[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Proposed Rules]
[Pages 48112-48122]
[FR Doc No: 2012-19571]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 190, 192, 193, 195, and 199

[Docket No. PHMSA-2012-0102]
RIN 2137-AE29

Pipeline Safety: Administrative Procedures; Updates and Technical
Corrections

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This Notice of Proposed Rulemaking updates the administrative
civil penalty maximums for violation of the pipeline safety regulations
to conform to current law, updates the informal hearing and
adjudication process for pipeline enforcement matters to conform to
current law, amends other administrative procedures used by PHMSA
personnel, and makes other technical corrections and updates to certain
administrative procedures. The proposed amendments do not impose any
new operating, maintenance, or other substantive requirements on
pipeline owners or operators.

DATES: Persons interested in submitting written comments on the rule
amendments proposed in this document must do so by September 12, 2012.
PHMSA will consider comments filed after this date so far as
practicable.

ADDRESSES: Comments should reference Docket No. PHMSA-2012-0102 and may
be submitted in the following ways:
     Web Site: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency. Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation (DOT) Docket
Operations Facility (M-30), West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
     Hand Delivery: DOT Docket Operations Facility, West
Building, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC,
20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except
Federal holidays
    Instructions: Identify the docket number, PHMSA-2012-0102, at the
beginning of your comments. If you mail your comments, submit two
copies. In order to confirm receipt of your comments, include a self-
addressed, stamped postcard.

    Note:  All comments are posted electronically in their original
form, without changes or edits, including any personal information.

Privacy Act Statement

    Anyone can search the electronic comments associated with any
docket by the name of the individual submitting the comment (or signing
the comment, if submitted on behalf of an association, business, labor
union, etc.). DOT's complete Privacy Act Statement was published in the
Federal Register on April 11, 2000, (65 FR 19477).

FOR FURTHER INFORMATION CONTACT: James Pates, PHMSA, Office of Chief
Counsel,<PHONE_NUMBER><EMAIL_ADDRESS>Kristin T.L. Baldwin,
Office of Chief Counsel,<PHONE_NUMBER><EMAIL_ADDRESS>or
Larry White, PHMSA, Office of Chief Counsel,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Purpose and Scope

    Effective January 3, 2012, the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Pub. L. 112-90) (the Act)
increased the maximum administrative civil penalties for violation of
the pipeline safety laws and regulations to $200,000 per violation per
day of violation, with a maximum of $2,000,000 for a related series of
violations. The Act also imposed certain requirements for the conduct
of informal administrative enforcement hearings including, among other
things: convening hearings before a presiding official, an attorney on
the staff of the Deputy Chief Counsel; providing an opportunity for a
respondent to arrange for a hearing transcript; ensuring a separation
of functions between agency employees involved with the investigation
or prosecution of an enforcement case and those involved in deciding
the case; and prohibiting ex parte communications. The Act also
provided PHMSA with new enforcement authority for oil spill response
plan compliance under section 4202 of the Oil Pollution Act of 1990 (33
U.S.C. 1321(j)).
    In accordance with the Act, PHMSA proposes to: update the
administrative civil penalty maximums and the informal hearing process
for pipeline enforcement matters to conform to current law and to amend
other administrative procedures used by PHMSA personnel; amend the
criminal enforcement provisions to conform to current law and practice;
make corrections to the special permit provisions in the procedures for
adoption of rules; implement the new enforcement authority for Part 194
oil spill response plans; and make certain technical amendments and
corrections. The proposed amendments do not impose any new operating,
maintenance, or other substantive requirements on pipeline owners or
operators.

II. Proposed Amendments to Part 190

A. Administrative Civil Penalties and the Informal Hearing and
Enforcement Process

    Maximum administrative civil penalties. Section 2 of the Pipeline
Safety Act of 2011 increased the maximum administrative civil penalties
for violation of the pipeline safety laws and regulations to $200,000
per violation per day, with a maximum of $2,000,000 for a related
series of violations. PHMSA proposes to amend 49 CFR 190.223 to reflect
this increase. PHMSA proposes to apply the new administrative civil
penalty maximums in cases involving violations that occur or are
discovered after January 3, 2012. The proposed amendment also removes

outdated penalty provisions for violations involving offshore gathering
lines and liquefied natural gas facilities and clarifies the
applicability of penalties for violations of the terms of an
enforcement order.
    Presiding Official. Section 20(a)(1)(A) of the Act requires PHMSA
to issue regulations requiring hearings conducted under 49 U.S.C.
chapter 601 for the issuance of corrective action orders (CAOs), safety
orders, compliance orders, and civil penalties to be convened before a
presiding official. The pipeline enforcement process found in 49 CFR
part 190, used successfully by PHMSA for many years, already includes
the use of such a presiding official for informal hearings. The
amendment proposes to codify existing practice. This process provides
pipeline operators with the right to receive notice of any alleged
violations identified during an inspection or investigation; to respond
to the notice, including the opportunity to request an informal hearing
or otherwise contest any alleged violations; to examine the evidence;
to be represented by counsel; to provide any relevant information to
the proposed penalty amount; and to petition for reconsideration of the
agency's decision.
    Although current regulations already provide that hearings are held
before a presiding official, section 20(a)(2) of the Act requires that
PHMSA issue regulations both defining the term ``presiding official''
and requiring the presiding official to be an attorney on the staff of
the Deputy Chief Counsel who is not engaged in investigative or
prosecutorial functions. PHMSA proposes to conform to this requirement
by amending the existing definition of ``presiding official'' in Sec.
190.3 and by adding a new Sec.  190.212 concerning the presiding
official's powers and duties.
    The proposed regulations will specify the powers and duties of the
presiding official and provide that, if the dedicated presiding
official is unavailable, the Deputy Chief Counsel may delegate the
duties of the presiding official to another attorney in the Office of
Chief Counsel who has no prior involvement in the case and who will be
supervised by the Deputy Chief Counsel. PHMSA also proposes to amend
Sec.  190.211(a) to clarify that this section applies to any hearing
relating to civil penalty assessments, compliance orders, safety
orders, or CAOs.
    Hearing transcript. Section 20(a)(1)(B) of the Act requires PHMSA
to issue regulations providing the opportunity for any party requesting
a hearing to arrange for a transcript of the hearing, at the party's
expense. Although it is currently PHMSA's practice to permit a
respondent to make arrangements for a transcript at the respondent's
cost, this is not explicitly stated in Part 190. PHMSA proposes to
amend Sec.  190.211 to provide that a respondent may arrange for a
hearing to be recorded or transcribed at its own cost. PHMSA further
proposes that an accurate copy of the recording or transcript must be
submitted for the official record.
    Separation of functions and prohibition on ex parte communications.
Section 20(a)(1)(D) of the Act requires PHMSA to issue regulations
implementing a separation of functions between agency employees
involved with the investigation and prosecution of an enforcement case
and those involved in deciding the case. PHMSA's current practice is to
ensure that personnel involved in deciding an enforcement case are not
involved in determining the allegations to be made in that case or
preparing the Notice of Probable Violation or other type of enforcement
action. On July 12, 2011, PHMSA explained its separation of functions
policy in a statement published in the Federal Register (76 FR 40820).
In order to conform Part 190 to the current law and existing agency
practice, PHMSA proposes to add a new Sec.  190.210, titled:
``Separation of functions.'' Paragraph (a) of the new section proposes
that an agency employee involved in the investigation or prosecution of
an enforcement case may not participate in the decision of that case or
a factually related case, but may participate as a witness or counsel
at a hearing, as set forth in subpart B. Likewise, paragraph (a)
proposes to require that an agency employee who prepares the decision
in an enforcement case may not have served in an investigative or
prosecutorial capacity in that case or a factually related case.
    Section 20(a)(1)(E) of the Act requires PHMSA to issue regulations
prohibiting ex parte communications that are relevant to the question
to be decided in an enforcement case. An ex parte communication is a
communication between a party to a pending case and the decision maker
regarding an issue in that case occurring outside the presence of the
other parties and without prior notice and opportunity for all parties
to provide comment or rebuttal. In the aforementioned July 12, 2011,
PHMSA policy statement discussed earlier in this preamble, the agency
explained that ex parte communications with the presiding official are
not permitted by the operator, its counsel, or agency staff involved in
the investigation and prosecution of the case. This prohibition applies
to all communication regarding information, facts, or arguments
involving an issue in the case, but not to routine administrative
matters, such as scheduling the hearing or clarification of the
enforcement process.
    To incorporate this prohibition into Part 190, PHMSA proposes to
add paragraph (b) to the newly created Sec.  190.210 enjoining any
party to an enforcement proceeding (e.g., respondent, agency employees
serving in an investigative or prosecutorial capacity, representatives
of either party, etc.) from communicating privately with the decision
maker concerning information that is material to the question to be
decided. Notwithstanding this addition, parties would be allowed to
communicate freely with the presiding official regarding procedural or
administrative issues, such as scheduling a hearing.
    Expedited review of corrective action orders. Section 20(a)(1)(C)
of the Act requires PHMSA to issue regulations ensuring ``expedited
review'' of any CAO issued without prior notice pursuant to 49 U.S.C.
60112(e). Section 20(a)(3) also requires the agency to define the term
``expedited review'' for purposes of this regulation. The procedural
regulations for issuance of a CAO after notice and opportunity for
hearing are outlined in Sec.  190.233. Under paragraph (b) of that
regulation, PHMSA may waive the requirement for prior notice and
opportunity for hearing if a failure to do so would result in the
likelihood of serious harm to life, property, or the environment. In
cases where an order is issued without prior notice, paragraph (b)
already requires that an opportunity for a hearing be provided to the
respondent as soon as is practicable after issuance of the order. PHMSA
typically schedules hearings within 10 calendar days, except where the
respondent requests postponement for good cause.
    The current process works well both to ensure that an operator has
a timely opportunity for a post-order hearing and that PHMSA acts
expeditiously to render a final determination on the CAO. Therefore,
PHMSA proposes to conform paragraph Sec.  190.233(b) to current law by
defining the term ``expedited review'' for purposes of a CAO issued
without prior notice. In this proposed ``expedited review,'' the
respondent must either request such review by answering the order in
writing or by requesting a hearing. The Associate Administrator, as
soon as practicable following issuance of the order, will decide
whether the order should remain in effect or be terminated. Once the
determination is issued, the expedited review process is

complete. Issuance of the decision will occur as soon as is
practicable.
    Other amendments to enforcement process. PHMSA also proposes other
technical amendments and updates to improve the clarity and efficiency
of the enforcement regulations and to otherwise conform to current
practice. These proposed amendments include:
    1. Amending Sec.  190.7(a), relating to subpoenas and witness fees,
to clarify that PHMSA has the authority to issue subpoenas for any
reason to carry out its duties at any time, both during the
investigative phase of an enforcement action and pursuant to a hearing.
    2. Amending Sec.  190.11(a)(1), relating to the availability of
informal guidance on the pipeline safety regulations, to remove the
requirement that ``All messages will receive a response by the
following business day,'' since the Office of Pipeline Safety (OPS) is
not always able to provide telephonic guidance or interpretive
assistance on pipeline regulations by the following business day.
    3. Amending Sec.  190.11(a) to revise paragraph (a)(1) and remove
paragraph (a)(2) to reflect the current practice on obtaining
telephonic and internet assistance from OPS.
    4. Amending Sec.  190.11(b) to remove paragraph (b)(2) to reflect
the current practice on obtaining written interpretations from OPS.
    5. Amending Sec.  190.201, relating to the purpose and scope of
subpart B, to clarify that these enforcement procedures encompass the
enforcement of 49 U.S.C. 60101 et seq., section 4202 of the Oil
Pollution Act of 1990 (33 U.S.C. 1321(j)), and any PHMSA regulation or
order issued thereunder.
    6. Amending Sec.  190.203(c), relating to inspections and
investigations, to clarify that an OPS request for specific information
to an owner or operator may be issued at any time and is not limited to
a request following an inspection.
    7. Amending Sec.  190.203(e) to provide that if a representative of
DOT investigates an accident or incident involving a pipeline facility,
the owner or operator of the facility must provide all records and
information pertaining to the accident or incident to a representative
of DOT, including integrity management plans and test results. Pursuant
to this proposed change, the owner or operator of the facility would be
required to provide all reasonable assistance in the investigation of
the accident or incident. Civil penalties may be assessed for
obstructing an OPS inspection or investigation, in accordance with
section 2 of the Act.
    8. Amending Sec. Sec.  190.205, 190.207, 190.217, 190.219, 190.221,
and 190.223, relating to enforcement actions, to provide that OPS may
take varied actions under section 4202 of the Oil Pollution Act of 1990
(33 U.S.C. 1321(j)).
    9. Amending Sec.  190.211, relating to hearings, to clarify the
manner in which informal hearings are conducted, including: A
respondent may withdraw a hearing request in writing and, if permitted
by the presiding official, supplement the record with a written
submission in lieu of a hearing; a respondent must submit the material
it intends to use to rebut the allegation of violation at least 10
calendar days prior to the date of the hearing; the hearing is
conducted informally; OPS, as well as the respondent, may present
evidence and call witnesses at a hearing; and both parties may request
permission to submit additional documents after the hearing.
    10. Amending Sec.  190.211(c) to provide that all hearings in civil
penalty cases under $25,000 (currently $10,000) will be held by
telephone conference, unless either party requests an in-person
hearing. This proposed change recognizes the increase in the size of
civil penalty assessments generally and minimizes travel expense for
both parties. The presiding official will also have the flexibility to
order a video conference in addition to a telephonic hearing.
    11. Amending Sec.  190.211(d) to clarify that all evidentiary
material on which OPS intends to rely at a hearing, to the extent
possible, must be provided at respondent's request prior to a hearing
in order to ensure the respondent's full access to the evidentiary
record upon which final orders are based.
    12. Amending Sec.  190.213(b), relating to final orders, to clarify
that the presiding official in a Sec.  190.211 hearing case or an
attorney from the Office of Chief Counsel in a non-hearing case
provides a recommended decision to the Associate Administrator
proposing findings on all material issues.
    13. Amending Sec.  190.213(d) and (e) to remove the provision that
an operator may file a judicial appeal of a final order without first
filing a petition for reconsideration. This proposed change will ensure
that the parties have an administrative opportunity to correct errors
prior to the filing of a judicial appeal.
    14. Amending Sec.  190.215, relating to petitions for
reconsideration, by moving the language in this section to Sec.
190.249 at the end of subpart B and expanding its scope to cover all
final orders, corrective action orders, notices of amendment, and
safety orders. This proposed change clarifies that a respondent must
file a petition to exhaust its administrative remedies. Additionally, a
proposed provision on the filing period and the standard of judicial
review has been included in order to conform to 49 U.S.C. 60119.
    15. Amending the existing language in Sec.  190.215(a) that is
moved to Sec.  190.249 to remove the requirement that a respondent file
multiple copies of a petition; to allow 30, rather than 20, calendar
days from receipt of service of a final order to file a petition for
reconsideration; and to indicate that all petitions must be filed with
the Associate Administrator, with a copy to the Office of Chief
Counsel.
    16. Amending Sec.  190.219, relating to consent orders, to expand
this section to provide that consent orders may also be used to resolve
CAOs and safety orders.
    17. Amend Sec. Sec.  190.223(b) and 190.229(b), relating to civil
and criminal penalties, to remove obsolete civil and criminal penalty
provisions for violations involving offshore gathering lines.
    18. Amending Sec.  190.225(a), relating to civil penalty assessment
considerations, to remove paragraph (a)(4) relating to ``ability to
pay'' as a penalty assessment factor, to conform to the Act.
    19. Amending Sec.  190.233(b) and (c), relating to CAOs, to provide
an expedited process for setting hearings and issuing decisions on CAOs
and notices of proposed CAOs. This proposal also includes an expedited
process for handling petitions for reconsideration to challenge CAOs,
to conform to the Act.

B. Criminal Enforcement

    PHMSA proposes to amend the criminal enforcement provisions as
follows:
    1. Relocating the criminal enforcement sections to a new ``Subpart
C--Criminal Enforcement.''
    2. Amending the language in existing Sec.  190.229 that is moved to
Sec.  190.291, relating to criminal penalties, to remove outdated
maximum criminal penalty amounts for each criminal offense and insert
``fined under Title 18'' to conform to current 49 U.S.C. 60123.

C. Procedures for Adoption of Rules

    PHMSA proposes to amend the procedures for the adoption of rules
provisions as follows:
    1. Redesignating current Subpart C, Procedures for Adoption of
Rules, as Subpart D.
    2. Amending Sec.  190.207(a), relating to Notices of Probable
Violation (NOPV), to clarify that a NOPV may be issued for

violation of a special permit, as a special permit is an agency order
that is enforceable through a NOPV.
    3. Amending Sec.  190.239 to include a process for filing petitions
for reconsideration on safety orders.
    4. Amending Sec.  190.337 to remove paragraph (b), relating to the
reconsideration of petitions for rulemaking, to remove the target times
for the Associate Administrator to act on petitions for
reconsideration, to conform to actual practice.
    5. Amending Sec.  190.341, relating to special permits, to clarify
that PHMSA may issue a NOPV for violations of a special permit.

D. Technical Amendments and Corrections

    PHMSA proposes to make the following technical amendments and
corrections to Part 190:
    1. Amending Part 190 to remove all references to 49 U.S.C. 5101, to
update Web sites addresses, telephone numbers, and postal addresses,
and to eliminate other incorrect references.
    2. Amending Part 190 to remove the term ``PHMSA'' from the phrases
``Administrator, PHMSA'' and ``Chief Counsel, PHMSA'' throughout Part
190 and remove the term ``OPS'' from the phrase ``Associate
Administrator, OPS.''
    3. Amending Sec.  190.3 to define the terms ``Associate
Administrator,'' ``Chief Counsel,'' ``Day,'' and ``Operator.''
    4. Amending Sec.  190.7(d) to harmonize the service of subpoenas
with the service of other documents under Sec.  190.5 to reflect that
service by hand, certified mail, or registered mail is complete upon
mailing.
    5. Amending Sec.  190.203(b)(6) and other sections to eliminate the
exclusive use of the masculine pronouns ``him'' and ``his'' or to
define the term to include both masculine and feminine.
    6. Amending Sec.  190.205 to clarify that the Associate
Administrator or his or her designee(s) issue warning letters and that
an operator may respond to a warning letter.
    7. Amending Sec.  190.207(a) to clarify that a NOPV may contain a
combination of warning items, allegations of violation, proposed civil
penalties, and proposed compliance orders for a probable violation of
section 4202 of the Oil Pollution Act of 1990 (33 U.S.C. 1321(j)).
    8. Amending Sec.  190.207(c) to clarify that the Associate
Administrator or his or her designee(s) may amend a NOPV but must
provide an additional opportunity for response.
    9. Amending Sec.  190.209(a)(1), relating to response options to
NOPVs, to clarify that if an operator responds by paying a proposed
civil penalty, such action serves to close only that particular
allegation of violation and not the entire case.
    10. Amending Sec.  190.209(a) to clarify that in responding to a
NOPV, an operator may contest it in writing without requesting an in-
person hearing.
    11. Amending Sec.  190.209(c) to correct a typographical error by
changing the reference from paragraph (c) to paragraph (b).
    12. Amending language in existing Sec.  190.215(a), which is moved
to Sec.  190.249, to clarify that a petition for reconsideration must
include an explanation as to why the final order should be
reconsidered, rather than an explanation of why the ``effectiveness''
of the final order should be stayed.
    13. Amending Sec.  190.223(a) to clarify that the term ``civil
penalty'' refers to ``administrative'' civil penalties.
    14. Amending Sec.  190.227(a), relating to the payment of
penalties, to allow payment of penalties under $10,000 to be made via
``www.pay.gov'' and to provide the correct address.
    15. Amending Sec. Sec.  190.233 to clarify that CAOs are based upon
a determination that a particular facility ``is or would be
hazardous,'' which tracks the statutory language in 49 U.S.C. 60112,
and to clarify that the closure of a CAO ``terminates'' it, as opposed
to ``rescinding'' it.
    16. Amending Sec. Sec.  190.239 and 190.341 to italicize the
questions at the beginning of each lettered paragraph.
    17. Amending Sec.  190.319, relating to extensions of time for
rulemaking comment periods, to clarify that petitions for extensions of
time to file comments must be addressed to PHMSA, as provided in Sec.
190.309.
    18. Amending Sec.  190.321, relating to the contents of written
comments, to remove the requirement to submit multiple copies of a
rulemaking comment.
    19. Amending Sec.  190.327(b), relating to hearings on proposed
rulemakings, to clarify that procedures for rulemaking hearings do not
apply to other types of hearings by deleting the phrase ``under this
part'' and inserting ``under this subpart.''
    20. Amending Sec.  190.335(a) and removing Sec.  190.338(c),
relating to the reconsideration of petitions for rulemaking and
appeals, to remove the requirement to submit multiple copies of each.
    21. For administrative purposes, Sec. Sec.  190.241, 190.243,
190.245, and 190.247 are added and reserved.
    22. Amending Sec. Sec.  192.603(c), 193.2017(b), 195.402(b), and
199.101(b) to change the reference to Sec.  190.237 to Sec.  190.206.

III. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This notice of proposed rulemaking is published under the authority
of the Federal Pipeline Safety Law (49 U.S.C. 60101 et seq.). Section
60102 authorizes the Secretary of Transportation to issue regulations
governing design, installation, inspection, emergency plans and
procedures, testing, construction, extension, operation, replacement,
and maintenance of pipeline facilities. Section 60102(l) of the Federal
Pipeline Safety Law states that the Secretary shall, to the extent
appropriate and practicable, update incorporated industry standards
that have been adopted as part of the Federal pipeline safety
regulations.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    This proposed rule is not considered a significant regulatory
action under Section 3(f) of Executive Order 12866 and, therefore, is
not subject to review by the Office of Management and Budget. This
proposed rule is not significant under DOT Regulatory Policies and
Procedures (44 FR 11034; Feb. 26, 1979). Executive Orders 12866 and
13563 require agencies to regulate in the most cost effective manner,
to make a reasoned determination that the benefits of the intended
regulation justify its costs, and to develop regulations that impose
the least burden on society. As this proposed rule involves agency
practice and procedure, proposes to conform agency procedural
requirements to current public law, and does not recommend imposing any
new substantive requirements on operators or the public, it has no
significant economic impact on regulated entities.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). This proposed rule does not introduce any regulation
that: (1) Has substantial direct effects on the states, the
relationship between the national government and the states, or the
distribution of power and responsibilities among the various levels of
government; (2) imposes substantial direct compliance costs on state
and local governments; or (3) preempts state law. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.

Further, this proposed rule does not have an impact on federalism that
warrants preparation of a federalism assessment.

D. Executive Order 13175

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13175
(``Consultation and Coordination with Indian Tribal Governments'').
This proposed rule does not significantly or uniquely affect the
communities of the Indian tribal governments; therefore, the funding
and consultation requirements of Executive Order 13175 do not apply.

E. Executive Order 13211

    This proposed rule is not a significant energy action under
Executive Order 13211. It is not a significant regulatory action under
Executive Order 12866 and is not likely to have a significant, adverse
effect on the supply, distribution, or use of energy. Furthermore, this
proposed rule has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action.

F. Regulatory Flexibility Act

    As this proposed rule updates the Part 190 procedures in accordance
with current public law and will have no direct or indirect economic
impacts for government units, businesses, or other organizations, I
certify that this proposed rule will not have a significant economic
impact on a substantial number of small entities.

G. Paperwork Reduction Act

    This proposed rule contains no new information collection
requirements or additional paperwork burdens. Therefore, submitting an
analysis of the burdens to OMB pursuant to the Paperwork Reduction Act
is unnecessary.

H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more, as adjusted for inflation, to either state, local
or tribal governments, in the aggregate, or to the private sector, and
is the least burdensome alternative that achieves the objective of the
rule.

I. Environmental Assessment

    As this proposed rule amends agency administrative practice and
procedure and does not impose any new substantive environmental
requirements on operators or the public or change the environmental
status quo in any way, there are no significant environmental impacts
associated with this rule.

List of Subjects

49 CFR Part 190

    Administrative Practice and procedure; Penalties.

49 CFR Part 192

    Pipeline safety, Fire Prevention, Security measures.

49 CFR Part 193

    Pipeline safety, Fire prevention, Security measures.

49 CFR Part 195

    Ammonia, Carbon dioxide, Incorporation by reference, Petroleum,
Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 199

    Drug testing, alcohol misuse.

    For the reasons discussed in the preamble, PHMSA proposes to amend
49 CFR Subchapter C as follows:

PART 190--PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES

    1. The authority citation for part 190 is revised to read as
follows:

    Authority:  33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.; 49 CFR
1.53.

PART 190--[AMENDED]

    2. Part 190 is amended by revising the title to read:

PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES.

PART 190--[AMENDED]

    3. In part 190, revise all references to ``Associate Administrator,
PHMSA'' to read ``Associate Administrator''.
    4. In part 190, revise all references to ``Chief Counsel, PHMSA''
to read ``Chief Counsel''.
    5. In part 190, revise all references to ``Associate Administrator,
OPS'' to read ``Associate Administrator''.

Sec.  190.1  [Amended]

    6. In Sec.  190.1, paragraph (a) is amended by removing the phrase
``and 49 U.S.C. 5101 et seq. (the hazardous material transportation
laws)''.
    7. In Sec.  190.3, the definition of ``Presiding Official'' is
revised and the new definitions for ``Associate Administrator,''
``Chief Counsel,'' ``Day,'' and ``Operator'' are added in alphabetical
order to read as follows:

Sec.  190.3  Definitions.

* * * * *
    Associate Administrator means the Associate Administrator for
Pipeline Safety.
    Chief Counsel means the Chief Counsel of the PHMSA.
    Day means a 24-hour period ending at 11:59 p.m.
* * * * *
    Operator means any or all of the owners or operators.
* * * * *
    Presiding official means the person who conducts any hearing
relating to civil penalty assessments, compliance orders, safety
orders, or corrective action orders and who has the duties and powers
set forth in Sec.  190.212.
* * * * *
    8. In Sec.  190.7, paragraphs (a) and (d) are revised to read as
follows:

Sec.  190.7  Subpoenas; witness fees.

    (a) The Administrator, the Chief Counsel, or an official designated
by the Administrator may sign and issue subpoenas individually on his
or her own initiative at any time. Such times may include during an
inspection or investigation or, upon request and adequate showing by a
participant to an enforcement proceeding, that the information sought
will materially advance the proceeding.
* * * * *
    (d) Service of a subpoena upon the person named in the subpoena is
achieved by delivering a copy of the subpoena to the person and by
paying the fees for one day's attendance and mileage as specified by
paragraph (g) of this section. Service of a subpoena can also be made
by certified or registered mail to the person at the last known
address. Service is complete upon mailing. When a subpoena is issued at
the instance of any officer or agency of the United States, fees and
mileage need not be tendered at the time of service. Delivery of a copy
of a subpoena and tender of the fees to a natural person may be made by
handing them to the person, leaving them at the person's office with a
person in charge, leaving them at the person's residence with a person
of suitable age and discretion residing there, or by any method whereby
actual notice is given to the person and the fees are made available
prior to the return date.
* * * * *
    9. In Sec.  190.11, paragraphs (a) and (b) are revised to read as
follows:

Sec.  190.11  Availability of informal guidance and interpretive
assistance.

    (a) Availability of telephonic and Internet assistance. PHMSA has

established a Web site and a telephone line to OPS headquarters where
information on and advice about compliance with the pipeline safety
regulations specified in 49 CFR parts 190-199 is available. The Web
site and telephone line are staffed by personnel from PHMSA's OPS from
9:00 a.m. through 5:00 p.m., Eastern Time, Monday through Friday, with
the exception of Federal holidays. When the lines are not staffed,
individuals may leave a recorded voicemail message or post a message on
the OPS Web site. The telephone number for the OPS information line is
(202) 366-4595 and the OPS Web site can be accessed via the Internet at
http://phmsa.dot.gov/pipeline
    (b) Availability of written interpretations. A written regulatory
interpretation, response to a question, or an opinion concerning a
pipeline safety issue may be obtained by submitting a written request
to the Office of Pipeline Safety (PHP-30), PHMSA, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
The requestor must include his or her return address and should also
include a daytime telephone number. Written requests should be
submitted at least 120 days before the time the requestor needs a
response.
* * * * *
    10. In Sec.  190.201, paragraph (a) is revised to read as follows:

Sec.  190.201  Purpose and scope.

    (a) This subpart describes the enforcement authority and sanctions
exercised by the Associate Administrator for achieving and maintaining
pipeline safety and compliance under 49 U.S.C. 60101 et seq., section
4202 of the Oil Pollution Act of 1990 (33 U.S.C. 1321(j)), and any
PHMSA regulation or order issued thereunder. It also prescribes the
procedures governing the exercise of that authority and the imposition
of those sanctions.
* * * * *
    11. In Sec.  190.203, paragraph (b)(6) and paragraphs (c), (e), and
(f) are revised to read as follows:

Sec.  190.203  Inspections and investigations.

* * * * *
    (b) * * *
    (6) Whenever deemed appropriate by the Associate Administrator, or
his or her designee.
    (c) If the Associate Administrator believes that further
information is needed to determine appropriate action, the Associate
Administrator may notify the pipeline operator in writing that the
operator is required to provide specific information within a period
specified by the Associate Administrator, but no later than 30 days
from the time the notification is received by the operator. The
notification must provide a reasonable description of the specific
information required.
* * * * *
    (e) If a representative of the U.S. Department of Transportation
inspects or investigates an incident involving a pipeline facility, the
operator must make available to the representative all records and
information that pertain to the incident in any way, including
integrity management plans and test results. The operator must provide
all reasonable assistance in the investigation. Any person who
obstructs an inspection or investigation by taking actions that were
known or reasonably should have been known to prevent, hinder, or
impede an investigation without good cause will be subject to
administrative civil penalties under this subpart.
    (f) When OPS determines that the information obtained from an
inspection or from other appropriate sources warrants further action,
OPS may initiate one or more of the enforcement proceedings prescribed
in this subpart.
    12. Section 190.205 is revised to read as follows:

Sec.  190.205  Warning letters.

    Upon determining that a probable violation of 49 U.S.C. 60101 et
seq., section 4202 of the Oil Pollution Act of 1990 (33 U.S.C.
1321(j)), or any regulation or order issued thereunder has occurred,
the Associate Administrator or his or her designee(s) may issue a
Warning Letter notifying the owner or operator of the probable
violation and advising the owner or operator to correct it or be
subject to potential enforcement action under this subpart. The owner
or operator may submit a response to the Warning Letter but is not
required to.
    13. Add Sec.  190.206 to subpart B to read as follows:

Sec.  190.206  Amendment of plans or procedures.

    (a) A Regional Director begins a proceeding to determine whether an
operator's plans or procedures required under parts 192, 193, 194, 195,
and 199 of this subchapter are inadequate to assure safe operation of a
pipeline facility by issuing a notice of amendment. The notice will
specify the alleged inadequacies and the proposed action for revision
of the plans or procedures and provide an opportunity for a hearing
under Sec.  190.211 of this Part. The notice will allow the operator 30
days after receipt of the notice to submit written comments, revised
procedures, or request a hearing. After considering all material
presented in writing or at the hearing if applicable, the Associate
Administrator determines whether the plans or procedures are inadequate
as alleged and orders the required amendment if they are inadequate, or
withdraws the notice if they are not. In determining the adequacy of an
operator's plans or procedures, the Associate Administrator may
consider:
    (1) Relevant available pipeline safety data;
    (2) Whether the plans or procedures are appropriate for the
particular type of pipeline transportation or facility, and for the
location of the facility;
    (3) The reasonableness of the plans or procedures; and
    (4) The extent to which the plans or procedures contribute to
public safety.
    (b) The amendment of an operator's plans or procedures prescribed
in paragraph (a) of this section is in addition to, and may be used in
conjunction with, the appropriate enforcement actions prescribed in
this subpart.
    14. In Sec.  190.207, paragraphs (a) and (c) are revised to read as
follows:

Sec.  190.207  Notice of probable violation.

    (a) Except as otherwise provided by this subpart, a Regional
Director begins an enforcement proceeding by serving a notice of
probable violation on a person and charging that person with a probable
violation of 49 U.S.C. 60101 et seq., section 4202 of the Oil Pollution
Act of 1990 (33 U.S.C. 1321(j)), or any regulation or order issued
thereunder.
* * * * *
    (c) The Regional Director may amend a notice of probable violation
at any time prior to issuance of a final order under Sec.  190.213. If
an amendment includes any new material allegations of fact, proposes an
increased civil penalty amount, or proposes new or additional remedial
action under Sec.  190.217, the respondent will have the opportunity to
respond under Sec.  190.209.
    15. In Sec.  190.209, paragraphs (a) and (c) are revised to read as
follows:

Sec.  190.209  Response options.

    (a) When the notice contains a proposed civil penalty--
    (1) If respondent is not contesting an allegation of probable
violation, pay the proposed civil penalty as provided in Sec.  190.227
and advise the Regional Director of the payment. The payment authorizes
PHMSA to make a finding of violation as to the uncontested item(s),
with prejudice to the respondent;

    (2) If respondent is not contesting an allegation of probable
violation but wishes to submit a written explanation, information or
other materials respondent believes may warrant mitigation or
elimination of the proposed civil penalty, respondent may submit such
materials. This authorizes PHMSA to make a finding of violation and to
issue a final order under Sec.  190.213;
    (3) If respondent is contesting one or more allegations of probable
violation but is not requesting a hearing under Sec.  190.211,
respondent may submit a written response in answer to the allegations;
or
    (4) The respondent may request a hearing under Sec.  190.211.
* * * * *
    (c) Failure of the respondent to respond in accordance with
paragraph (a) of this section or, when applicable, paragraph (b) of
this section, constitutes a waiver of the right to contest the
allegations in the notice of probable violation and authorizes the
Associate Administrator, without further notice to the respondent, to
find the facts as alleged in the notice of probable violation and to
issue a final order under Sec.  190.213.
* * * * *
    16. Add Sec.  190.210 to subpart B to read as follows:

Sec.  190.210  Separation of functions.

    (a) General An agency employee who assists in the investigation or
prosecution of an enforcement case may not participate in the decision
of that case or a factually related one, but may participate as a
witness or counsel at a hearing, as set forth in this subpart.
Likewise, an agency employee who prepares a decision in an enforcement
case may not have served in an investigative or prosecutorial capacity
in that case or a factually related one.
    (b) Prohibition on ex parte communications. A party to an
enforcement proceeding, including a respondent, its representative, or
an agency employee having served in an investigative or prosecutorial
capacity in the proceeding, may not communicate privately with the
Associate Administrator or presiding official concerning information
that is material to the question to be decided in the proceeding. A
party may communicate, however, with the presiding official regarding
certain administrative or procedural issues, such as for scheduling a
hearing.
    17. Section 190.211 is revised to read as follows:

Sec.  190.211  Hearings.

    (a) General. This section applies to hearings conducted under this
part relating to civil penalty assessments, compliance orders, safety
orders, and corrective action orders. A presiding official will convene
all hearings conducted under this section.
    (b) Hearing request and statement of issues. A request for a
hearing provided for in this part must be accompanied by a statement of
the issues that the respondent intends to raise at the hearing. The
issues may relate to the allegations in the notice, the proposed
corrective action, or the proposed civil penalty amount. A respondent's
failure to specify an issue may result in waiver of the respondent's
right to raise that issue at the hearing. The respondent's request must
also indicate whether or not the respondent will be represented by
counsel at the hearing. A respondent may withdraw a hearing request in
writing and, if permitted by the presiding official, supplement the
record with a written submission in lieu of a hearing.
    (c) Telephonic and in-person hearings. A telephone hearing will be
held if the amount of the proposed civil penalty or the cost of the
proposed corrective action is less than $25,000, unless the respondent
or OPS submits a written request for an in-person hearing. In-person
hearings will normally be held at the office of the appropriate PHMSA
Region. Hearings may be held by video teleconference if the necessary
equipment is available to all parties.
    (d) Request for evidentiary material. Upon request, to the extent
practicable, OPS will provide to the respondent in advance of the
hearing all evidentiary material upon which OPS intends to rely or to
introduce at the hearing that is pertinent to the issues to be
determined. The respondent may respond to or rebut this material at the
hearing as set forth in this section.
    (e) Pre-hearing submission. Respondent must submit all records,
documentation, and other written evidence it intends to use to rebut an
allegation of violation at least 10 calendar days prior to the date of
the hearing, unless another deadline is ordered by the presiding
official. Failure to submit the material in advance of the hearing in
accordance with this paragraph will waive the respondent's right to
introduce the material at the hearing, unless the presiding official
finds there is good cause for not timely submitting the materials.
    (f) Conduct of the hearing. The hearing is conducted informally
without strict adherence to rules of evidence. The presiding official
regulates the course of the hearing and gives each party an opportunity
to offer facts, statements, explanation, documents, testimony or other
items that are relevant and material to the issues under consideration.
The parties may call witnesses on their own behalf and examine the
evidence and witnesses presented by the other party. After the evidence
in the case has been presented, the presiding official may permit
discussion on the issues under consideration.
    (g) Transcript. PHMSA does not prepare a detailed record of the
hearing. The respondent may arrange for the hearing to be recorded or
transcribed at cost to the respondent, provided the respondent submits
an accurate copy of the recording or transcript for the official
record.
    (h) Post-hearing submission. The respondent and OPS may request an
opportunity to submit further written material after the hearing for
inclusion in the record. The presiding official will allow a reasonable
time for the submission of the material and will specify the submission
date. If the material is not submitted within the time prescribed, the
case will proceed to final action without the material.
    (i) Preparation of decision. After submission of all materials
during and after the hearing, the presiding official prepares a
recommended decision in the case. This recommended decision, along with
any material submitted during and after the hearing, will be included
in the record which is forwarded to the Associate Administrator for
issuance of a decision and order.
    18. Add Sec.  190.212 to subpart B to read as follows:

Sec.  190.212  Presiding official, powers, and duties.

    (a) General. The presiding official for a hearing conducted under
Sec.  190.211 is an attorney on the staff of the Deputy Chief Counsel
who is not engaged in any investigative or prosecutorial functions,
such as the issuance of a notice under this subpart. If the designated
presiding official is unavailable, the Deputy Chief Counsel may
delegate the powers and duties specified in this section to another
attorney in the Office of Chief Counsel with no prior involvement in
the matter to be heard who will serve as the presiding official.
    (b) Time and place of the hearing. The presiding official will set
the date, time and location of the hearing. To the extent practicable,
the presiding official will accommodate the parties' schedules when
setting the hearing. Reasonable

notice of the hearing will be provided to all parties.
    (c) Powers and duties of presiding official. The presiding official
will conduct a fair and impartial hearing and take all action necessary
to avoid delay in the disposition of the proceeding and maintain order.
The presiding official has all powers necessary to achieve those ends,
including, but not limited to the power to:
    (1) Regulate the course of the hearing and conduct of the parties
and their counsel;
    (2) Receive evidence and inquire into the relevant and material
facts concerning the matters that are subject of the hearing;
    (3) Require the submission of documents and other information;
    (4) Direct that documents or briefs relate to issues raised during
the course of the hearing;
    (5) Fix the time for filing documents, briefs, and other items;
    (6) Prepare a recommended decision; and
    (7) Exercise such other authority as is necessary to carry out the
responsibilities of the presiding official under this subpart.
    19. Section 190.213 is amended by revising paragraph (b)(5), adding
paragraph (b)(6) and removing paragraphs (d) and (e) to read as
follows:

Sec.  190.213  Final order.

* * * * *
    (b) * * *
    (5) In cases involving a Sec.  190.211 hearing, any material
submitted during and after the hearing; and
    (6) The recommended decision prepared by the presiding official in
cases involving a Sec.  190.211 hearing, or prepared by an attorney
from the Office of Chief Counsel in cases not involving a hearing,
containing proposed findings and determinations on all material issues.
    (c) * * *

Sec.  190.215  [Removed and Reserved]

    20. Remove and reserve Sec.  190.215.
    21. Section 190.217 is revised to read as follows:

Sec.  190.217  Compliance orders generally.

    When the Associate Administrator has reason to believe that a
person is engaging in conduct that violates 49 U.S.C. 60101 et seq.,
section 4202 of the Oil Pollution Act of 1990 (33 U.S.C. 1321(j)), or
any regulation or order issued thereunder, and if the nature of the
violation and the public interest warrant, the Associate Administrator
may conduct proceedings under Sec. Sec.  190.207 through 190.213 of
this part to determine the nature and extent of the violations and to
issue an order directing compliance.
    22. In Sec.  190.219, paragraph (a) is revised and paragraph (c) is
added to read as follows:

Sec.  190.219  Consent order.

    (a) At any time prior to the issuance of a compliance order under
Sec.  190.217, a corrective action order under Sec.  190.233, or a
safety order under Sec.  190.239, the Associate Administrator and the
respondent may agree to dispose of the case by execution of a consent
agreement and order which may be jointly executed. Upon execution, the
consent order is considered a final order under Sec.  190.213.
* * * * *
    (c) The proposed execution of a consent agreement and order arising
out of a corrective action order under Sec.  190.233 will comply with
the notification procedures set forth in 49 U.S.C. 60112(c).
    23. Section 190.221 is revised to read as follows:

Sec.  190.221  Civil penalties generally.

    When the Associate Administrator has reason to believe that a
person has committed an act violating 49 U.S.C. 60101 et seq., section
4202 of the Oil Pollution Act of 1990 (33 U.S.C. 1321(j)), or any
regulation or order issued thereunder, proceedings under Sec. Sec.
190.207 through 190.213 may be conducted to determine the nature and
extent of the violations and to assess and, if appropriate, compromise
a civil penalty.
    24. Section 190.223 is revised to read as follows:

Sec.  190.223  Maximum penalties.

    (a) Any person who is determined to have violated a provision of 49
U.S.C. 60101 et seq. section 4202 of the Oil Pollution Act of 1990 (33
U.S.C. 1321(j)), or any regulation or order issued thereunder after
January 3, 2012, is subject to an administrative civil penalty not to
exceed $200,000 for each violation for each day the violation
continues, except that the maximum administrative civil penalty may not
exceed $2,000,000 for any related series of violations.
    (b) Any person who is determined to have violated any standard or
order under 49 U.S.C. 60129 shall be subject to a civil penalty not to
exceed $1,000, which shall be in addition to any other penalties to
which such person may be subject under paragraph (a) of this section.
    (c) No person will be subject to a civil penalty under this section
for the violation of any provision of 49 U.S.C. 60101 et seq. or any
regulation issued thereunder resulting in an order being issued under
Sec. Sec.  190.217, 190.219 or 190.233 and a violation of the
requirements of such an order if both violations are based on the same
act, except that failure to comply with the terms of such orders
constitutes a different act.
    25. In Sec.  190.225, paragraphs (a)(1), (a)(2), (a)(3), (a)(4) and
(a)(5) are revised to read as follows:

Sec.  190.225  Assessment considerations.

* * * * *
    (a) The Associate Administrator shall consider:
    (1) The nature, circumstances and gravity of the violation,
including adverse impact on the environment;
    (2) The degree of the respondent's culpability;
    (3) The respondent's history of prior offenses;
    (4) Any good faith by the respondent in attempting to achieve
compliance;
    (5) The effect on the respondent's ability to continue in business;
and
* * * * *
    26. In Sec.  190.227, paragraph (a) is revised to read as follows:

Sec.  190.227  Payment of penalty.

    (a) Except for payments exceeding $10,000, payment of a civil
penalty proposed or assessed under this subpart may be made by
certified check or money order (containing the CPF Number for the
case), payable to ``U.S. Department of Transportation,'' to the Federal
Aviation Administration, Mike Monroney Aeronautical Center, Financial
Operations Division (AMZ-341), P.O. Box 25770, Oklahoma City, OK 73125,
by wire transfer through the Federal Reserve Communications System
(Fedwire) to the account of the U.S. Treasury, or via ``www.pay.gov.''
Payments exceeding $10,000 must be made by wire transfer.
* * * * *

Sec.  190.229  [Removed and Reserved]

    27. Remove and reserve Sec.  190.229.

Sec.  190.231  [Removed and Reserved]

    28. Remove and reserve Sec.  190.231.
    29. In Sec.  190.233, paragraphs (a), (b), (c)(3), (c)(4), (f)(1),
and (g) are revised to read as follows:

Sec.  190.233  Corrective action orders.

    (a) Except as provided by paragraph (b) of this section, if the
Associate Administrator finds, after reasonable notice and opportunity
for hearing in accord with paragraph (c) of this section and Sec.
190.211, a particular pipeline

facility is or would be hazardous to life, property, or the
environment, the Associate Administrator may issue an order pursuant to
this section requiring the owner or operator of the facility to take
corrective action. Corrective action may include suspended or
restricted use of the facility, physical inspection, testing, repair,
replacement, or other appropriate action.
    (b) The Associate Administrator may waive the requirement for
notice and opportunity for hearing under paragraph (a) of this section
before issuing an order whenever the Associate Administrator determines
that the failure to do so would result in the likelihood of serious
harm to life, property, or the environment. When an order is issued
under this paragraph, a respondent that elects to contest the order may
obtain expedited review of the order either by answering in writing to
the order or requesting a Sec.  190.211 hearing to be held as soon as
practicable in accordance with paragraph (c)(2) of this section. For
purposes of this section, the term ``expedited review'' is defined as
the process for making a prompt determination of whether the order
should remain in effect or be terminated, in accordance with paragraph
(g) of this section. The expedited review of an order issued under this
paragraph will be complete upon issuance of such determination.
    (c) * * *
    (3) A hearing under this section will be conducted pursuant to
Sec.  190.211.
    (4) After conclusion of a hearing under this section, the presiding
official will submit a recommendation to the Associate Administrator as
to whether or not a hazardous condition that exists or may exist
requiring corrective action expeditiously. Upon receipt of the
recommendation, the Associate Administrator will proceed in accordance
with paragraphs (d) through (h) of this section. If the Associate
Administrator finds the facility is or would be hazardous to life,
property, or the environment, the Associate Administrator, OPS issues a
corrective action order in accordance with this section or continues a
corrective action order already issued under paragraph (b) of this
section. If the Associate Administrator does not find the facility is
or would be hazardous to life, property, or the environment, the
Associate Administrator will withdraw the allegation of the existence
of a hazardous facility contained in the notice or will terminate a
corrective action order issued under paragraph (b), and promptly notify
the owner or operator in writing by service as prescribed in Sec.
190.5.
* * * * *
    (f) * * *
    (1) A finding that the pipeline facility is or would be hazardous
to life, property, or the environment.
* * * * *
    (g) The Associate Administrator will terminate a corrective action
order whenever the Associate Administrator determines that the facility
is no longer hazardous to life, property, or the environment. If
appropriate, however, a notice of probable violation may be issued
under Sec.  190.207.
* * * * *

Sec.  190.237  [Removed and Reserved]

    30. Remove and reserve Sec.  190.237.
    31. Section 190.239 is amended by revising the heading of
paragraphs (a), (b), (c), (d), (e), and (f), and adding paragraph (g)
to read as follows:

Sec.  190.239  Safety orders.

    (a) When may PHMSA issue a safety order? * * *
    (b) How is an operator notified of the proposed issuance of a
safety order and what are its responses options? * * *
    (c) How is the determination made that a pipeline facility has a
condition that poses an integrity risk? * * *
    (d) What factors must PHMSA consider in making a determination that
a risk condition is present? * * *
    (e) What information will be included in a safety order? * * *
    (f) Can PHMSA take other enforcement actions on the affected
facilities? * * *
    (g) May I petition for reconsideration of a safety order? Yes, a
petition for reconsideration may be submitted in accordance with Sec.
190.249.

Sec.  190.241  [Reserved]

    32. Add and reserve Sec.  190.241.

Sec.  190.243  [Reserved]

    33. Add and reserve Sec.  190.243.

Sec.  190.245  [Reserved]

    34. Add and reserve Sec.  190.245.

Sec.  190.247  [Reserved]

    35. Add and reserve Sec.  190.247.
    36. Add Sec.  190.249 to subpart B to read as follows:

Sec.  190.249  Petitions for reconsideration.

    (a) A respondent may petition the Associate Administrator for
reconsideration of a final order issued under Sec.  190.213, a
compliance order issued under Sec.  190.217, a corrective action order
issued under Sec.  190.233, an order directing amendment of plans or
procedures under Sec.  190.206, or a safety order under Sec.  190.239.
The petition must be received no later than 30 days after service of
the order upon the respondent and a copy must be provided to the Office
of Chief Counsel. Petitions received after that time will not be
considered. The petition must contain a brief statement of the
complaint and an explanation as to why the order should be
reconsidered.
    (b) If the respondent requests the consideration of additional
facts or arguments, the respondent must submit the reasons they were
not presented prior to issuance of the final order.
    (c) The Associate Administrator does not consider repetitious
information, arguments, or petitions.
    (d) The filing of a petition under this section stays the payment
of any civil penalty assessed. However, unless the Associate
Administrator, OPS otherwise provides, the order, including any
required corrective action, is not stayed.
    (e) The Associate Administrator may grant or deny, in whole or in
part, any petition for reconsideration without further proceedings. In
the event the Associate Administrator reconsider a final order, a final
decision on reconsideration may be issued without further proceedings,
or, in the alternative, additional information, data, and comment may
be requested by the Associate Administrator as deemed appropriate.
    (f) It is the policy of the Associate Administrator to issue notice
of the action taken on a petition for reconsideration expeditiously. In
cases where a substantial delay is expected, notice of that fact and
the date by which it is expected that action will be taken is provided
to the respondent upon request and whenever practicable.
    (g) The Associate Administrator's decision on reconsideration is
the final agency action. Any application for judicial review must be
filed no later than 89 days after the issuance of the decision in
accordance with 49 U.S.C. 60119(a). Failure to raise an issue in a
petition for reconsideration waives the availability of judicial review
of that issue.
    (h) Judicial review of agency action under 49 U.S.C. 60119(a) will
apply the standards of review established in section 706 of title 5.

Subpart C--[Redesignated as Subpart D]

    37. Redesignate existing subpart C as new subpart D.
    38. Add new subpart C to read as follows:

Subpart C--Criminal Enforcement

Sec.  190.291  Criminal penalties generally.

    (a) Any person who willfully and knowingly violates a provision of
49 U.S.C. 60101 et seq. or any regulation or order issued thereunder
will upon conviction be subject to a fine under title 18 and
imprisonment for not more than five years, or both, for each offense.
    (b) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate transmission facility,
any interstate pipeline facility, or any intrastate pipeline facility
used in interstate or foreign commerce or in any activity affecting
interstate or foreign commerce (as those terms are defined in 49 U.S.C.
60101 et seq.) will, upon conviction, be subject to a fine under title
18, imprisonment for a term not to exceed 20 years, or both, for each
offense.
    (c) Any person who willfully and knowingly defaces, damages,
removes, or destroys any pipeline sign, right-of-way marker, or marine
buoy required by 49 U.S.C. 60101 et seq. or any regulation or order
issued thereunder will, upon conviction, be subject to a fine under
title 18, imprisonment for a term not to exceed 1 year, or both, for
each offense.
    (d) Any person who willfully and knowingly engages in excavation
activity without first using an available one-call notification system
to establish the location of underground facilities in the excavation
area; or without considering location information or markings
established by a pipeline facility operator; and
    (1) Subsequently damages a pipeline facility resulting in death,
serious bodily harm, or property damage exceeding $50,000;
    (2) Subsequently damages a pipeline facility and knows or has
reason to know of the damage but fails to promptly report the damage to
the operator and to the appropriate authorities; or
    (3) Subsequently damages a hazardous liquid pipeline facility that
results in the release of more than 50 barrels of product; will, upon
conviction, be subject to a fine under title 18, imprisonment for a
term not to exceed 5 years, or both, for each offense.
    (e) No person shall be subject to criminal penalties under
paragraph (a) of this section for violation of any regulation and the
violation of any order issued under Sec. Sec.  190.217, 190.219 or
190.291 if both violations are based on the same act.

Sec.  190.293  Referral for prosecution.

    If an employee of the Pipeline and Hazardous Materials Safety
Administration becomes aware of any actual or possible activity subject
to criminal penalties under Sec.  190.291, the employee reports it to
the Office of the Chief Counsel, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, Washington,
DC 20590. The Chief Counsel refers the report to OPS for investigation.
Upon completion of the investigation and if appropriate, the Chief
Counsel refers the report to the Department of Justice for criminal
prosecution of the offender.
    39. Section 190.319 is revised to read as follows:

Sec.  190.319  Petitions for extension of time to comment.

    A petition for extension of the time to submit comments must be
submitted to PHMSA in accordance with Sec.  190.309 and received by
PHMSA not later than 10 days before expiration of the time stated in
the notice. The filing of the petition does not automatically extend
the time for petitioner's comments. A petition is granted only if the
petitioner shows good cause for the extension, and if the extension is
consistent with the public interest. If an extension is granted, it is
granted to all persons, and it is published in the Federal Register.
    40. Section 190.321 is revised to read as follows:

Sec.  190.321  Contents of written comments.

    All written comments must be in English. Any interested person
should submit as part of written comments all material considered
relevant to any statement of fact. Incorporation of material by
reference should be avoided; however, where necessary, such
incorporated material shall be identified by document title and page.
    41. In Sec.  190.327, paragraph (b) is revised to read as follows:

Sec.  190.327  Hearings.

* * * * *
    (b) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this subpart. Unless otherwise specified,
hearings held under this part are informal, non-adversarial fact-
finding proceedings, at which there are no formal pleadings or adverse
parties. Any regulation issued in a case in which an informal hearing
is held is not necessarily based exclusively on the record of the
hearing.
* * * * *
    42. In Sec.  190.335, paragraph (a) is revised to read as follows:

Sec.  190.335  Petitions for Reconsideration.

    (a) Except as provided in Sec.  190.339(d), any interested person
may petition the Associate Administrator for reconsideration of any
regulation issued under this subpart, or may petition the Chief Counsel
for reconsideration of any procedural regulation issued under this
subpart and contained in this subpart. The petition must be received
not later than 30 days after publication of the rule in the Federal
Register. Petitions filed after that time will be considered as
petitions filed under Sec.  190.331. The petition must contain a brief
statement of the complaint and an explanation as to why compliance with
the rule is not practicable, is unreasonable, or is not in the public
interest.
* * * * *
    43. Section 190.337 is revised to read as follows:

Sec.  190.337  Proceedings on petitions for reconsideration.

    The Associate Administrator or the Chief Counsel may grant or deny,
in whole or in part, any petition for reconsideration without further
proceedings, except where a grant of the petition would result in
issuance of a new final rule. In the event that the Associate
Administrator or the Chief Counsel determines to reconsider any
regulation, a final decision on reconsideration may be issued without
further proceedings, or an opportunity to submit comment or information
and data as deemed appropriate, may be provided. Whenever the Associate
Administrator or the Chief Counsel determines that a petition should be
granted or denied, the Office of the Chief Counsel prepares a notice of
the grant or denial of a petition for reconsideration, for issuance to
the petitioner, and the Associate Administrator or the Chief Counsel
issues it to the petitioner. The Associate Administrator or the Chief
Counsel may consolidate petitions relating to the same rules.

Sec.  190.338  [Amended]

    44. In Sec.  190.338, paragraph (c) is removed and reserved.
    45. Section 190.341 is amended by revising the heading of
paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), and (j), and
adding paragraph (k) to read as follows:

Sec.  190.341  Special permits.

    (a) What is a special permit? * * *
    (b) How do I apply for a special permit? * * *
    (c) What information must be contained in the application? * * *

    (d) How does PHMSA handle special permit applications? * * *
    (e) Can a special permit be requested on an emergency basis? * * *
    (f) How do I apply for an emergency special permit? * * *
    (g) What must be contained in an application for an emergency
special
    permit? * * *
    (h) In what circumstances will PHMSA revoke, suspend, or modify a
special permit? * * *
    (i) Can a denial of a request for a special permit or a revocation
of an existing special permit be appealed? * * *
    (j) Are documents related to an application for a special permit
available for public inspection? * * *
    (k) Am I subject to enforcement action for non-compliance with the
terms and conditions of a special permit? Yes. PHMSA inspects for
compliance with the terms and conditions of special permits and if a
violation is identified, PHMSA will initiate one or more of the
enforcement actions under subpart B of this part.

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS

    46. The authority citation for Part 192 continues to read as
follows: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113,
60116, 60118, and 60137; and 49 CFR 1.53.
    47. In Sec.  192.603, paragraph (c) is revised read as follows:

Sec.  192.603  General provisions.

* * * * *
    (c) The Administrator or the State Agency that has submitted a
current certification under the pipeline safety laws, (49 U.S.C. 60101
et seq.) with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.206 or the relevant State procedures,
require the operator to amend its plans and procedures as necessary to
provide a reasonable level of safety.

PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY
STANDARDS

    48. The authority citation for Part 193 continues to read as
follows: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109, 60110,
60113, 60118; and 49 CFR 1.53.
    49. In Sec.  193.2017, paragraph (b) is revised read as follows:

Sec.  192.2017  Plans and procedures.

* * * * *
    (b) The Administrator or the State Agency that has submitted a
current certification under section 5(a) of the Natural Gas Pipeline
Safety Act with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.206 or the relevant State procedures,
require the operator to amend its plans and procedures as necessary to
provide a reasonable level of safety.
* * * * *

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

    50. The authority citation for Part 195 continues to read as
follows: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116, 60118, and
60137; and 49 CFR 1.53.
    51. In Sec.  195.402, paragraph (b) is revised read as follows:

Sec.  195.402  Procedural manual for operations, maintenance, and
emergencies.

* * * * *
    (b) The Administrator or the State Agency that has submitted a
current certification under the pipeline safety laws (49 U.S.C. 60101
et seq.) with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.206 or the relevant State procedures,
require the operator to amend its plans and procedures as necessary to
provide a reasonable level of safety.
* * * * *

PART 199--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

    52. The authority citation for Part 199 continues to read as
follows: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR
1.53.
    53. In Sec.  199.101, paragraph (b) is revised read as follows:

Sec.  199.101  Anti-drug plan.

* * * * *
    (b) The Administrator or the State Agency that has submitted a
current certification under the pipeline safety laws (49 U.S.C. 60101
et seq.) with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.206 or the relevant State procedures,
require the operator to amend its plans and procedures as necessary to
provide a reasonable level of safety.

    Issued in Washington, DC, on August 6, 2012.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2012-19571 Filed 8-10-12; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47635-47638]
[FR Doc No: 2020-17124]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0987; Product Identifier 2019-NM-144-AD; Amendment
39-19922; AD 2020-12-13]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. This AD was prompted by reports that during airplane
wing fatigue testing, fatigue cracks were found on the lower right-
hand-side wing plank at the end of the integrally machined stringers,
which led to a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires, for certain airplanes,
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective September 10, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 10,
2020.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet https://www.bombardier.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0987.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0987; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-21, dated May 15,
2019 (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0987.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The
NPRM published in the Federal Register on December 27, 2019 (84 FR
71335). The NPRM was prompted by reports that during airplane wing
fatigue testing, fatigue cracks were found on the lower right-hand-side
wing plank at the end of the integrally machined stringers, which led
to a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require, for certain
airplanes, revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is issuing this AD to address undetected cracks on
the lower wing plank at the stringer run-out, which could affect the
structural integrity of the wing. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Clarify Affected AD

    Air Wisconsin Airlines stated that paragraph (b) of the proposed AD
specifies the affected ADs as ``None,'' and that although AD 2016-17-
15, Amendment 39-18628 (81 FR 59839, August 31, 2016) (``AD 2016-17-
15''), may not be affected by the NPRM, it is associated with it. The
FAA infers that Air Wisconsin Airlines is requesting clarification of
AD 2016-17-15 as an affected AD and if it should be cited in paragraph
(b) of the proposed AD.
    The FAA agrees to clarify. The FAA acknowledges this AD affects AD
2016-17-15. ADs that are superseded or are terminated (or partially
terminated) by an AD are listed in paragraph (b) of that AD. The FAA
has added paragraph (j) to the AD to specify that accomplishing the
revision required by paragraph (g) of this AD terminates the
requirement to incorporate airworthiness limitations (AWL) task 57-21-
112 in Part 6--Eddy Current, of Canadair Regional Jet CRJ200
Nondestructive Testing Manual, CSP A-010, Revision 40, dated November
10, 2018 (``AWL task 57-21-112''), as specified in paragraph (g)(12) of
AD 2016-17-15. The FAA has also added AD 2016-17-15 to paragraph (b) of
this AD.

Request To Revise a Certain Service Information Citation

    Bombardier requested that the FAA revise the service information
citation in paragraph (g) of the proposed AD for the

initial compliance time for AWL task 57-21-112. Bombardier stated that
the maintenance review manual specifies the inspection intervals and
not the nondestructive testing manual specified in paragraph (g) of the
proposed AD.
    The FAA agrees with the commenter for the reason provided by the
commenter. The FAA has revised paragraph (g) of this AD to state that
the initial compliance time for doing the task is at the at the next
scheduled inspection as specified in AWL task 57-21-112, or within 30
days after the effective date of this AD, whichever occurs later.

Request To Provide Clarification to the NPRM

    Air Wisconsin Airlines stated that it infers that the intent of
paragraph (g) of the proposed AD is to incorporate the nondestructive
testing (NDT) inspection introduced in Bombardier Canadair Regional Jet
CRJ200 Nondestructive Testing Manual, CSP A-010, Revision 40, dated
November 10, 2018 (``NDT Manual, Revision 40''), as AD 2016-17-15
already requires incorporation of AWL task 57-21-112 into an operator's
maintenance program. Air Wisconsin Airlines stated that if it is
required to use only NDT Manual, Revision 40, then it would suggest
that an alternative method of compliance (AMOC) would be required for
every revision issued after that to the NDT manual, as required by AD
2009-06-12, Amendment 39-15848 (74 FR 10457, March 11, 2009), for the
fault isolation manual (FIM). Air Wisconsin Airlines asked if that is
the intent of the NPRM, or is the intent of the NPRM as specified in
the MCAI to prohibit the use of earlier revisions of the NDT manual.
The FAA infers that Air Wisconsin Airlines is requesting the FAA
clarify the intent of paragraph (g) of the NPRM.
    The FAA agrees to clarify the intent of paragraph (g) of this AD.
The intent is to prohibit the use of revisions prior to NDT Manual,
Revision 40. The FAA revised the language in paragraph (g) of this AD
to specify operators to ``revise the existing maintenance or inspection
program, as applicable, to incorporate the information in AWL task 57-
21-112, as specified in Part 6--Eddy Current, of Bombardier Canadair
Regional Jet CRJ200 Nondestructive Testing Manual, CSP A-010, Revision
40, dated November 10, 2018.'' The revised language in paragraph (g) of
this AD is designed to allow incorporating the specific information,
regardless of the revision level of the NDT manual, in use, so long as
the language is identical to the information in NDT Manual, Revision
40. Bombardier Canadair Regional Jet CRJ200 Nondestructive Testing
Manual, CSP A-010, Revision 41, dated October 10, 2019, includes the
same information that is specified in NDT Manual, Revision 40. If a
revision of the NDT manual does not contain the same information for
AWL task 57-21-112, as specified in NDT Manual, Revision 40, operators
may request an AMOC using the procedures specified in paragraph (k)(1)
of this AD.

Request To Incorporate a Certain Temporary Revision

    Bombardier requested that paragraph (h) of the proposed AD state
that the incorporation of Bombardier CL-600-2B19 Temporary Revision 2B-
2273, dated October 31, 2019, to Appendix B--Airworthiness Limitations,
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual
(``Temporary Revision 2B-2273''), into the next full manual revision
also meets the requirements of paragraph (h) of the proposed AD.
    The FAA agrees with the commenter that the next full manual
revision that incorporates the information in Temporary Revision 2B-
2273 will meet the requirements of paragraph (h) of this AD. The FAA
has revised the language in paragraph (h) of this AD to specify that
operators ``revise the existing maintenance or inspection program, as
applicable, to incorporate the information in AWL task 57-21-169, as
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part 2
of the Bombardier CL-600-2B19 Maintenance Requirements Manual.''
    This revised language requires including the information that is
provided in the referenced temporary revision. The revised language in
paragraph (h) of this AD is designed to allow incorporating the
specific information, regardless of the revision level of the NDT
manual in use, so long as the information is identical to that in
Temporary Revision 2B-2273.

Request To Clarify the Inspection Method

    Air Wisconsin stated that paragraph (h) of the proposed AD
specifies that the requirement is to incorporate AWL task 57-21-169, as
specified in Temporary Revision 2B-2273 for which there is no existing
inspection in the NDT manual. Air Wisconsin stated that Temporary
Revision 2B-2273 does not indicate how to perform this inspection and
that it only states to perform it, dependent upon maximum take-off
weight (MTOW) if over the threshold from the last inspection per AWL
task 57-21-112. Air Wisconsin commented that there needs to be a method
of performing the inspection in the NDT manual, because AWL task 57-21-
112 may have been incorporated into a maintenance program many years
ago and inspections using the NDT Manual, Revision 40, may have been
performed immediately after its publication. Air Wisconsin also
commented that depending on utilization, there may be less than 100
cycles remaining before the inspection is required to be performed at
the effective date of the AD, and therefore, there needs to be a better
phase-in schedule than that shown in Temporary Revision 2B-2273, or an
inspection method is required to be published sooner than later. The
FAA infers that Air Wisconsin is requesting clarification for the
inspection method.
    The FAA agrees to clarify the inspection method. Temporary Revision
2B-2273 does provide an inspection method because it identifies the
inspection type as a special detailed inspection and includes a
reference to AWL task 57-21-169. The inspection method is available in
the NDT manual.
    Regarding the phase-in schedule, the FAA notes that paragraph (h)
of this AD provides a 30-day grace period for the initial compliance
time. Operators may also request an AMOC to extend the compliance time
using the procedures specified in paragraph (k)(1) of this AD. The FAA
has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Airworthiness Limitations task 57-21-112 to
Part 6--Eddy Current, of Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. This
service information describes airworthiness

limitations for doing a special detailed inspection of the lower wing
skin splice joints at buttock line (BL) 45.00, wing station (WS) 65.75,
and WS148.00.
    Bombardier has also issued CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual.
This service information describes airworthiness limitations for doing
an inspection for cracking on the lower wing plank at the stringer run-
out.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 464 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-12-13 Bombardier, Inc.: Amendment 39-19922; Docket No. FAA-
2019-0987; Product Identifier 2019-NM-144-AD.

(a) Effective Date

    This AD is effective September 10, 2020.

(b) Affected ADs

    This AD affects AD 2016-17-15, Amendment 39-18628 (81 FR 59839,
August 31, 2016) (``AD 2016-17-15'').

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial number 7003 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that during airplane wing
fatigue testing, fatigue cracks were found on the lower right-hand-
side wing plank at the end of the integrally machined stringers,
which led to a determination that new or more restrictive
airworthiness limitations are necessary. The FAA is issuing this AD
to address undetected cracks on the lower wing plank at the stringer
run-out, which could affect the structural integrity of the wing.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision for Task 57-21-112

    For airplanes on which Bombardier Service Bulletin 601R-57-044
has not been done: Within 30 days after the effective date of this
AD, revise the existing maintenance or inspection program, as
applicable, to incorporate the information in airworthiness
limitations (AWL) task 57-21-112, as specified in Part 6--Eddy
Current, of Bombardier Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. The
initial compliance time for doing the task is at the next scheduled
inspection as specified in AWL task 57-21-112, or within 30 days
after the effective date of this AD, whichever occurs later.

(h) Maintenance or Inspection Program Revision for Task 57-21-169

    For airplanes on which Bombardier Service Bulletin 601R-57-044
has been done: Within 30 days after the effective date of this AD,
revise the existing maintenance or inspection program, as
applicable, to incorporate the information in AWL task 57-21-169, as
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements
Manual. The initial compliance time for doing the task is at the
time specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements
Manual, or within 30 days after the effective date of this AD,
whichever occurs later.

(i) No Alternative Actions or Intervals

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

(j) Terminating Action for a Certain Requirement of AD 2016-17-15.

    Accomplishing the revision required by paragraph (g) of this AD
terminates the requirement to incorporate AWL 57-21-112

as specified in paragraph (g)(12) of AD 2016-17-15.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-21, dated May 15, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0987.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airworthiness Limitations task 57-21-112 to Part 6--Eddy
Current, of Bombardier Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018.
    (ii) Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part
2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet https://www.bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-17124 Filed 8-5-20; 8:45 am]
BILLING CODE 4910-13-P