2992). The mailing address for these officials is: National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington,
DC 20590.

SUPPLEMENTARY INFORMATION: In response to a petition for rulemaking
from Bruno Independent Living Aids (Bruno), this final rule amends 49
CFR Part 595, Subpart C, ``Make Inoperative Exemptions, Vehicle
Modifications to Accommodate People With Disabilities,'' to include a
new exemption relating to FMVSS No. 226, ``Ejection mitigation.'' This
document also corrects a reference in the part to FMVSS No. 108,
``Lamps, reflective devices and associated equipment.'' The notice of
proposed rulemaking (NPRM) preceding this final rule was published on
October 26, 2012 (77 FR 65352).

Background

    The National Traffic and Motor Vehicle Safety Act (49 U.S.C.
Chapter 301) (``Safety Act'') and NHTSA's regulations require vehicle
manufacturers to certify that their vehicles comply with all applicable
Federal motor vehicle safety standards (FMVSSs) (see 49 U.S.C. 30112;
49 CFR part 567) at the time of manufacture. A vehicle manufacturer,
distributor, dealer, or repair business, except as indicated below, may
not knowingly make inoperative any part of a device or element of
design installed in or on a motor vehicle in compliance with an
applicable FMVSS (see 49 U.S.C. 30122). NHTSA has the authority to
issue regulations that exempt regulated entities from the ``make
inoperative'' provision (49 U.S.C. 30122(c)). The agency has used that
authority to promulgate 49 CFR part 595, ``Make Inoperative
Exemptions.''
    49 CFR part 595, subpart C, sets forth exemptions from the make
inoperative provision to permit, under limited circumstances, vehicle
modifications that take the vehicles out of compliance with certain
FMVSSs when the vehicles are modified to be used by persons with
disabilities after the first retail sale of the vehicle for purposes
other than resale. The regulation was promulgated to facilitate the
modification of motor vehicles so that persons with disabilities can
drive or ride in them. The regulation involves information and
disclosure requirements and limits the extent of modifications that may
be made. Details of the regulation are described in the October 26,
2012 NPRM.

FMVSS No. 226, ``Ejection Mitigation''

    On January 19, 2011,\1\ the agency published a final rule
establishing FMVSS No. 226, ``Ejection Mitigation,'' to reduce the
partial and complete ejection of vehicle occupants through side windows
in crashes, particularly rollover crashes. The standard applies to
passenger cars, and to multipurpose passenger vehicles, trucks and
buses with a gross vehicle weight rating of 4,536 kg (10,000 pounds) or
less.\2\
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    \1\ 76 FR 3212; response to petitions for reconsideration, 78 FR
55138 (September 9, 2013).
    \2\ Certain vehicles are excluded from the standard.
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    To assess compliance with FMVSS No. 226, an impactor is propelled
from inside a test vehicle toward the windows. The ejection mitigation
safety system is required to prevent the impactor from moving more than
a specified distance beyond the plane of a window. In the test, the
countermeasure must retain the linear travel of the impactor such that
the impactor must not travel 100 millimeters beyond the location of the
inside surface of the vehicle glazing. This displacement limit serves
to control the size of any gaps forming between the countermeasure
(e.g., the ejection mitigation side curtain air bag) and the window
opening, thus reducing the potential for both partial and complete
ejection of an occupant.
    The agency believes that vehicle manufacturers will meet the
standard by means of side curtain air bag technology, and possibly
supplement the technology with advanced glazing. Existing side impact
air bag curtains (installed pursuant to FMVSS No. 214, ``Side impact
protection'') will be made larger so that they cover more of the window
opening, made more robust to remain inflated longer, and made to deploy
in both side impacts and in rollovers using sensor technology.\3\
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    \3\ NHTSA estimates the new FMVSS No. 226 requirements will save
373 lives and prevent 476 serious injuries per year. The final rule
adopted a phase-in of the new requirements, which started September
1, 2013.
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    FMVSS No. 226 is a new regulation and currently, 49 CFR Part 595
does not provide for an exemption for vehicles that are modified to
accommodate people with disabilities.

NPRM

    On October 26, 2012, NHTSA published an NPRM \4\ in the Federal
Register responding to a petition for rulemaking from Bruno requesting
NHTSA to amend Sec.  595.7 to include an exemption from the
requirements of FMVSS No. 226. The NPRM granted the petition and
proposed to amend the regulation.
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    \4\ 77 FR 65352, October 26, 2012.
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    Bruno manufactures a product line it calls ``Turning Automotive
Seating (TAS),'' which replaces the seat installed by the original
equipment manufacturer (OEM). In its petition, Bruno states that the
purpose of TAS is

``to provide safe access to private motor vehicles for mobility-
impaired drivers or passengers, semi-ambulatory or transferring from a
wheelchair. The Bruno TAS replaces the OEM seat in a sedan, minivan,
van, pickup, or SUV.'' A detailed description of the TAS system can be
found in the NPRM.
    In its petition, Bruno referred to another NHTSA rulemaking (that
has since resulted in a final rule \5\) amending the part 595
regulation, pertaining to the moving deformable barrier (MDB) and pole
tests of FMVSS No. 214 (Sec.  595.7(c)(15)). The final rule provided an
exemption from the MDB and pole test requirements as applied to a
designated seating position that is modified by changing the restraint
system and/or seat at that position to accommodate a person with a
disability. Bruno states in its current petition that FMVSS No. 226
will enhance the side air bag technology of FMVSS No. 214, and that
these enhanced side air bags present much of the same difficulties when
accommodating the transportation needs of mobility impaired persons as
the difficulties discussed in the rulemaking for FMVSS No. 214.
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    \5\ 76 FR 37025, June 24, 2011.
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    In the October 26, 2012 NPRM, NHTSA proposed to amend Sec.
595.7(c) to add an exemption for FMVSS No. 226.\6\ However, we
indicated in the preamble that the agency did not fully agree with
Bruno's statements about the need for an exemption from ejection
mitigation requirements when the vehicle's OEM seat was replaced by a
TAS seat. In NHTSA's view, FMVSS No. 226 is not affected by torso air
bags or seat components, so the fact that the OEM seat would be
replaced did not seem germane. NHTSA did not understand why removing
the original seat and replacing it with a TAS seat would negatively
impact the performance of the curtain air bags certified as meeting
FMVSS No. 226.
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    \6\ NHTSA proposed that the exemption would only be for the side
of the vehicle where a seat must be changed to accommodate a person
with a disability.
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    Nonetheless, the agency did acknowledge in the NPRM that the side
impact sensing and electronic architecture system could be integrated
with that of the ejection mitigation rollover protection system. Thus,
NHTSA acknowledged the possibility that, in the process of modifying or
replacing a seat to accommodate a person with a disability, the FMVSS
No. 214 side impact air bag system could be deactivated, which could
tangentially deactivate the FMVSS No. 226 rollover ejection mitigation
system. Thus, NHTSA stated, for vehicles in which the seat is modified
or replaced, it may not be practical to exempt them from the side
impact requirements and not from ejection mitigation requirements. In
the NPRM, NHTSA sought comment on the need for the requested exemption,
and asked questions as to whether deactivating the side impact
protection system would also deactivate the ejection mitigation system,
and whether an exemption could only be for the ejection mitigation
countermeasure (curtains) on the side of the vehicle affected by the
modification, rather than for both sides.

Response to the NPRM

    The agency received one comment on the NPRM. The comment was from
the National Mobility Equipment Dealers Association (NMEDA),\7\ which
supports the proposed FMVSS No. 226 exemption. NMEDA states that
aftermarket seats differ in dimension/geometry from the original
equipment seat and may be positioned differently in the vehicle. The
commenter states that a wider or higher aftermarket seat, or seat
placement, could hinder the deployment of the ejection mitigation side
curtain air bags. NMEDA also states that some modifiers move the
vehicle seat outward to provide more center row space for a wheelchair.
The commenter states that since relocating the seat in this way may
affect the proper deployment of the curtain air bag, some modifiers
deactivate the air bag on the affected side of the vehicle. NMEDA
states: ``Deactivation of side curtain airbags is often done by
removing the airbag and installing a Shunt that provides the proper
feedback to the 214 control module.'' (A shunt is a device that allows
electric current to pass around another point in the circuit by
creating a low resistance path.)
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    \7\ NMEDA is an association representing vehicle repair
businesses (modifiers) and vehicle manufacturers that provide
mobility to consumers with disabilities.
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    NMEDA also states that some modifications involve modifying the
occupant restraint system (seat belt) for a seating position, such as
when the original restraint system is integrated into the OEM seat and
the OEM seat is removed. The commenter states that modifiers have to
mount a new restraint system to the upper side roof rail of the
vehicle, which ``could affect the deployment of a 226 airbag [sic].''
    Additionally, NMEDA states: ``Since the technical specifications of
the OEM 226 control modules are not available to modifiers, a modifier
would not know whether the deactivation of one side of the vehicle's
curtain airbags also deactivates the other side.''

Agency Decision

    The agency has determined that there is merit to Bruno's request to
amend Sec.  595.7 to add an exemption from the ejection mitigation
requirements and thus has decided to adopt the proposed amendment.
NMEDA's comment indicates that it is common for modifiers to deactivate
or remove the side curtain air bag that is packaged in the headliner
roof rail to make modifications to the seat belt to accommodate a
disabled driver or passenger or to install a new seating system. To
date, the side curtain air bag is the primary OEM countermeasure
installed to meet FMVSS No. 226. Since the countermeasure would be
deactivated or removed, an exemption from FMVSS No. 226 is warranted to
facilitate transportation of people with disabilities. Further,
modifiers are permitted by Sec.  595.7 (see Sec.  595.7(c)(15)) to
deactivate or remove the OEM side curtain air bag installed in
compliance with FMVSS No. 214. If the side curtain air bag were
deactivated or removed from the vehicle, maintaining compliance with
FMVSS No. 226 would not be possible.
    That said, we recognize that the requested amendment presents a
trade-off of substantial ejection mitigation protection in exchange for
continued mobility for people with disabilities. The agency is
concerned about the negative effect an exemption may have on the safety
benefits afforded to occupants.
    In an effort to balance the mobility needs of people who need
vehicle modifications to accommodate a disability with the performance
requirements of FMVSS No. 226, the exemption we have adopted is
limited. Vehicle manufacturing designs generally utilize one ejection
mitigation curtain air bag per side to protect the front and the rear
rows. If the side curtain air bag must be made inoperative on one side
of the vehicle to accommodate a disabled person, we are not convinced
that the side curtain air bag on the other side of the vehicle needs to
be made inoperative as well.
    NHTSA believes it is necessary to maintain as much as possible the
integrity of the ejection mitigation safety system for the side of the
vehicle that is not altered. From NMEDA's comments, it appears possible
to isolate and only deactivate the altered side of the vehicle using a
shunt. Several major

manufacturers \8\ provide, on the internet, information related to
modifying vehicles for mobility purposes. We encourage modifiers to
contact the respective manufacturer or seek other information to obtain
the technical know-how to deactivate one side of the vehicle's curtain
air bags without deactivating the other side.
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    \8\ http://www.fordmobilitymotoring.com, http://www.gmmobility.com, http://www.chryslerautomobility.com, and http://toyotamobility.com.
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    Thus, we amend Sec.  595.7(c) to add Sec.  595.7(c)(17), and only
exempt from S4.2 and S5 of 49 CFR 571.226 the side of the vehicle where
a seat on that side of the vehicle must be changed to accommodate a
person with a disability. A modifier may not knowingly make inoperative
the side curtain air bag on the opposite side of the vehicle.

Technical Amendment

    On December 4, 2007, the agency published a final rule (72 FR
68234) amending FMVSS No. 108, ``Lamps, reflective devices, and
associated equipment'' (49 CFR 571.108), by reorganizing the regulatory
text so that the standard provides a more straightforward and logical
presentation of the applicable regulatory requirements. The final rule
did not impose any new substantive requirements on manufacturers. The
effective date of the rule was December 1, 2012.
    FMVSS No. 108 includes a requirement that a turn signal operating
unit installed on vehicles must be self-canceling by steering wheel
rotation and capable of cancellation by a manually operated control.
The requirement used to be in S<IP_ADDRESS> of FMVSS No. 108, but after the
2007 final rule it is now in S9.1.1 of the standard.
    Following the 2007 final rule, the agency did not revise Sec.
595.7 to reflect the reorganized text of the lighting standard in the
make inoperative exemption relating to FMVSS No. 108. Currently, Sec.
595.7(c)(2) references S<IP_ADDRESS> of FMVSS No. 108, when the correct
paragraph reference is S9.1.1. Today's final rule corrects Sec.
595.7(c)(2) to reference S9.1.1 of FMVSS No. 108.

Effective Date

    As this final rule relieves the regulatory burdens on certain
entities and involves FMVSS requirements that have already become
effective, the agency believes that a 60-day effective date is
appropriate.

Rulemaking Analyses and Notices

Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures

    The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This rulemaking document was not
reviewed by the Office of Management and Budget under E.O. 12866,
``Regulatory Planning and Review.'' It is not considered to be
significant under E.O. 12866 or the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979). NHTSA has determined
that the effects are so minor that a regulatory evaluation is not
needed to support the subject rulemaking. This rulemaking imposes no
costs on the vehicle modification industry. If anything, there could be
a cost savings due to the exemption.
    Modifying a vehicle in a way that makes inoperative the performance
of ejection mitigation air bags will reduce the protections offered
occupants in a rollover. However, the number of vehicles potentially
modified is very small. This is essentially the trade-off that NHTSA is
faced with when increasing mobility for persons with disabilities: When
necessary vehicle modifications are made, some safety may unavoidably
be lost to gain personal mobility. The agency has made the exemption
adopted today as narrow as reasonably possible, to preserve ejection
mitigation protection as much as possible.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR Part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule will not have a
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this final rule under the
Regulatory Flexibility Act. Most dealerships and repair businesses are
considered small entities, and a substantial number of these businesses
modify vehicles to accommodate individuals with disabilities. I certify
that this rule will not have a significant economic impact on a
substantial number of small entities. While most dealers and repair
businesses are considered small entities, the exemption will not impose
any new requirements, but will instead provide additional flexibility.
Therefore, the impacts on any small businesses affected by this
rulemaking will not be substantial.

Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order
13132 (64 FR 43255; Aug. 10, 1999) and concluded that no additional
consultation with States, local governments, or their representatives
is mandated beyond the rulemaking process. The agency has concluded
that the final rule does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The rule does not have
``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.'' This
rule will not impose any requirements on anyone and instead lessens a
requirement for modifiers.
    NHTSA rules can have preemptive effect in two ways. First, the
National Traffic and Motor Vehicle Safety Act contains an express
preemption provision stating that when a motor vehicle safety standard
is in effect under 49 U.S.C. chap. 301, a State or a political
subdivision of a State may prescribe or continue in effect a standard
applicable to the same aspect of performance of a motor vehicle or
motor vehicle equipment only if the standard is identical to the
standard prescribed under Chapter 301. 49 U.S.C. 30103(b)(1). This
provision is not relevant to this rulemaking as it does not involve the
establishing, amending or revoking of a Federal motor vehicle safety
standard.
    Second, the Supreme Court has recognized the possibility, in some

instances, of implied preemption of State requirements imposed on motor
vehicle manufacturers, including sanctions imposed by State tort law.
We are unaware of any State law or action that would prohibit the
actions that this final rule permits.

Civil Justice Reform

    When promulgating a regulation, agencies are required under
Executive Order 12988 to make every reasonable effort to ensure that
the regulation, as appropriate: (1) Specifies in clear language the
preemptive effect; (2) specifies in clear language the effect on
existing Federal law or regulation, including all provisions repealed,
circumscribed, displaced, impaired, or modified; (3) provides a clear
legal standard for affected conduct rather than a general standard,
while promoting simplification and burden reduction; (4) specifies in
clear language the retroactive effect; (5) specifies whether
administrative proceedings are to be required before parties may file
suit in court; (6) explicitly or implicitly defines key terms; and (7)
addresses other important issues affecting clarity and general
draftsmanship of regulations.
    Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this rule is discussed above. NHTSA notes further that there
is no requirement that individuals submit a petition for
reconsideration or pursue other administrative proceeding before they
may file suit in court.

National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards. No voluntary standards exist regarding
this exemption for modification of vehicles to accommodate persons with
disabilities.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This exemption does
not result in expenditures by State, local or tribal governments, in
the aggregate, or by the private sector in excess of $100 million
annually.

National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. This final
rule does not contain new reporting requirements or requests for
information beyond what is already required by 49 CFR Part 595, Subpart
C. An entity taking advantage of the exemption will simply list FMVSS
No. 226 in the document described in 49 CFR 595.7(b).

Plain Language

    Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that
isn't clear?
     Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or
diagrams?
     What else could we do to make the rule easier to
understand?
    If you have any responses to these questions, please include them
in your comments on this rule.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

Privacy Act

    Anyone is able to search the electronic form of all submissions to
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78).

List of Subjects in 49 CFR Part 595

    Motor vehicle safety, Motor vehicles.

    In consideration of the foregoing, NHTSA amends 49 CFR part 595 to
read as follows:

PART 595--MAKE INOPERATIVE EXEMPTIONS

0
1. The authority citation for part 595 is revised to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166;
delegation of authority at 49 CFR 1.95.

0
2. Amend Sec.  595.7 by revising paragraph (c)(2) and adding paragraph
(c)(17) to read as follows:

Sec.  595.7  Requirements for vehicle modifications to accommodate
people with disabilities.

* * * * *
    (c) * * *
    (2) S9.1.1 of 49 CFR 571.108, in the case of a motor vehicle that
is modified to be driven without a steering wheel or for which it is
not feasible to retain the turn signal canceling device installed by
the vehicle manufacturer.
* * * * *
    (17) S4.2 and S5 of 49 CFR 571.226, on the side of the vehicle
where a seat on that side of the vehicle must be changed to accommodate
a person with a disability.
* * * * *

    Dated: June 19, 2014.
David J. Friedman,
Acting Administrator.
[FR Doc. 2014-15901 Filed 7-8-14; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Proposed Rules]
[Pages 67348-67351]
[FR Doc No: 2015-27725]

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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. 80, No. 211 / Monday, November 2, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4808; Directorate Identifier 2014-NM-134-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A330-200, -200 Freighter, and -300 series
airplanes; and Model A340-200 and -300 series airplanes. This proposed
AD was prompted by reports that cracks were found on an adjacent hole
of certain frames of the center wing box (CWB). This proposed AD would
require removing fasteners, a rototest inspection of fastener holes,
installing new fasteners; and if necessary, oversizing the holes and
doing rototest inspections for cracks, and repairing any cracking that
is found. We are proposing this AD to detect and correct cracking on
certain holes of certain frames of the CWB, which could affect the
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by December 17,
2015.

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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

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-2015-
4808; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-4808;
Directorate Identifier 2014-NM-134-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0149, dated June 13, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A330-200, -200 Freighter, and -300 series airplanes; and Model A340-200
and -300 series airplanes. The MCAI states:

    During accomplishment of A330 Airworthiness Limitation Item
(ALI) task 57-11-04 on the rear fitting of the Frame (FR) 40 between
stringers 38 and 39 on both [left-hand] LH/[right-hand] RH sides,
cracks were found on an adjacent hole. After reaming at second
oversize of the subject hole, the crack was still present.
    Other crack findings on this adjacent hole have been reported on
A330 and A340-200/-300 aeroplanes as a result of sampling
inspections.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
    For the reasons described above, this [EASA] AD requires removal
of the fasteners and repetitive rototest inspections of fastener
holes at FR40 vertical web located above Center Wing Box (CWB) lower
panel reference and/or below CWB lower panel reference on both sides
and, depending on findings, accomplishment of the applicable
corrective actions.
    Note: These holes affected by this [EASA] AD are different from
the ones affected by EASA AD 2009-0001 [http://ad.easa.europa.eu/blob/easa_ad_2009_0001.pdf/AD_2009-0001_1].

    Required actions also include oversizing certain holes, installing
new fasteners, and repairing any cracking that is found. The initial
compliance times range from 13,500 to 30,900 flight cycles, or 57,000
to 162,000 flight hours, depending on operation and utilization. The
repetitive compliance times are 7,400 flight cycles/24,300 flight hours
or 5,950 flight cycles/40,400 flight hours from ALI embodiment. 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-2015-4808.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information. The service
information describes procedures for removing the fasteners and doing a
repetitive rototest inspection of fastener holes at frame (FR) 40
vertical web on both sides, installing new fasteners in transition fit,
and oversizing the holes.
     Airbus Service Bulletin A330-57-3114, dated March 12,
2013.
     Airbus Service Bulletin A330-57-3115, dated April 4, 2013.
     Airbus Service Bulletin A330-57-3116, dated March 12,
2013.
     Airbus Service Bulletin A340-57-4123, dated March 12,
2013.
     Airbus Service Bulletin A340-57-4124, Revision 01, dated
August 22, 2013.
     Airbus Service Bulletin A340-57-4125, dated March 12,
2013.
    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 of this
NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 35 airplanes of U.S.
registry.
    We also estimate that it would take about 78 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $232,050, or $6,630 per product, per
inspection cycle.
    In addition, we estimate that any necessary follow-on actions would
take up to 98 work-hours and require parts costing $136,400, for a cost
of up to $144,730 per product. We have no way of determining the number
of aircraft that might need this action.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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 (AD):

Airbus: Docket No. FAA-2015-4808; Directorate Identifier 2014-NM-
134-AD.

(a) Comments Due Date

    We must receive comments by December 17, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category, all
manufacturer serial numbers, except those on which Airbus
Modification (Mod) 55792 or Mod 55306 has been embodied in
production, and except those on which Airbus Repair Instruction
R57115092 has been embodied in service on both right-hand (RH) and
left-hand (LH) sides.
    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243 -243F,
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports that cracks were found on an
adjacent hole of certain frames of the center wing box (CWB). We are
issuing this AD to detect and correct cracking on certain holes of
the CWB, which could affect the structural integrity of the
airplane.

(f) Compliance

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

(g) Inspection

    Do a rototest inspection of the fastener holes at the frame (FR)
40 vertical web, on both sides, as specified in table 1 to paragraph
(g) of this AD, except as required by paragraph (k) of this AD.

                                       Table 1 to paragraph (g) of this AD--Compliance Location, Method, and Time
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                At the later of--
                                                                                ---------------------------------------------
                                                                                In accordance with    The applicable time
             For model                  In configuration             Inspect           the accomplishment        specified in
                                                                                instructions of        paragraph 1.E.,       And the earlier of
                                                                                ``Compliance,'' of
--------------------------------------------------------------------------------------------------------------------------------------------------------
A330-300 series airplanes..........  Pre-mod 44360.........  Below the CWB lower     Airbus Service         Airbus Service         Within 2,400 flight
                                                              panel reference.        Bulletin A330-57-      Bulletin A330-57-      cycles or 24 months
                                                                                3114, dated March      3114, dated March      after the effective
                                                                                12, 2013.              12, 2013.              date of this AD.
A330-200 and -300 series airplanes.  Post-mod 44360 and pre- Below the CWB lower     Airbus Service         Airbus Service         Within 2,400 flight
                                      mod 49202.              panel reference.        Bulletin A330-57-      Bulletin A330-57-      cycles or 24 months
                                                                                3116, dated March      3116, dated March      after the effective
                                                                                12, 2013.              12, 2013.              date of this AD.
A330-200 and -300 series airplanes.  Pre-mod 55306 and pre-  Above the CWB lower     Airbus Service         Airbus Service         Within 2,400 flight
                                      mod 55792.              panel reference.        Bulletin A330-57-      Bulletin A330-57-      cycles or 24 months
                                                                                3115, dated April 4,   3115, dated April 4,   after the effective
                                                                                2013.                  2013.                  date of this AD.
A340-200 and -300 series airplanes.  Pre-mod 44360.........  Below the CWB lower     Airbus Service         Airbus Service         Within 1,300 flight
                                                              panel reference.        Bulletin A340-57-      Bulletin A340-57-      cycles or 24 months
                                                                                4123, dated March      4123, dated March      after the effective
                                                                                12, 2013.              12, 2013.              date of this AD.
A340-200 and -300 series airplanes.  Pre-mod 55306 and pre-  Above the CWB lower     Airbus Service         Airbus Service         Within 1,300 flight
                                      mod 55792.              panel reference.        Bulletin A340-57-      Bulletin A340-57-      cycles or 24 months
                                                                                4124, Revision 01,     4124, Revision 01,     after the effective
                                                                                dated August 22,       dated August 22,       date of this AD.
                                                                                2013.                  2013.
A340-200 and -300 series airplanes.  Post-mod 44360 and pre- Below the CWB lower     Airbus Service         Airbus Service         Within 1,300 flight
                                      mod 4902.               panel reference.        Bulletin A340-57-      Bulletin A340-57-      cycles or 24 months
                                                                                4125, dated March      4125, dated March      after the effective
                                                                                12, 2013.              12, 2013.              date of this AD.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(h) Follow-On Actions: No Cracking

    If no crack is found during any inspection required by paragraph
(g) of this AD, do the actions specified in paragraphs (h)(1) and
(h)(2) of this AD.
    (1) Before further flight, install new fasteners in the
transition fit, in accordance with the Accomplishment Instructions
of the service information identified in table 1 to paragraph (g) of
this AD; as applicable.
    (2) Repeat the inspection required by paragraph (g) of this AD
thereafter at the applicable time identified in paragraph 1.E.,
``COMPLIANCE,'' of the service information identified in table 1 to
paragraph (g) of this AD; as applicable.

(i) Follow-On Actions for Crack Findings

    If any crack is found during any inspection required by
paragraph (g) of this AD: Before further flight, oversize the holes
to the first oversize in comparison with the current hole diameter,
and do a rototest inspection for cracks, in accordance with the
Accomplishment Instructions of the service information identified in
table 1 to paragraph (g) of this AD; as applicable.
    (1) If no cracking is found during the rototest inspection
required by paragraph (i) of this AD, do the actions specified in
paragraphs (i)(1)(i) and (i)(1)(ii) of this AD.
    (i) Before further flight: Install new fasteners in the
transition fit, in accordance with the Accomplishment Instructions
of the service information identified in table 1 to paragraph (g) of
this AD; as applicable.
    (ii) Repeat the inspection required by paragraph (g) of this AD
thereafter at the applicable time identified in paragraph 1.E.,
``COMPLIANCE,'' of the service information identified in table 1 to
paragraph (g) of this AD; as applicable.
    (2) If cracking is found during the rototest inspection required
by paragraph (i) of this AD, before further flight, repair using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

(j) Terminating Action Specifications

    Accomplishment of the initial and repetitive inspections
required by this AD terminates accomplishment of Airworthiness
Limitation Items Tasks 57-11-04 and 57-11-02 of the Airworthiness
Limitation Section (ALS) Part 2, Damage Tolerant Airworthiness
Limitation Items (DT ALI).
    (1) Installation of new fasteners as specified in paragraph
(h)(1) of this AD does not terminate the repetitive inspections
required by paragraph (g) of this AD.
    (2) Accomplishment of the corrective actions specified in
paragraphs (i) and (i)(1) of this AD does not terminate the
repetitive inspections required by paragraph (g) of this AD.
    (3) Accomplishment of the repair specified in paragraph (i)(2)
of this AD does not terminate repetitive inspections required by
paragraph (g) of this AD, unless the approved repair method
specified otherwise.

(k) Exceptions to Service Information

    (1) If the service information identified in table 1 to
paragraph (g) of this AD specifies contacting Airbus for appropriate
action: Before further flight, repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the EASA; or Airbus's EASA DOA.
    (2) Where paragraph 1.E., ``Compliance,'' of the service
information specified in table 1 to paragraph (g) of this AD
specifies a Compliance Time in terms of a ``Threshold'' and ``Grace
Period,'' this AD requires compliance at the later of the applicable
Threshold and Grace Period.
    (3) Where paragraph 1.E., ``Compliance,'' of the service
information specified in table 1 to paragraph (g) of this AD
specifies a Threshold as ``before next flight,'' this AD requires
compliance before the next flight after the applicable finding.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (i) of this AD, if those actions were performed
before the effective date of this AD using the service information
specified in paragraph (l)(1), (l)(2), (l)(3), (l)(4), (l)(5),
(l)(6), (l)(7), (l)(8), or (l)(9) of this AD. This service
information is not incorporated by reference in this AD.
    (1) Airbus Technical Disposition Reference LR57D11023270, Issue
B, dated July 12, 2011.
    (2) Airbus Technical Disposition Reference LR57D11029171, Issue
B, dated September 6, 2011.
    (3) Airbus Technical Disposition Reference LR57D11029173, Issue
B, dated September 6, 2011.
    (4) Airbus Technical Disposition Reference LR57D11030741, Issue
B, dated September 22, 2011.
    (5) Airbus Technical Disposition Reference LR57D11029170, Issue
C, dated September 6, 2011.
    (6) Airbus Technical Disposition Reference LR57D11023714, Issue
B, dated July 12, 2011.

    (7) Airbus Technical Disposition Reference LR57D11029172, Issue
B, dated September 6, 2011.
    (8) Airbus Technical Disposition Reference LR57D11030740, Issue
C, dated September 22, 2011.
    (9) Airbus Service Bulletin A340-57-4124, dated April 4, 2013.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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. The
AMOC approval letter must specifically reference this AD.
    (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
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0149, dated June 13, 2014,
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-2015-4808.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on October 21, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-27725 Filed 10-30-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8735-8736]
[FR Doc No: 2017-01909]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC17-3-000]

Commission Information Collection Activities (Ferc-603); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory
Commission (Commission or FERC) is soliciting public comment on the
currently approved information collection, FERC-603, Critical Energy/
Electric Infrastructure Information (CEII) Request.

DATES: Comments on the collection of information are due March 31,
2017.

ADDRESSES: You may submit comments (identified by Docket No. IC17-3-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-603, Critical Energy/Electric Infrastructure
Information (CEII) Request.
    OMB Control No.: 1902-0197.
    Type of Request: Three-year extension of the FERC-603 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: This collection is used by the Commission to implement
procedures for individuals with a valid or legitimate need for access
to Critical Energy/Electric Infrastructure Information (CEII), which is
exempt from disclosure under the Freedom of Information Act (5 U.S.C.
552), subject to a non-disclosure agreement.
    On February, 21, 2003, the Commission issued Order No. 630 (66 FR
52917) to address the appropriate treatment of CEII in the aftermath of
the September 11, 2001 terrorist attacks and to restrict access due to
the ongoing terrorism threat. Given that such information would
typically be exempt from mandatory disclosure pursuant to FOIA, the
Commission determined that it was important to have a process for
individuals with a valid or legitimate need to access certain sensitive
energy infrastructure information. As such, the Commission's CEII
process is designed to limit the distribution of sensitive
infrastructure information to those individuals with a need to know in
order to avoid having sensitive information fall into the hands of
those who may use it to attack the Nation's infrastructure.\1\ This
collection was prepared as part of the implementation of the CEII
request process.
---------------------------------------------------------------------------

    \1\ The Commission defined CEII to include information about
``existing or proposed critical infrastructure that: (i) Relates to
the production, generation, transportation, transmission, or
distribution of energy; (ii) could be useful to a person planning an
attack on critical infrastructure; (iii) is exempt from mandatory
disclosure under the Freedom of Information Act, and (iv) does not
simply give the location of the critical infrastructure. Critical
infrastructure means existing and proposed systems and assets,
whether physical or virtual, the incapacity or destruction of which
would negatively affect security, economic security, public health
or safety, or any combination of those matters.
---------------------------------------------------------------------------

    On December 4, 2015, the President signed the Fixing America's
Surface Transportation Act (FAST Act) into law, which directed the
Commission to issue regulations aimed at securing and sharing sensitive
infrastructure information.\2\ On November 17, 2016, in Order No. 833
(in Docket No. RM16-15), the Commission adopted a Final Rule
implementing the FAST Act by amending its regulations that pertain to
the designation, protection, and sharing of Critical Energy/Electric
Infrastructure Information (CEII). The Final Rule will be effective on
February 19, 2017.\3\
---------------------------------------------------------------------------

    \2\ Fixing America's Surface Transportation Act, Public Law 114-
94, 61,003, 129 Stat. 1312, 1773-1779 (2015) (to be codified at 16
U.S.C. 824 et seq.) (FAST Act).
    \3\ Because the Final Rule is not yet effective, the sample CEII
Request Form attached to this notice does not appear on the FERC Web
site and will not be published in the Federal Register. The sample
CEII Request Form will be posted with this Notice in Docket No.
IC17-3 in eLibrary.
---------------------------------------------------------------------------

    FERC-603, Critical Energy/Electric Infrastructure Information
(CEII) request form is largely unchanged from the previously approved
version. As in the previous version, a person seeking access to CEII
must file a request for that information by providing information about
their identity and the reason the individual needs the information.
With that information, the Commission is able to assess the requester's
need for the information against the sensitivity of the information.
When Order No. 833 becomes effective, the form will be updated to refer
to CEII as Critical Energy/Electric Infrastructure Information (CEII)
as opposed to Critical Energy Infrastructure Information (CEII).\4\ The
form will also be updated to provide clarification about the statement
of need that CEII requesters must provide by referring individuals to
the regulations.\5\ Compliance with these requirements is mandatory. A
sample updated CEII request form is attached to this notice.
---------------------------------------------------------------------------

    \4\ Section 215A(a)(3) of the FAST Act defined Critical Electric
Infrastructure Information to include information that qualifies as
critical energy infrastructure information under the Commission's
regulations. The Commission therefore defined the term ``Critical
Electric Infrastructure Information'' to include ``Critical Energy
Infrastructure Information'' as defined under the Commission's
existing regulations and determined to refer to both types of
information, collectively, as CEII.
    \5\ Specifically, 18 CFR 388.113(g)(5)(i)(b) states that a
Statement of Need must include: The extent to which a particular
function is dependent upon access to the information; why the
function cannot be achieved or performed without access to the
information; an explanation of whether other information is
available to the requester that could facilitate the same objective;
how long the information will be needed; whether or not the
information is needed to participate in a specific proceeding (with
that proceeding identified); and an explanation of whether the
information is needed expeditiously.
---------------------------------------------------------------------------

    Type of Respondents: Persons seeking access to CEII.
    Estimate of Annual Burden: \6\ The Commission estimates the total
annual

burden and cost \7\ for this information collection as follows.
---------------------------------------------------------------------------

    \6\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 Code of Federal Regulations 1320.3.
    \7\ The Commission staff thinks that the average respondent for
this collection is similarly situated to the Commission, in terms of
salary plus benefits. Based upon FERC's 2016 annual average of
$154,647 (for salary plus benefits), the average hourly cost is
$74.50/hour.

                                          FERC-603--Critical Energy/Electric Infrastructure Information Request
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Annual number
          Number of respondents            of responses    Total number     Average burden and cost per    Total annual burden hours and     Cost per
                                          per respondent   of responses              response                    total annual cost        respondent ($)
(1)                                                  (2)     (1)*(2)=(3)  (4)...........................  (3)*(4)=(5)...................         (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
200.....................................               1             200  0.3 hrs.; $22.35..............  60 hrs.; $4,470...............          $22.35
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: January 23, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-01909 Filed 1-27-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55673-55674]
[FR Doc No: 2020-19861]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-2473-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Report Filing: 2019 CICO Report Filing.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5136.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP19-57-002.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Compliance filing RP19-57 AGT Settlement Compliance
Filing to be effective 6/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5151.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1154-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Vitol Inc. Negotiated Rate
Agreement to be effective 9/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5091.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1155-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Sept 20 Negotiated Rate
Agreements to be effective 9/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5092.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1156-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreements--9/1/2020 to be effective 9/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5094.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1157-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Expired Negotiated Rate
Agreement-- 9/1/2020 to be effective 10/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5097.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1158-000.
    Applicants: Great Lakes Gas Transmission Limited Parnership.
    Description: Sec.  4(d) Rate Filing: SEMCO Negotiated Rate
Amendment to be effective 9/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5158.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1159-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Compliance filing BXP Rate Implementation to be
effective 11/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5164.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1160-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Initial Rate Filing--
Southeastern Trail Project to be effective 11/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5252.

    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-1161-000.
    Applicants: Midship Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Periodic Retainage Adjustment
Effective 10/1/2020 to be effective 10/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5268.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: RP20-614-004.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing Motion Filing--Cash-Out Price
Calculation--Revised Section 18 to be effective 9/1/2020.
    Filed Date: 9/1/20.
    Accession Number: 20200901-5223.
    Comments Due: 5 p.m. ET 9/14/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 1, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-19861 Filed 9-8-20; 8:45 am]
BILLING CODE 6717-01-P