[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11888-11891]
[FR Doc No: 2021-04233]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 209 and 211

[Emergency Order No. 32, Notice No. 1]

Emergency Order Requiring Face Mask Use in Railroad Operations

SUMMARY: To help prevent the spread of coronavirus disease 2019 (COVID-
19), the Federal Railroad Administration (FRA) is issuing this
emergency order (E.O.) to require compliance with the mask requirements
of the Order of the Centers for Disease Control and Prevention (CDC),
Requirement for Persons to Wear Masks While on Conveyances and at
Transportation Hubs. This E.O. also implements Promoting COVID-19
Safety in Domestic and International Travel, issued on January 21,
2021, requiring masks to be worn in or on airports, commercial
aircraft, and various modes of surface transportation, including
trains. Specifically, this E.O. addresses requirements for face mask
use with respect to all freight rail operations and portions of each
passenger rail operation under FRA's safety jurisdiction.

DATES: This emergency order is effective March 1, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Patterson, Director, Office of
Data Analysis and Program Support, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>Elizabeth Gross, Attorney Adviser, Office of
the Chief Counsel, at<PHONE_NUMBER> or<EMAIL_ADDRESS>or
Veronica Chittim, Attorney Adviser, Office of the Chief Counsel, at
(202) 493-0273 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Introduction

    FRA is issuing this E.O. to implement Executive Order 13998,\1\
which directs the Secretary of Transportation to take action to require
masks to be worn in compliance with CDC guidelines in or on trains.\2\
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    \1\ 86 FR 7205 (Jan. 26, 2021).
    \2\ For example, this E.O. applies to all persons in or on a
freight train, locomotive, high-rail vehicle, crew transportation
vehicle, or in a railroad transportation facility, terminal, yard,
storage facility, yard office, crew room, maintenance shop, and
other areas regularly occupied by personnel engaged in railroad
operations.
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    On January 31, 2021, the Transportation Security Administration
(TSA) issued Security Directive (SD) 1582/84-21-01, Security Measures--
Face Mask Requirements (TSA SD), to implement Executive Order 13998 and
to enforce the CDC Order with respect to conveyances and transportation
facilities used in various modes of surface transportation, including
passenger rail.
    On February 12, 2021, the Secretary of Transportation issued an
Action Memorandum to further USDOT's efforts to implement the
President's Executive Order 13998. Finding that COVID-19 and its
variants continue to present unprecedented challenges to the health of
the traveling public in all modes of transportation, and that the
wearing of masks on all modes of transportation can mitigate the risk
of travelers spreading COVID-19 and can instill safety and confidence
in transportation systems, the Secretary directed FRA to take action to
support and carry out enforcement of the CDC Order with respect to
transportation entities subject to its jurisdiction.
    In issuing this E.O., FRA is exercising its emergency railroad
safety authority to the extent necessary to require mask wearing in
accordance with the CDC Order and implement Executive Order 13998 with
respect to freight rail operations and those portions of passenger rail
operations \3\ not already covered by the TSA SD. FRA is not exercising
its authority over any other aspect of the COVID-19 pandemic and does
not otherwise intend by this E.O. to affect working conditions for
employees and contractors engaged in railroad operations.\4\
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    \3\ For an explanation of how FRA exercises its safety
jurisdiction over passenger rail operations, see ``FRA's Policy on
Jurisdiction Over Passenger Operations'' in 49 CFR part 209,
appendix A--Statement of Agency Policy Concerning Enforcement of the
Federal Railroad Safety Laws.
    \4\ Nothing in this E.O. is intended to interfere with any
applicable jurisdiction over COVID-19 issues in the workplace by the
Occupational Safety and Health Administration. Additionally, FRA is
not exercising its railroad safety authority over any COVID-19 issue
other than requiring compliance with mask mandates in accordance
with the CDC Order, nor is it exercising its jurisdiction over how a
railroad decides to comply with the CDC Order and this E.O. For
example, a railroad may not include any type of COVID-19 risk-based
hazard analysis as part of its railroad system safety program under
either 49 CFR part 270 (System Safety Program) or part 271 (Risk
Reduction Program) in order to protect that analysis from discovery
or use in litigation under either 49 CFR 270.105 or 49 CFR 271.11.
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Authority

    Authority to enforce Federal railroad safety laws has been
delegated by the U.S. Secretary of Transportation to the Administrator
of FRA. 49 U.S.C. 103; 49 CFR 1.89(e) and internal delegations.
Railroads are subject to FRA's safety jurisdiction under the Federal
railroad safety laws. 49 U.S.C. 20101, 20103. FRA is authorized to
issue emergency orders where an unsafe condition or practice ``causes
an emergency situation involving a hazard of death, personal injury, or
significant harm to the environment.'' 49 U.S.C. 20104. Emergency
orders may immediately impose ``restrictions and prohibitions . . .
that may be necessary to abate the situation.'' Id.

COVID-19 Pandemic

    Due to the ongoing COVID-19 pandemic, and to reduce the spread of
COVID-19, President Biden issued Executive Order 13998, Promoting
COVID-19 Safety in Domestic and International Travel, on January 21,
2021, requiring masks to be worn in airports, on commercial aircraft,
and in various modes of surface transportation,

including rail. To implement Executive Order 13998, to require
compliance with the public health standards set forth in the CDC
Order,\5\ and due to the immediate need to ensure masks are worn
appropriately in the railroad industry to prevent the spread of COVID-
19, FRA has determined that an emergency situation involving a hazard
of death and personal injury exists, and is issuing this E.O. pursuant
to the authority of 49 U.S.C. 20101, 20104. FRA is authorized to
promote safety in every area of railroad operations. 49 U.S.C. 20101,
20103.\6\ The failure to wear masks as required by the CDC Order during
railroad operations could impact railroad employees' safety with
respect to the risks of COVID-19. Consistent with these mandates and
FRA's authority, and after consultation with CDC and TSA, FRA is
issuing this E.O. to require freight and passenger railroad carriers to
comply with the mask \7\ requirements of the CDC Order \8\ during
railroad operations subject to FRA's railroad safety jurisdiction,
except to the extent portions of the passenger railroad carrier's
operations are already covered by the TSA SD. For example, this E.O.
applies to all persons in or on a freight train, locomotive, high-rail
vehicle, crew transportation vehicle, or in a railroad transportation
facility, terminal, yard, storage facility, yard office, crew room,
maintenance shop, and other areas regularly occupied by railroad
personnel. While the CDC Order applies to all persons awaiting,
boarding, or alighting a conveyance and while in a transportation
hub,\9\ this E.O. does not apply to passengers or persons (including
railroad carrier personnel) in or on a passenger train or in public
areas of passenger railroad transportation hubs or facilities. The mask
requirements in TSA SD 1582/84-21-01, Security Measures--Face Mask
Requirements, apply to passengers and such persons.
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    \5\ See order under section 361 of the Public Health Service Act
(42 U.S.C. 264) and 42 CFR 70.2, 71.31(b), 71.32(b); Requirement for
Persons to Wear Masks While on Conveyances and at Transportation
Hubs (January 29, 2021). 86 FR 8025 (Feb. 3, 2021).
    \6\ FRA's exercise of its authority is consistent with prior,
targeted regulatory action taken under 49 U.S.C. ch. 201 to protect
employee exposure to health risks in the workplace. See, e.g., rules
on occupational noise exposure (49 CFR part 227), camp cars as
sleeping quarters (49 CFR part 228), locomotive cab sanitation and
cab temperature (e.g., 49 CFR part 229).
    \7\ Mask means a material covering the nose and mouth of the
wearer, excluding face shields. The CDC has stated that a properly
worn mask completely covers the nose and mouth of the wearer. A mask
should be secured to the head, including with ties or ear loops. A
mask should fit snugly but comfortably against the side of the face.
Masks do not include face shields. Masks can be either manufactured
or homemade and should be a solid piece of material without slits,
exhalation valves, or punctures. Medical masks and N-95 respirators
fulfill the requirements of this E.O. CDC guidance for attributes of
acceptable masks in the context of this E.O. is available at https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html.
    \8\ The CDC Order states, ``While this [CDC] Order may be
enforced and CDC reserves the right to enforce through criminal
penalties, CDC does not intend to rely primarily on these criminal
penalties but instead strongly encourages and anticipates widespread
voluntary compliance as well as support from other federal agencies
in implementing additional civil measures enforcing the provisions
of this Order, to the extent permitted by law and consistent with
President Biden's Executive Order of January 21, 2021 (Promoting
COVID-19 Safety in Domestic and International Travel).'' 86 FR 8030.
    \9\ 86 FR 8025 (Feb. 3, 2021) (requiring face masks to be worn
by all travelers while on public transportation). Your Guide to
Masks, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html (``CDC recommends that people wear
masks in public settings, at events and gatherings, and anywhere
they will be around other people. Effective February 2, 2021, masks
are required on planes, buses, trains, and other forms of public
transportation traveling into, within, or out of the United States
and in U.S. transportation hubs such as airports and stations.'');
Requirement for Face Masks on Public Transportation Conveyances and
at Transportation Hubs, https://www.cdc.gov/coronavirus/2019-ncov/travelers/face-masks-public-transportation.html (``CDC has issued an
order that requires face masks to be worn by all travelers while on
public transportation (which includes all passengers and all
personnel operating conveyances). People must wear masks that
completely cover both the mouth and nose while awaiting, boarding,
disembarking, or traveling on airplanes, ships, ferries, trains,
subways, buses, taxis, and ride-shares as they are traveling into,
within, or out of the United States and U.S. territories. People
must also wear masks while at transportation hubs (e.g., airports,
bus or ferry terminals, train and subway stations, seaports) and
other locations where people board public transportation in the
United States and U.S. territories.'').
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    There is currently a pandemic of respiratory disease, COVID-19,
caused by a novel coronavirus (SARS-CoV-2). As of February 16, 2021,
there have been over 108,000,000 confirmed cases of COVID-19 globally,
resulting in nearly 2,400,000 deaths.\10\ As of February 14, 2021,
there have been over 27,000,000 cases identified in the United States,
and over 482,000 deaths due to the disease.\11\
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    \10\ See https://covid19.who.int.
    \11\ See https://covid.cdc.gov/covid-data-tracker/#datatracker-home.
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    According to the CDC, multiple new SARS-CoV-2 variants have emerged
in recent weeks, including at least one with evidence of increased
transmissibility.\12\ These variants seem to spread more easily and
quickly than other variants, which may lead to more cases of COVID-
19.\13\ An increase in the number of cases will put more strain on
health care resources, lead to more hospitalizations, and potentially
lead to more deaths.\14\ While the CDC is closely monitoring these new
variants to learn more about them, rigorous and increased compliance
with public health mitigation strategies, such as the use of masks, is
essential to limit the spread of the virus including any new
variants.\15\ Additionally, controlling the spread of the virus by
implementing public health measures such as mask wearing will help
prevent new mutations, as viruses will not mutate well if they do not
have the opportunity to replicate freely.\16\ In short, given these
developments, it is more critical than ever that persons wear masks
whenever possible to help prevent the spread of the virus that causes
COVID-19 and the further emergence of new variants. The CDC has also
recently published research documenting a decline in COVID-19
hospitalization growth rates associated with statewide mask
mandates.\17\ For a detailed discussion on how appropriate mask wearing
helps reduce COVID-19 transmission, FRA refers readers to the CDC
Order.\18\
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    \12\ See https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/scientific-brief-emerging-variants.html; https://www.cdc.gov/coronavirus/2019-ncov/transmission/variant.html.
    \13\ Id.
    \14\ Id.
    \15\ https://www.cdc.gov/coronavirus/2019-ncov/transmission/variant.html.
    \16\ https://www.whitehouse.gov/briefing-room/press-briefings/2021/02/03/press-briefing-white-house-covid-19-response-team-and-public-health-officials/.
    \17\ Joo H, Miller GF, Sunshine G, et al. Decline in COVID-19
Hospitalization Growth Rates Associated with Statewide Mask
Mandates--10 States, March-October 2020, MMWR Morb Mortal Wkly Rep.
ePub: 5 Feb. 2021. DOI: https://www.cdc.gov/mmwr/volumes/70/wr/mm7006e2.htm.
    \18\ 86 FR 8025-8030.
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Lack of Uniformity in Mask Wearing in Railroad Operations

    As of February 1, 2021, field observations \19\ from FRA's railroad
safety inspectors regarding mask use on railroad property indicate that
the critical practice of wearing a face mask is not consistent or
uniform among railroad personnel. While some railroad carriers require
their personnel to wear masks when working in an occupied locomotive
cab and in rail facilities and shops, FRA has found this is not a
universal requirement. FRA has observed railroad personnel often not
wearing a face mask on railroad property, both in situations where
social distancing is possible, and situations involving close proximity
to others. FRA inspectors have also observed railroad personnel who did
not put on a face mask when approached by the

inspectors to discuss matters of railroad safety.
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    \19\ These FRA field observations constitute ``inspection'' and
``investigation'' under 49 U.S.C. 20104(a)(1).
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Necessity of Issuing This E.O.

    Taking into consideration the unique and exigent circumstances
presented by the COVID-19 pandemic (particularly the recent emergence
of variants with increased transmissibility), as well as the
inconsistent use of masks observed by FRA inspectors through FRA
inspection and investigation during railroad operations, FRA has
determined that the COVID-19 pandemic has created an unsafe condition
or practice involving a hazard of death or personal injury--not only to
railroad personnel, but also to FRA and participating State \20\ rail
safety inspectors who interact with railroad personnel during the
performance of their essential railroad safety duties. This E.O. is
necessary to abate this emergency situation, by FRA requiring face mask
use in accordance with the CDC Order, to ensure a minimum level of
nationwide compliance,\21\ together with the TSA SD. Railroad carriers
\22\ and their personnel must comply with the mask-wearing requirements
set forth in the CDC Order while engaged in railroad operations,\23\
including whenever they are in a transportation hub/facility \24\ under
the railroad carrier's control (regardless of duty status).
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    \20\ 49 U.S.C. 20105.
    \21\ 49 U.S.C. 20106(a)(1).
    \22\ Railroad means any form of nonhighway ground transportation
that runs on rails or electro-magnetic guideways, including (i)
commuter or other short-haul passenger service in a metropolitan or
suburban area and commuter service that was operated by the
Consolidated Rail Corporation on January 1, 1979; and (ii) high
speed ground transportation systems that connect metropolitan areas,
without regard to whether those systems use new technologies not
associated with traditional railroads; but does not include rapid
transit operations in an urban area that are not connected to the
general railroad system of transportation. Railroad carrier means a
person providing railroad transportation. General railroad system of
transportation has the same meaning as under 49 CFR part 209,
appendix A--Statement of Agency Policy Concerning Enforcement of the
Federal Railroad Safety Laws.
    \23\ Railroad operation means any activity which affects the
movement of a train, locomotive, or other on-track equipment, singly
or in combination with other equipment, on the track of a railroad.
    \24\ Transportation hub/facility means any airport, bus
terminal, marina, seaport or other port, subway stations, terminal
(including any fixed facility at which passengers are picked-up or
discharged), train station, U.S. point of entry, or any other
location that provides transportation subject to the jurisdiction of
the United States. The meaning of the term ``transportation hub,''
as applied to railroad facilities, includes railroad terminals,
yards, storage facilities, yard offices, crew rooms, maintenance
shops, and other areas regularly occupied by railroad personnel. The
CDC Order broadly requires persons to wear masks in such settings
and applies in both passenger and freight rail facilities. See CDC
FAQs explaining that employees at transportation hubs must wear a
mask while on the premises of a transportation hub unless they are
the only person in the work area, such as in private offices,
private hangars at airports, or in railroad yards (available at:
https://www.cdc.gov/coronavirus/2019-ncov/travelers/face-masks-public-transportation.html).
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    America's railroad transportation system is essential--not only for
public health, but also for America's economy and other bedrocks of
American life. Railroads carry life-saving medical supplies and medical
providers into and across the nation to our hospitals, nursing homes,
and physicians' offices. Trains bring food and other essentials to our
communities and bring America's workforce to their jobs. Requiring mask
use on our railroads will protect railroad employees and contractors,
as well as FRA and participating State rail safety inspectors who
enforce Federal railroad safety laws. Requiring mask use will also help
control the spread of the virus causing the COVID-19 pandemic, slow the
rate of international spread from trains moving across U.S. borders,
prevent the emergence of new variants, and more quickly re-open
America's economy.
    For reasons described in the CDC Order, this E.O. applies to
railroad personnel who have received a COVID-19 vaccine and/or who have
recovered from COVID-19.\25\
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    \25\ 86 FR 8029.
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Finding and Order

    Based on the foregoing, FRA has determined that the spread of the
virus that causes COVID-19 creates an emergency situation involving a
hazard of death or personal injury. Accordingly, under the authority of
49 U.S.C. 20104, delegated to the Administrator of FRA by the Secretary
of Transportation, 49 CFR 1.89, it is hereby ordered that freight
railroads, passenger railroads, and any other person whose actions are
necessary to effectuate the directives in this E.O., take the following
actions, as required:
    I. Railroad carriers. (A) Railroad carriers must require their
personnel to wear a mask in compliance with the CDC Order while engaged
in railroad operations, including whenever in a transportation hub/
facility under the railroad carrier's control (regardless of duty
status), except as described in Section III (Exceptions and
exemptions), below. For the purpose of this E.O., the term
``personnel'' includes employees, contractors, probationary employees,
and volunteers. Railroad carriers must provide their personnel with
prominent and adequate notice of the mask requirements to facilitate
awareness and compliance.\26\ At a minimum, this notice must inform
railroad carrier personnel of the following:
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    \26\ Notice may include, if feasible, notifications on digital
platforms, such as on apps, websites, or email; posted signage with
illustrations; or other methods as appropriate.
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    1. Federal law requires every individual to wear a mask while
engaged in railroad operations unless otherwise exempted and failure to
comply may result in removal from service.
    2. Refusing to wear a mask is a violation of Federal law and
railroad carrier personnel may be subject to FRA enforcement action
against them individually.
    (B) Railroad carriers must establish written procedures to manage
situations with their personnel who refuse to comply with the
requirement to wear a mask. At a minimum, for any person who is not
exempted from the requirement to wear a mask and who refuses to comply
with an instruction given by the railroad carrier with respect to
wearing a mask, the railroad carrier must:
    1. Remove the person from performing duties in support of railroad
operations; and
    2. Make best efforts to remove the person from the railroad
transportation hub/facility as soon as practicable.
    II. Railroad carrier personnel. Railroad carrier personnel must
comply with the mask wearing requirements of the CDC Order while
engaged in railroad operations, including whenever in a transportation
hub/facility under the railroad carrier's control (regardless of duty
status), except as described in Section III.D., below. For the purpose
of this E.O., the term ``personnel'' includes employees, contractors,
probationary employees, and volunteers.
    III. Exceptions and exemptions. (A) While the CDC Order applies to
all persons awaiting, boarding, or alighting a conveyance and while in
a transportation hub, this E.O. does not apply to passengers or persons
(including railroad carrier personnel) in or on a passenger train or in
public areas of passenger railroad transportation hubs or facilities.
Note: The mask requirements in TSA SD 1582/84-21-01, Security
Measures--Face Mask Requirements, apply to passengers and such persons.
    (B) The requirement to wear a mask does not apply under the
following circumstances:
    1. When necessary to temporarily remove the mask for identity
verification purposes.
    2. For brief periods, while eating, drinking, or taking oral

medications.\27\ Note: Prolonged periods of mask removal are not
permitted for eating or drinking; the mask must be worn between bites
and sips.
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    \27\ The CDC has stated that brief periods of close contact
without a mask should not exceed 15 minutes. https://www.cdc.gov/coronavirus/2019-ncov/php/public-health-recommendations.html.
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    3. While communicating with a person who is deaf or hard of
hearing, when the ability to see the mouth is essential for
communication.
    4. If unconscious (for reasons other than sleeping), incapacitated,
unable to be awakened, or otherwise unable to remove the mask without
assistance.\28\
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    \28\ Persons who are experiencing difficulty breathing or
shortness of breath or are feeling winded may remove the mask
temporarily until able to resume normal breathing with the mask.
Persons who are vomiting should remove the mask until vomiting
ceases. Persons with acute illness may remove the mask if it
interferes with necessary medical care such as supplemental oxygen
administered via an oxygen mask. 86 FR 8027, FN 7.
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    5. When necessary to temporarily remove the mask to provide a
breath or saliva specimen for required alcohol testing under U.S.
Department of Transportation drug and alcohol testing regulations or an
employer-mandated substance abuse testing program.
    (C) The following persons are exempted from wearing masks:
    1. Persons in private conveyances operated solely for personal,
non-commercial use.
    2. A driver, when operating a commercial motor vehicle, such as a
crew transportation van, limo, or taxi, as this term is defined in 49
CFR 390.5, if the driver is the sole occupant of the vehicle.
    3. A person who is the sole occupant of an enclosed cab of a
locomotive, hi-rail vehicle, roadway maintenance machine, or any other
on-track equipment that has an enclosed cab.
    (D) This E.O. exempts the following categories of persons from
wearing masks: \29\
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    \29\ Railroad carriers may impose requirements on employees
requesting an exemption from the requirement to wear a mask,
including medical consultation by a third party, medical
documentation by a licensed medical provider, and/or other
information as determined by the railroad carrier, as well as
require evidence that the person does not have COVID-19, such as a
negative result from a SARS-CoV-2 viral test or documentation of
recovery from COVID-19. CDC definitions for SARS-CoV-2 viral test
and documentation of recovery are available in Frequently Asked
Questions at: https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-international-air-travelers.html. Railroad carriers may also
impose additional protective measures that improve the ability of an
employee eligible for exemption to maintain social distance
(separation from others by 6 feet). Railroad carriers may further
require that employees seeking exemption from the requirement to
wear a mask request an exemption in advance.
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    1. People with disabilities who cannot wear a mask, or cannot
safely wear a mask, because of the disability as defined by the
Americans with Disabilities Act (42 U.S.C. 12101 et seq.).\30\
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    \30\ This is a narrow exception that includes a person with a
disability who cannot wear a mask for reasons related to the
disability. CDC states it will issue additional guidance regarding
persons who cannot wear a mask under this exemption. https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html. 86 FR at
8027-28.
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    2. People for whom wearing a mask would create a risk to workplace
health, safety, or job duty as determined by the relevant workplace
safety guidelines or Federal regulations.\31\
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    \31\ For example, a maintenance shop employee performing welding
operations may be exempt from this E.O., due to potential mask
flammability concerns.
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Preemption

    The requirements in this E.O. do not preempt any State, local,
Tribal, or territorial rule, regulation, order, or standard necessary
to eliminate or reduce a local safety hazard, which includes public
health measures that are the same or more protective of public health
than those required in this E.O., if that provision is not incompatible
with this E.O.

Relief

    Any railroad carrier affected by this E.O. may petition for special
approval to take actions not in accordance with this E.O. Petitions
must be submitted to the Associate Administrator for Railroad Safety,
who is authorized to act on those requests without amending this E.O.
In reviewing any petition for special approval, the Associate
Administrator will grant petitions only if the petitioner has clearly
articulated an alternative action that will provide, in the Associate
Administrator's judgment, at least a level of safety equivalent to that
provided by compliance with this E.O.

Civil Penalties

    Any violation of this E.O. may subject the person (a railroad
carrier) committing the violation to a civil penalty of up to $118,826
for each day the violation continues. 49 U.S.C. 21301 and 86 FR 1751
(Jan. 11, 2021). Any individual (railroad personnel) who willfully
violates a provision stated in this order is subject to civil penalties
under 49 U.S.C. 21301. In addition, any individual (railroad personnel)
whose violation of this order demonstrates the individual's unfitness
for safety-sensitive service may be removed from safety-sensitive
service on the railroad under 49 U.S.C. 20111. FRA may, through the
Attorney General, also seek injunctive relief to enforce this Order. 49
U.S.C. 20112.

Effective Date and Notice to Affected Persons

    This E.O. is effective upon issuance and railroad carriers subject
to this E.O. must immediately initiate steps to implement this E.O.
This E.O. remains in effect until the CDC Order is modified or
rescinded based on specific public health or other considerations,
until the U.S. Secretary of Health and Human Services rescinds the
determination under section 319 of the Public Health Service Act (42
U.S.C. 247d) that a public health emergency exists, or until rescinded
by FRA, unless FRA extends its terms by subsequent notice published in
the Federal Register.

Review

    Opportunity for formal review of this E.O. will be provided under
49 U.S.C. 20104(b) and 5 U.S.C. 554. Administrative procedures
governing such review are at 49 CFR part 211.

    Issued in Washington, DC, on February 24, 2021.
Amitabha Bose,
Acting Administrator, Federal Railroad Administration.
[FR Doc. 2021-04233 Filed 2-25-21; 4:15 pm]
BILLING CODE 4910-06-P


[Federal Register: June 9, 2010 (Volume 75, Number 110)]
[Notices]
[Page 32766-32767]
[DOCID:fr09jn10-50]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0452; FRL-8828-1]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant, Ticks or Mosquitoes,
LLC., to voluntarily cancel the pesticide registration for the product,
Biter Fighter.

DATES: Unless a request is withdrawn by December 6, 2010 or July 9,
2010 for registrations for which the registrant requested a waiver of
the 180-day comment period, orders will be issued canceling this
registration. The Agency will consider withdrawal requests postmarked
no later than December 6, 2010 or July 9, 2010, whichever is
applicable. Comments must be received on or July 9, 2010, for this
registration where the 180-day comment period has been waived.

ADDRESSES: Submit your comments and your withdrawal request, identified
by docket identification (ID) number EPA-HQ-OPP-2010-0452, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001. In ITRMD documents only, insert:
Written Withdrawal Request, Attention: John Jamula, Information
Technology and Resources Management Division (7502P).
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
     Instructions: Direct your comments to docket ID number
EPA-HQ-OPP-2010-0452. EPA's policy is that all comments received will
be included in the docket without change and may be made available on-
line at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
     Docket: All documents in the docket are listed in the
docket index available at http://www.regulations.gov. Although listed
in the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Leonard Cole, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.

    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of an application from
Ticks or Mosquitoes, LLC., the registrant, to cancel the pesticide
product listed in Table 1 below.

     Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
        Registration No.             Product Name        Chemical Name
------------------------------------------------------------------------
75771-1                           Biter Fighter       Calcium Lactate
                                                       and Urea
------------------------------------------------------------------------

    Unless the request is withdrawn by the registrant within 180 days
of publication of this notice, orders will be issued canceling this
product registration. Users of this product or anyone else desiring the
retention of this registration should contact the registrant directly
during this 180-day period.
    Table 2 includes the name and address of record for the registrant
of the product in Table 1, by EPA company number:

         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
75771                                       Ticks or Mosquitoes, LLC
                                            905 S. Kingshighway
                                            Sikeston, MO 63801
------------------------------------------------------------------------

III. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, the Administrator may approve such a request.

IV. Procedures for Withdrawal of Request

    If the registrant chooses to withdraw the request for cancellation
such withdrawal must be submitted in writing to the person listed under
FOR FURTHER INFORMATION CONTACT, postmarked before December 6, 2010.
This written withdrawal of the request for cancellation will apply only
to the applicable FIFRA section 6(f)(1) request listed in this notice.
If the product has been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling. The withdrawal request must also
include a commitment to pay any reregistration fees due, and to fulfill
any applicable unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. EPA's existing stocks policy (56 FR 29362)
provides that: ``If a registrant requests to voluntarily cancel a
registration where the Agency has identified no particular risk
concerns, the registrant has complied with all applicable conditions of
reregistration, conditional registration, and Data Call-Ins, and the
registration is not subject to a Registration Standard, Label
Improvement Program, or reregistration decision, the Agency will
generally permit a registrant to sell or distribute existing stocks for
1 year after the cancellation request was received. Persons other than
registrant will generally be allowed to sell, distribute, or use
existing stocks until such stocks are exhausted.''
    Upon cancellation of the pesticide identified in Table 1, EPA
anticipates allowing sale, distribution and use as described in this
unit. Exception to this general policy will be made in specific cases
when more stringent restrictions on sale, distribution, or use of the
product or its ingredients have already been imposed, as in a special
review action, or where the Agency has identified significant potential
risk concerns associated with a particular chemical.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 25, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2010-13867 Filed 6-8-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Proposed Rules]
[Pages 71532-71534]
[FR Doc No: 2013-28604]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24777; Directorate Identifier 2006-NE-19-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede airworthiness directive (AD) 2007-03-
02 for all Rolls-Royce Deutschland (RRD) Tay 620-15, Tay 650-15, and
Tay 651-54 turbofan engines. AD 2007-03-02 requires an ultrasonic
inspection (UI) of low-pressure (LP) compressor fan blades for cracks
on certain serial number (S/N) Tay 650-15 engines. AD 2007-03-02 also
requires, for all Tay 611-8, 620-15, Tay 650-15, and Tay 651-54
engines, initial and repetitive UIs of LP compressor fan blades. AD
2007-03-02 also requires, for Tay 650-15 and Tay 651-54 engines, UIs of
LP compressor fan blades whenever the blade set is removed from one
engine and installed on a different engine. Since we issued AD 2007-03-
02, we received a report of an additional engine failure due to
multiple fan blade separation. This proposed AD would require
additional inspections for the affected engines and removal of the Tay
611-8 engine from the applicability of this AD. We are proposing this
AD to prevent failure of the LP compressor fan blade, engine failure,
and damage to the airplane.

DATES: We must receive comments on this proposed AD by January 28,
2014.

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: 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 AD, contact Rolls-Royce
Deutschland Ltd & Co KG, Eschenweg 11, D-15827 Blankenfelde-Mahlow,
Germany; phone: 49 0 33 7086 1200; fax: 49 0 33 7086 1212. You may view
this service information at the FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 mandatory
continuing airworthiness information, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2006-
24777; Directorate Identifier 2006-NE-19-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 because of 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

    On January 22, 2007, we issued AD 2007-03-02, Amendment 39-14913
(72 FR 3936, January 29, 2007) (``AD 2007-03-02'') for certain RRD Tay
611-8 and Tay 620-15 turbofan engines with LP compressor module, part
number (P/N) M01100AA or P/N M01100AB, installed, and Tay 650-15 and
Tay 651-54 turbofan engines with LP compressor module, P/N M01300AA or
P/N M01300AB, installed. AD 2007-03-02 requires UI of LP compressor fan
blades for cracks on certain S/N Tay 650-15 engines. AD 2007-03-02 also
requires, for all Tay 611-8, 620-15, 620-15/20, Tay 650-15, Tay 650-15/
20, and Tay 651-54 engines, initial and repetitive UIs of LP compressor
fan blades. AD 2007-03-02 also requires, for Tay 650-15 and Tay 651-54
engines, UIs of LP compressor fan blades whenever the blade set is
removed from one engine and installed on a different engine. AD 2007-
03-02 resulted from a report that a set of LP compressor fan blades
failed before reaching the LP compressor fan blade full published life
limit. We issued AD 2007-03-02 to prevent LP compressor fan blades from
failing due to blade root cracks, leading to uncontained engine failure
and damage to the airplane.

Actions Since AD 2007-03-02 Was Issued

    Since we issued AD 2007-03-02, we received reports of additional
engine failures. Also since we issued AD 2007-03-02, the European
Aviation Safety Agency issued AD 2013-151R2, dated September 2, 2013,
which requires UI, and replacement if found cracked, of affected LP
compressor fan blades. Also since we issued AD 2007-03-02, RRD issued
ANMSB TAY-72-A1442, Revision 5, dated May 31, 2013 which removed the
Tay 611-8 engine from the list of applicable engines.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD requires a UI of LP compressor fan blades for
cracks for all 620-15, Tay 650-15, and Tay 651-54 engines. This
proposed AD would also require accomplishing the actions specified in
the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect about 52 engines
installed on airplanes of U.S. registry. We also estimate that it would
take about 4 hours per engine to remove and inspect an LP compressor
blade set. The average labor rate is $85 per hour. Prorated parts life
will cost about $11,750 per engine. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $628,680.

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 have 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 that the 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 to the extent
that it justifies making a regulatory distinction, 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 removing airworthiness directive (AD)
2007-03-02, Amendment 39-14913 (72 FR 3936, January 29, 2007), and
adding the following new AD:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2006-24777;
Directorate Identifier 2006-NE-19-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by January 28,
2014.

(b) Affected ADs

    This AD supersedes AD 2007-03-02, Amendment 39-14913 (72 FR
3936, January 29, 2007).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay
620-15 turbofan engines with low-pressure (LP) compressor module,
part number (P/N) M01100AA or P/N M01100AB, installed, and Tay 650-
15 and Tay 651-54 turbofan engines with LP compressor module, P/N
M01300AA or P/N M01300AB, installed.

(d) Unsafe Condition

    This AD was prompted by a report of an additional engine
failure. We are issuing this AD to prevent failure of the LP
compressor fan blade, engine failure, and damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Tay 650-15 and Tay 651-54 engine LP Compressor Fan Blade
Ultrasonic Inspection (UI):
    (i) After the effective date of this AD, whenever LP compressor
fan blades are removed from an engine, before re-installation on a
different engine, inspect the LP compressor fan blades and
accomplish a UI of the LP compressor fan blades in accordance with
Instruction I of paragraph 3 of RRD Alert Non-Modification Service
Bulletin (NMSB) TAY-72-A1442, Revision 6, dated August 26, 2013.
    (ii) After the effective date of this AD, during each engine
shop visit, before return to service of the engine, inspect the LP
compressor fan blades and accomplish a UI of the LP compressor fan
blades in accordance with Instruction II of paragraph 3 of RRD Alert
NMSB TAY-72-A1442, Revision 6, dated August 26, 2013.
    (2) For Tay 620-15 engine LP Compressor Fan Blade UI, after the
effective date of this AD, before return to service of an engine
after every mid-life, or every calendar life, or every overhaul shop
visit, inspect the LP compressor fan blades and accomplish a UI of
the LP compressor fan blades in accordance with Instruction II of
paragraph 3 of RRD Alert NMSB TAY-72-A1442, Revision 6, dated August
26, 2013.
    (3) For Tay 620-15, Tay 650-15, and Tay 651-54 engine LP
Compressor Fan Blade and Rotor Disk Replacement, if during any
inspection required by paragraph (e)(1) or (e)(2) of this AD, any LP
compressor fan blade is found cracked, before next flight or return
to service of the engine, replace the complete set of the LP
compressor fan blades and the LP compressor rotor disk.

(f) Credit for Previous Actions

    If, before the effective date of this AD, you inspected or
replaced any Tay 620-15, Tay 650-15, or Tay 651-54 turbofan engine
LP compressor fan blades or rotor disk assembly using RRD Alert NMSB
TAY-72-A1442, Revision 5, or earlier, you have satisfied the
requirements of paragraphs (e)(1) through (e)(3) of this AD.

(g) Definitions

    For the purposes of this AD for Tay 620-15 engines:
    (1) A mid-life shop visit is an engine shop visit accomplished
before accumulating 12,000 engine flight cycles since new (FCSN) or
flight cycles (FC) since last engine mid-life shop visit;
    (2) A calendar-life shop visit is an engine shop visit
accomplished within 10 years since new or since the last engine
calendar-life shop visit;
    (3) An overhaul shop visit is an engine shop visit accomplished
before accumulating 22,000 engine FCSN or FC since the last engine
overhaul shop visit.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(i) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency, AD 2013-
151R2, dated September 2, 2013, for more information. You may
examine the AD on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2006-24777-0012.
    (3) Rolls-Royce Deutschland Ltd & Co KG Alert Non-Modification
Service Bulletin No. TAY-72-A1442, Revision 6, dated August 26,
2013, pertains to the subject of this AD and can be obtained from
RRD, using the contact information in paragraph (i)(4) of this AD.
    (4) Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, D-15827
Blankenfelde-Mahlow, Germany; phone: 49 0 33 7086 1200; fax: 49 0 33
7086 1212.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on November 19, 2013.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-28604 Filed 11-27-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67213-67215]
[FR Doc No: 2013-26809]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Porsche Cars North America, Inc.

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

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Porsche Cars North America,
Inc. (Porsche) petition for exemption of the Macan vehicle line in
accordance with 49 CFR part 543, Exemption From Vehicle Theft
Prevention Standard. This petition is granted because the agency has
determined that the antitheft device to be placed on the line as
standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the 49 CFR part 541, Federal Motor Vehicle Theft
Prevention Standard.

DATES: The exemption granted by this notice is effective beginning with
the 2014 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a petition dated July 25, 2013, Porsche
requested an exemption from the parts-marking requirements of 49 CFR
part 541, Federal Motor Vehicle Theft Prevention Standard for the Macan
vehicle line beginning with MY 2014. The petition requested exemption
from parts-marking pursuant to 49 CFR part 543, Exemption From Vehicle
Theft Prevention Standard, based on the installation of an antitheft
device as standard equipment for an entire vehicle line.
    Under Sec.  543.5(a), a manufacturer may petition NHTSA to grant an
exemption for one vehicle line per model year. In its petition, Porsche
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for its new
Porsche Macan vehicle line. Porsche stated that all Porsche Macan
vehicles will be equipped with a passive antitheft device as standard
equipment beginning with MY 2014. Key components of the antitheft
device will include a microprocessor-based immobilizer system,
electronic ignition switch, transponder key, remote control unit,
alarm/central locking control unit, optional keyless entry system and
electronic parking brake. The device will also be equipped with an
audible and visible alarm. Additionally, Porsche stated that the
central locking system works in conjunction with the audible and
visible alarm. Locking the doors with the ignition key, the remote
control or a door switch (with the keyless entry

option) will activate the audible and visible alarm. An ultrasonic
sensor in the alarm system will monitor the doors, rear luggage
compartment, front deck lid, fuel filler door, and interior movement.
The horn will sound and the lights will flash if there is any detection
of unauthorized use. Porsche's submission is considered a complete
petition as required by 49 CFR 543.7 in that it meets the general
requirements contained in 543.5 and the specific content requirements
of 543.6.
    Porsche stated that the immobilizer system cannot be disabled
unless an original key or optional keyless entry key sends the proper
code to the immobilizer system instructing the engine management system
via a code to begin functioning again. The immobilizer is automatically
activated when the key is removed from the ignition switch assembly,
or, with the optional keyless entry, the immobilizer is automatically
activated after the engine is turned off from the dashboard control
switch. The immobilizer then returns to its normal ``off'' state, where
engine starting and transmission starting are not allowed. Starting the
engine and operation of the vehicle will be allowed only when the
correct code is sent to the control unit by using the correct key in
the ignition switch, or by having the correct keyless entry key within
the occupant compartment of the car. The ignition key contains a radio
signal transponder, which signals the control unit to allow the engine
to be started. With the keyless entry system, operation of the vehicle
is allowed when the ignition key is substituted with the special key
that contains a radio signal transmitter similar to the transponder in
the standard ignition key.
    Porsche stated that its central locking system works in conjunction
with its audible and visible alarm. Locking the doors with the ignition
key, the remote control or a door switch (with the keyless entry
option) will also activate the audible and visible alarm. Porsche also
stated that the immobilizer cannot be disabled by manipulation of the
door locks or central-locking system because the locks/locking system
are incapable of sending the code needed to disable the device.
    As an additional feature, Porsche stated that it will also
incorporate an electronically activated parking brake on the Macan
vehicle which is electronically activated and integrated into the
vehicle's antitheft device. Porsche stated that if the control unit
does not receive the correct code from the ignition key or keyless
entry key, the parking brake will remain activated and the vehicle
cannot be towed away.
    Since the Porsche Macan is a new vehicle line, there is currently
no available theft rate data published by the agency for the vehicle
line. However, Porsche provided data on the effectiveness of other
similar antitheft devices that have been installed on its 911 and
Boxster/Cayman vehicle lines in support of its belief that its proposed
device will be at least as effective as those comparable devices
previously granted exemptions by the agency. Porsche's data showed that
the theft rate for the 911 and Boxster/Cayman vehicle lines remained
consistently low over a three-year period. Using an average of 3 MYs'
theft data (2008-2010), the theft rates for the Porsche 911 and
Boxster/Cayman vehicle lines are 0.4771 and 0.2283 respectively.
Porsche also stated that the off-board antitheft concept introduced on
its MY 2010 Panamera vehicle line will continue to be utilized on its
Macan vehicles. Therefore, Porsche believes that the demand for Porsche
vehicle components will be further reduced. The theft rate for the MY
2010 Panamera vehicle line is 1.2656. Based on the experience of these
vehicle lines, Porsche has concluded that the antitheft device proposed
for its Porsche Macan vehicle line is no less effective than those
devices in lines for which NHTSA has already granted full exemption
from the parts-marking requirements. The agency agrees that the device
is substantially similar to devices in these and other vehicle lines
for which the agency has already granted exemptions.
    In addressing the specific content requirements of 543.6, Porsche
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device, Porsche
conducted tests based on its own specified standards. Porsche provided
a detailed list of the tests conducted (i.e., extreme temperature
tests, voltage spike tests, reverse polarity tests, electromagnetic
interference tests, vibration test and endurance tests) and believes
that the device is reliable and durable since the device complied with
its specific requirements for each test. Additionally, Porsche stated
that the antitheft device also features a built-in self-diagnostic that
constantly checks for system failures. If a failure is detected, an
alarm indicator will signal the driver.
    Porsche further states that disablement of the immobilizer is
virtually impossible. Disconnecting power to the antitheft device does
not affect the operation of the device. Once the antitheft device is
activated, the device stays activated until the correct key or optional
keyless entry key is used to instruct the engine management system
through the proper code to begin functioning again.
    In further support of the reliability of its antitheft device,
Porsche informed the agency that it will continue to use the ``off-
board'' antitheft strategy that reduces the marketability of stolen
electronic components and making the theft of vehicles unattractive.
Specifically, Porsche stated that during the production of its vehicle,
the initialization and registration of various antitheft electronic
components are recorded in a central database. If the components have
to be repaired or replaced, authorized access to the database must be
obtained to receive authorization for the components. If authorized
access to the central database is unavailable or the database indicates
that the components are not authorized, further operation and use of
the vehicle will be restricted or impossible to obtain.
    Based on the evidence submitted by Porsche, the agency believes
that the antitheft device for the Macan vehicle line is likely to be as
effective in reducing and deterring motor vehicle theft as compliance
with the parts-marking requirements of the Federal Motor Vehicle Theft
Prevention Standard.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants
a petition for exemption from the parts-marking requirements of Part
541, either in whole or in part, if it determines that, based upon
substantial evidence, the standard equipment antitheft device is likely
to be as effective in reducing and deterring motor vehicle theft as
compliance with the parts-marking requirements of Part 541. The agency
finds that Porsche has provided adequate reasons for its belief that
the antitheft device for the Porsche Macan vehicle line is likely to be
as effective in reducing and deterring motor vehicle theft as
compliance with the parts-marking requirements of the Federal Motor
Vehicle Theft Prevention Standard. This conclusion is based on the
information Porsche provided about its device.
    The agency concludes that the device will provide the five types of
performance listed in Sec.  543.6(a)(3): Promoting activation;
attracting attention to the efforts of unauthorized persons to enter or
operate a vehicle by means other than a key; preventing defeat or
circumvention of the device by unauthorized persons; preventing
operation of the vehicle by unauthorized entrants; and ensuring the
reliability and durability of the device.

    For the foregoing reasons, the agency hereby grants in full
Porsche's petition for exemption for the Porsche Macan vehicle line
from the parts-marking requirements of Part 541. The agency notes that
49 CFR Part 541, Appendix A-1, identifies those lines that are exempted
from the Federal Motor Vehicle Theft Prevention Standard for a given
model year. 49 CFR Part 543.7(f) contains publication requirements
incident to the disposition of all Part 543 petitions. Advanced
listing, including the release of future product nameplates, the
beginning model year for which the petition is granted and a general
description of the antitheft device is necessary in order to notify law
enforcement agencies of new vehicle lines exempted from the parts
marking requirements of the Federal Motor Vehicle Theft Prevention
Standard.
    The agency notes that Porsche was significantly delayed in
submitting its petition for exemption for its MY 2014 Macan vehicle
line. As specified under paragraph (4) of Sec.  543.5(b), a petition
for an exemption must be submitted at least 8 months before the
commencement of production for the first model year in which the
petitioner wishes those lines to be exempted. Porsche is reminded of
its statutory requirement for meeting this timeline when submitting
future petitions for exemptions.
    If Porsche decides not to use the exemption for this line, it must
formally notify the agency. If such a decision is made, the line must
be fully marked according to the requirements under 49 CFR 541.5 and
541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Porsche wishes in the future to modify the
device on which this exemption is based, the company may have to submit
a petition to modify the exemption. Part 543.7(d) states that a Part
543 exemption applies only to vehicles that belong to a line exempted
under this part and equipped with the antitheft device on which the
line's exemption is based. Further, Part 543.9(c)(2) provides for the
submission of petitions ``to modify an exemption to permit the use of
an antitheft device similar to but differing from the one specified in
that exemption.''
    The agency wishes to minimize the administrative burden that Part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend in drafting Part 543 to require the
submission of a modification petition for every change to the
components or design of an antitheft device. The significance of many
such changes could be de minimis. Therefore, NHTSA suggests that if the
manufacturer contemplates making any changes, the effects of which
might be characterized as de minimis, it should consult the agency
before preparing and submitting a petition to modify.

    Authority:  49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.

Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-26809 Filed 11-7-13; 8:45 am]
BILLING CODE 4910-59-P


123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 A B C D E F G H prepared 12/ 23/ 02 by comprehensive. econ. table. ssc dc Provided to Elena Besedin at Abt with this note:

I'm attaching a workbook that reports our regional estimates of foregone commerical and recreational yield for Northern California and Northern Atlantic We will provide a detailed report of our methods in due course. For now, here's a brief synopsis of what you're seeing.

The basic modeling approach for deriving foregone yield from I& E is the same that we've used in previous case studies. We have introduced a few relatively minor changes to the procedure based on public comments and other shortcomings in the procedure that we identified ourselves. The most significant of the changes are a ( 1) a correction of the algorithm that calculates foregone production and ( 2) relaxing the assumption that all impinged individuals were age 1. Now we are assuming that the ages of impinged fish are 1 and greater, and follow 12 3 4 56 7 8 9 10 A B C Definitions of fields presented in sheet " econ. extrap. tidy"

Field Contents sum. com. loss. lb. model. facs Total Annual Foregone Commercial Yield ( lbs) among Model Facilities ( modeled estimate)

regional. com. landings. empirical. lbs Regional Total Annual Commercial Yield ( lbs) as Reported by NMFS ( empirical data)

regional. com. landings. lbs. extrap Estimated Regional Total Annual Foregone Commercial Yield ( lbs)

Extrapolation sum. rec. loss. lb. model. facs Total Annual Foregone Recreational Yield ( lbs) among Model Facilities ( modeled estimate)

regional. rec. landings. empirical. lbs Regional Total Annual Recreational Yield ( lbs) as Reported by NMFS ( empirical data)

regional. rec. landings. lbs. extrap Estimated Regional Total Annual Foregone Recreational Yield ( lbs)

Extrapolation rec. forgone. catch. n Estimated Regional Total Annual Foregone Recreational Catch ( individual fish) Extrapolation 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A B C D E F G H I J K L M region species rec. forgone. c atch. n Group Sum of forgone catch 5 year Average Landing % Losses Species as % group n. atlantic atlantic. cod 2,629.7 Bottomfish 2,629.7 1,495,006 0.1759 16.86%

n. atlantic bluefish 632.4 Bottomfish 632.4 3,027,643 0.0209 34.14%

n. atlantic butterfish 2.4 Bottomfish 2.4 0.00%

n. atlantic cunner 68,525.2 Bottomfish 68,525.2 271,297 25.2584 3.06%

n. atlantic pollock 432.7 Bottomfish 432.7 685,841 0.0631 7.73%

n. atlantic red. hake 6.5 Bottomfish 6.5 4,778 0.05%

n. atlantic scup 826.7 Bottomfish 826.7 3,822,907 0.0216 43.10%

n. atlantic searobin 2,187.5 Bottomfish 2,187.5 463,711 0.4717 5.23%

n. atlantic tautog 16,876.3 Bottomfish 16,876.3 466,185 3.6201 5.26%

n. atlantic white. perch 992.2 Bottomfish 992.2 93,039 1.0664 1.05%

Bottomfish 93,111.4 8,869,064 1.0498 n. atlantic windowpane 0.0 Flatfish 0.0 n. atlantic winter. flounder 315,703.1 Flatfish 315,703.1 410,154 76.9719 Flatfish 315,703.1 2,525,530 12.5005 n. atlantic rainbow. smelt 54.1 Other 54.1 n. atlantic atlantic. herring 27.6 Other 27.6 n. atlantic atlantic. menhaden 40.7 Other 40.7 n. atlantic american. plaice 3.0 Other 3.0 n. atlantic blueback. herring 0.1 Other 0.1 n. atlantic little. skate 0.3 Other 0.3 Other 125.6 1,207,269 0.0104 n. atlantic striped. bass 95.3 Small Game 95.3 8,893,350 0.0011 n. atlantic mackerel. atlantic 524.0 Small Game 524.0 3,646,838 0.0144 n. atlantic weakfish 400.8 Small Game 400.8 6,874 5.8307 Small Game 1,020.1 15,678,352 0.0065 n. atlantic all 409,960.3 No taget 409,960.3 28,280,214 1.4496 use this as quick estimate for non seeking species group Stuart Smith 1/ 2/ 03 Fields: region, species, rec. forgone. catch. n are provided by Stratus.

' Group' grouping the species into four groups: bottomfish, flatfish,

small game, big game.

' Sum of forgone catch' is equal to ' rec. forgone. catch. n' in the case of individual species and equal to the sum of ' rec. forgone. catch. n' for species included in the group in the case of species group.

' 5 year Average Landing' is the calculated historic average landing by species/ species group over the period 1997 2001.

'% losses' is the ' Sum of forgone catch' divided by ' 5 year Average Landing' and multiplied by 100.


[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47802-47803]
[FR Doc No: 2022-16671]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-249, OMB Control No. 3235-0258]

Proposed Collection; Comment Request: Extension: Form F-1

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form F-1 (17 CFR 239.31) is used by certain foreign private issuers
to register securities pursuant to the Securities Act of 1933 (15
U.S.C. 77a et seq.). The information collected is intended to ensure
that the information required to be filed by the Commission permits
verification of compliance with securities law requirements and assures
the public availability of such information. Form F-1 takes
approximately 1,615.57 hours per response and is filed by approximately
66 respondents. We estimate that 25% of the 1,615.57 hours per response
(403.89 hours) is prepared by the registrant for a total annual
reporting burden of 26,657 hours (403.89 hours per response x 66
responses).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by October 3, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief

Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: July 29, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-16671 Filed 8-3-22; 8:45 am]
BILLING CODE 8011-01-P