MEMORANDUM
TO: Air and Radiation Docket EPA-HQ-OAR-2012-0401
FROM: EPA Office of Transportation and Air Quality
DATE: December 19, 2013
SUBJECT: Teleconference with Edeniq, Inc.
On December 9, 2013, Office of Transportation and Air Quality (OTAQ) staff held a teleconference with staff of Edeniq, Inc. This memorandum provides written documentation and a brief summary of this teleconference.
This teleconference discussed Edeniq technologies used to convert cellulosic material to ethanol as relative to the Notice of Proposed Rulemaking, Regulation of Fuels and Fuel Additives: RFS Pathways II and Technical Amendments to the RFS 2 Standards (Docket ID EPA-HQ-OAR-2012-0401). OTAQ staff participating included Dallas Burkholder, Sharyn Lie, Vincent Camobreco, Robert Larson, Christopher Ramig, Jon Monger, Aaron Levy, Michael Prince, and AAAS fellows Lauren Rafelski and David Babson.
Edeniq representatives included Tom Griffin, CTO; Scott Crane, SVP North America; Steve Rust, VP Sales & Marketing; Dan Michalopoulos, VP of Technology; Richard Woods- VP of Commercialization; Ed Childs, Director of Engineering; and Kris Ramos, R&D Section Head.


[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37051-37052]
[FR Doc No: 2023-12032]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP23-797-000.
    Applicants: Sabal Trail Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Seminole
Electric K850037 to be effective 6/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5029.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-798-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Periodic Rate Adjustment--Fuel
and L&U Retention Percentages July 2023 to be effective 7/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5047.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-799-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: 5-31-23 Fuel Tracker to be
effective 7/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5053.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-800-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Interim Fuel and Losses
Retention Adjustment to be effective 7/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5063.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-801-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agmt Update
(Conoco--June 23) to be effective 6/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5107.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-802-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Hartree June 2023) to be effective 6/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5128.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-803-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20230531 Negotiated Rate to be
effective 6/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5139.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-804-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: REX 2023-05-31 Negotiated Rate
Agreements to be effective 6/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5162.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-805-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: RP 2023-05-31 Negotiated Rate
Agreement to be effective 7/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5167.
    Comment Date: 5 p.m. ET 6/12/23.

    Docket Numbers: RP23-806-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol. 2--Negotiated Rate
Agreement--Tenaska FTS-P to be effective 6/1/2023.
    Filed Date: 5/31/23.
    Accession Number: 20230531-5216.
    Comment Date: 5 p.m. ET 6/12/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and

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

    Dated: May 31, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-12032 Filed 6-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Proposed Rules]
[Pages 16321-16324]
[FR Doc No: 2015-06746]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0248; Directorate Identifier 2014-NM-143-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2013-08-
23, which applies to all The Boeing Company Model DC-10-10, DC-10-10F,
DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F,
MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD 2013-08-23
currently requires adding design features to detect electrical faults
and to detect a pump running in an empty fuel tank. Since we issued AD
2013-08-23, we have determined that it is necessary to clarify the
requirements for the design features and to remove a terminating action
for certain inspections. This proposed AD would clarify certain
requirements and remove a terminating action. This proposed AD would
also provide an optional method of compliance for the proposed actions.
We are proposing this AD to reduce the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors,
could result in fuel tank explosions and consequent loss of the
airplane.

DATES: We must receive comments on this proposed AD by May 11, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0248.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0248; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0248;
Directorate Identifier 2014-NM-143-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On April 10, 2013, we issued AD 2013-08-23, Amendment 39-17441 (78
FR 24037, April 24, 2013), for all The Boeing Company Model DC-10-10,
DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40,
DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. AD 2013-
08-23 requires adding design features to detect electrical faults and
to detect a pump running in an empty fuel tank. AD 2013-08-23 resulted
from fuel system reviews conducted by the manufacturer. We issued AD
2013-08-23 to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Actions Since AD 2013-08-23, Amendment 39-17441 (78 FR 24037, April 24,
2013), Was Issued

    Since we issued AD 2013-08-23, Amendment 39-17441 (78 FR 24037,
April 24, 2013), we have determined

that it is necessary to clarify the requirements for the design
features and to remove a terminating action for certain inspections. In
addition, The Boeing Company has issued new service information, which
provides optional alternative methods of compliance for the actions
required by AD 2013-08-23.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information, which describes
procedures for changing the fuel pump control and indication system
wiring:
     Boeing Service Bulletin DC10-28-256, dated June 24, 2014;
and
     Boeing Service Bulletin MD11-28-137, dated June 24, 2014.
    We have also reviewed Appendixes B, C, and D of Boeing Special
Compliance Item Report MDC-02K1003, Revision M, dated July 25, 2014,
which include Critical Design Configuration Control Limitations
(CDCCLs), Airworthiness Limitations Instructions (ALIs), and short-term
extensions.
    Boeing Service Bulletin MD11-28-137, dated June 24, 2014, specifies
prior or concurrent accomplishment of Boeing Alert Service Bulletin
MD11-28A133, dated June 5, 2014. Boeing Alert Service Bulletin MD11-
28A133, dated June 5, 2014, describes procedures for replacing the fuel
pump control relays with fault current detectors and changing the fuel
tank boost/transfer pump wire termination.
    Boeing Service Bulletin DC10-28-256, dated June 24, 2014, specifies
prior or concurrent accomplishment of Boeing Alert Service Bulletin
DC10-28A253, dated June 5, 2014. Boeing Alert Service Bulletin DC10-
28A253, dated June 5, 2014, describes procedures for replacing the fuel
pump control relays with fault current detectors and changing the fuel
tank boost/transfer pump wire termination.
    This service information is reasonably available; see ADDRESSES for
ways to access this service information.

Clarification of the Requirements for the Design Features

    In the introductory text of paragraph (g) of this proposed AD, we
have added the text ``for the auxiliary fuel tank'' to the last
sentence to clarify that, for airplanes on which Boeing-installed
auxiliary fuel tanks are removed, only the actions specified in this AD
for the auxiliary fuel tanks are not required.
    In paragraph (g)(1) of this proposed AD, we have added the text
``and each pump that is partially covered by a lowering fuel level''
and ``main tanks'' to the first sentence to clarify the pumps that must
have a protective device installed.

Removal of a Terminating Action for Certain Actions

    Paragraph (h) of AD 2013-08-23, Amendment 39-17441 (78 FR 24037,
April 24, 2013), specifies, in part, that accomplishing the actions
required by paragraph (g)(1) of that AD terminates certain inspections
and tests required by paragraph (a) of AD 2002-13-10, Amendment 39-
12798 (67 FR 45053, July 8, 2002), and repetitive inspections required
by paragraph (j) of AD 2011-11-05, Amendment 39-16704 (76 FR 31462,
June 1, 2011), for pumps affected by those ADs. However, we have
determined that accomplishing the actions required by paragraph (g)(1)
of AD 2013-08-23 (which is restated in paragraph (g)(1) of this
proposed AD) does not terminate those actions and, therefore, we have
not retained the terminating action in this proposed AD. The actions
specified in paragraph (h) of this proposed AD (i.e., a new optional
method of compliance in lieu of paragraph (g) of this proposed AD)
would extend the compliance times for certain inspections and tests
required by paragraph (a) of AD 2002-13-10, and repetitive inspections
required by paragraph (j) of AD 2011-11-05, from 18-month intervals to
24-month intervals. We have added paragraph (j) to this proposed AD to
specify that accomplishing the actions in paragraph (h) of this
proposed AD would extend certain repetitive intervals.

Revised Compliance Time

    We have determined that it is appropriate to allow additional time
to accomplish the design features and requirements specified in this
proposed AD. Therefore, we have added a compliance time ``as of 48
months after the effective date of this AD'' to paragraph (g) of this
proposed AD. We have determined that this extension of the compliance
time will provide an acceptable level of safety.

Related AD

    On November 12, 2009, we issued AD 2008-06-21 R1, Amendment 39-
16100 (74 FR 61504, November 25, 2009), for all McDonnell Douglas
Corporation Model DC-10-10 and DC-10-10F airplanes, Model DC-10-15
airplanes, Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes,
Model DC-10-40 and DC-10-40F airplanes, Model MD-10-10F and MD-10-30F
airplanes, and Model MD-11 and MD-11F airplanes. AD 2008-06-21 R1
requires revising the maintenance program or the Airworthiness
Limitations (AWLs) section of the Instructions for Continued
Airworthiness to incorporate inspections and CDCCLs.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2013-08-
23, Amendment 39-17441 (78 FR 24037, April 24, 2013), clarify certain
requirements, and remove a certain terminating action. This proposed AD
would also provide a new optional method of compliance for the actions
required by AD 2013-08-23.
    This proposed AD specifies to revise certain operator maintenance
documents to include new actions (e.g., inspections) and Critical
Design Configuration Control Limitations (CDCCLs). Compliance with
these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the areas
addressed by this proposed AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance according to paragraph (k) of this
proposed AD. The request should include a description of changes to the
required actions and CDCCLs that will ensure the continued operational
safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 341 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installing design features using a      152 work-hours x $85 per        $137,500        $150,420     $51,923,220
 method approved by the FAA [retained    hour = $12,920.
 action from AD 2013[dash]08-23,
 Amendment 39[dash]17441 (78 FR 24037,
 April 24, 2013)].
Installing design features using        98 work-hours x $85 per          109,000         117,330      40,478,850
 service information specified in        hour = $8,330.
 paragraph (h) of this proposed AD
 (including revising the maintenance/
 inspection program) [new option of
 this proposed AD].
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2013-08-23, Amendment 39-17441 (78 FR 24037, April 24, 2013), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2015-0248; Directorate Identifier
2014-NM-143-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 11, 2015.

(b) Affected ADs

    (1) This AD replaces AD 2013-08-23, Amendment 39-17441 (78 FR
24037, April 24, 2013).
    (2) This AD affects AD 2008-06-21 R1, Amendment 39-16100 (74 FR
61504, November 25, 2009).
    (3) This AD affects AD 2002-13-10, Amendment 39-12798 (67 FR
45053, July 8, 2002).
    (4) This AD affects AD 2011-11-05, Amendment 39-16704 (76 FR
31462, June 1, 2011).

(c) Applicability

    This AD applies to all The Boeing Company Model airplanes
identified in paragraphs (c)(1) and (c)(2) of this AD, certificated
in any category.
    (1) DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A
and KDC-10), DC-10-40, DC-10-40F airplanes.
    (2) MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by a fuel system review conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

(f) Compliance

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

(g) Retained Criteria for Operation, With Clarifications and New
Compliance Time

    This paragraph restates the actions required by paragraph (g) of
AD 2013-08-23, Amendment 39-17441 (78 FR 24037, April 24, 2013),
with clarification of actions for airplanes with auxiliary fuel
tanks removed, clarification of the pumps that must have a
protective device installed, and a new compliance time. Except as
provided by paragraph (h) of this AD: As of 48 months after the
effective date of this AD, no person may operate any airplane
affected by this AD unless an amended type certificate or
supplemental type certificate that incorporates the design features
and requirements described in paragraphs (g)(1) through (g)(4) of
this AD has been approved by the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, and those design features are
installed on the airplane to meet the criteria specified in 14 CFR
Section 25.981(a) and (d), at Amendment level 25-125. For airplanes
on which Boeing-installed auxiliary fuel tanks are removed, the
actions specified in this AD for the auxiliary fuel tanks are not
required.
    (1) For all airplanes: Each electrically powered alternating
current (AC) fuel pump installed in any fuel tank that normally
empties during flight and each pump that is partially covered by a
lowering fuel level--such as main tanks, center wing tanks,
auxiliary fuel tanks installed by the airplane manufacturer, and
tail tanks--must have a protective device installed to detect
electrical faults that can cause arcing and burn through of the fuel
pump housing and pump electrical connector. The same device must
shut off the pump by automatically removing electrical power from
the pump when such faults are detected. When a fuel pump is shut off
resulting from detection of an electrical fault, the device must
stay latched off, until

the fault is cleared through maintenance action and the pump is
verified safe for operation.
    (2) For airplanes with a 2-person flight crew: Additional design
features, if not originally installed by the airplane manufacturer,
must be installed to meet 3 criteria: To detect a running fuel pump
in a tank that is normally emptied during flight, to provide an
indication to the flight crew that the tank is empty, and to
automatically shut off that fuel pump. The prospective pump
indication and shutoff system must automatically shut off each pump
in case the flight crew does not shut off a pump running dry in an
empty tank within 60 seconds after each fuel tank is emptied. An
airplane flight manual supplement (AFMS) that includes flight crew
manual pump shutoff procedures in the Limitations Section of the
AFMS must be submitted to the Los Angeles ACO, FAA, for approval.
    (3) For airplanes with a 3-person flight crew: Additional design
features, if not originally installed by the airplane manufacturer,
must be installed to detect when a fuel pump in a tank that is
normally emptied during flight is running in an empty fuel tank, and
provide an indication to the flight crew that the tank is empty. The
flight engineer must manually shut off each pump running dry in an
empty tank within 60 seconds after the tank is emptied. The AFMS
Limitations section must be revised to specify that this pump
shutoff must be done by the flight engineer.
    (4) For all airplanes with tanks that normally empty during
flight: Separate means must be provided to detect and shut off a
pump that was previously commanded to be shut off automatically or
manually but remained running in an empty tank during flight.

(h) New Optional Method of Compliance

    In lieu of doing the requirements of paragraph (g) of this AD,
do the applicable actions specified in paragraphs (h)(1), (h)(2),
and (h)(3) of this AD.
    (1) For MD-11 and MD-11F airplanes: Do the actions specified in
paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) As of 48 months after the effective date of this AD, change
the fuel pump control and indication system wiring, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin MD11-28-137, dated June 24, 2014.
    (ii) Prior to or concurrently with accomplishing the actions
specified in paragraph (h)(1)(i) of this AD: Replace the fuel pump
control relays with fault current detectors, and change the fuel
tank boost/transfer pump wire termination, in accordance with
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A133, dated June 5, 2014.
    (2) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F
airplanes: Do the actions specified in paragraphs (h)(2)(i) and
(h)(2)(ii) of this AD.
    (i) As of 48 months after the effective date of this AD, change
the fuel pump control and indication system wiring, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin
DC10-28-256, dated June 24, 2014.
    (ii) Prior to or concurrently with accomplishing the actions
specified in paragraph (h)(2)(i) of this AD: Replace the fuel pump
control relays with fault current detectors, and change the fuel
tank boost/transfer pump wire termination, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin DC10-
28A253, dated June 5, 2014.
    (3) For all airplanes: Within 30 days after accomplishing the
actions required by paragraph (h)(1) or (h)(2) of this AD, or within
30 days after the effective date of this AD, whichever occurs later,
revise the maintenance or inspection program, as applicable, to
incorporate the Critical Design Configuration Control Limitations
(CDCCLs), Airworthiness Limitations Instructions (ALIs), and short-
term extensions specified in Appendix B, C, and D of Special
Compliance Item (SCI) Report MDC-02K1003, Revision M, dated July 25,
2014. The initial compliance time for accomplishing the actions
specified in the ALIs is at the later of the times specified in
paragraphs (h)(3)(i) and (h)(3)(ii) of this AD. Revising of the
maintenance or inspection program required by this paragraph
terminates the requirements in paragraph (g) and (h) of AD 2008-06-
21 R1, Amendment 39-16100 (74 FR 61504, November 25, 2009).
    (i) At the applicable time specified in Appendix C of SCI Report
MDC-02K1003, Revision M, dated July 25, 2014, except as provided by
Appendix D of SCI Report MDC-02K1003, Revision M, dated July 25,
2014.
    (ii) Within 30 days after accomplishing the actions required by
paragraph (h)(1) or (h)(2) of this AD, or within 30 days after the
effective date of this AD, whichever occurs later.

(i) No Alternative Actions, Intervals, or CDCCLs

    If the option in paragraph (h)(3) of this AD is accomplished:
After the maintenance or inspection program has been revised, as
provided by paragraph (h)(3) of this AD, no alternative actions
(e.g., inspections), intervals, or CDCCLs may be used unless the
actions, intervals, or CDCCLs are approved as an alternative method
of compliance (AMOC) in accordance with the procedures specified in
paragraph (k) of this AD.

(j) Compliance Time Extension in Related ADs

    Accomplishment of the actions specified in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD, as applicable, extends the 18-month
repetitive inspections and tests required by paragraph (a) of AD
2002-13-10, Amendment 39-12798 (67 FR 45053, July 8, 2002), and the
18-month repetitive inspections required by paragraph (j) of AD
2011-11-05, Amendment 39-16704 (76 FR 31462, June 1, 2011), to 24-
month intervals for pumps affected by those ADs, regardless if the
pump is installed in a tank that normally empties, provided the
remaining actions required by those two ADs have been accomplished.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), 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 ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) AMOCs approved for AD 2013-08-23, Amendment 39-17441 (78 FR
24037, April 24, 2013), are approved as AMOCs for the corresponding
provisions of this AD.

(l) Related Information

    (1) For more information about this AD, contact Serj Harutunian,
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, California 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-06746 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70737-70738]
[FR Doc No: 2016-24755]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2013-0107; FMCSA-2013-0108]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions of six
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were effective on December 23, 2015. The
exemptions will expire on December 23, 2017. Comments must be received
on or before November 14, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2006-25854; FMCSA-2013-0107;
FMCSA-2013-0108 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these

comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two years if it finds ``such exemption would likely achieve a level
of safety that is equivalent to or greater than the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person:

Has no established medical history or clinical diagnosis of epilepsy
or any other condition which is likely to cause the loss of
consciousness or any loss of ability to control a CMV.

    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The six individuals listed in this notice have requested renewal of
their exemptions from the Epilepsy and Seizure Disorders prohibition in
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the six applicants has satisfied the conditions for obtaining an
exemption from the Epilepsy and Seizure Disorder requirements and were
published in the Federal Register (78 FR 77774). In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce.
    The six drivers in this notice remain in good standing with the
Agency, have maintained their medical monitoring and have not exhibited
any medical issues that would compromise their ability to safely
operate a CMV during the previous two-year exemption period. FMCSA has
concluded that renewing the exemptions for each of these applicants is
likely to achieve a level of safety equal to that existing without the
exemption. Therefore, FMCSA has decided to renew each exemption for a
two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each
driver received a renewed exemption.
    As of December 23, 2015, the following six drivers received renewed
exemptions. Each of these individuals have satisfied the renewal
conditions for obtaining an exemption from the Epilepsy and Seizure
Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs in
interstate commerce (78 FR 77774):

Stephen Amell (VT)
Gary Freeman (AL)
Aaron Gillette (SD)
David Kestner (VA)
Michael Kramer (KS)
Chad Smith (MA)
    These drivers were included in FMCSA-2006-25854; FMCSA-2013-0107;
and FMCSA-2013-0108. The exemptions were effective on December 23,
2015, and will expire on December 23, 2017.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the two-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official. The exemption will be rescinded if: (1) The person fails to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the six exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the Epilepsy
and Seizure Disorders requirement in 49 CFR 391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two
years unless revoked earlier by FMCSA.

    Issued on: October 4, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24755 Filed 10-12-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40346-40347]
[FR Doc No: 2022-14329]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0052]

Advisory Committee on Underride Protection

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

ACTION: Solicitation of nominations for appointment to the advisory
committee on Underride Protection (ACUP).

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

SUMMARY: NHTSA is soliciting applications for appointment to the U.S.
Department of Transportation's (DOT) ACUP. The purpose of ACUP is to
provide advice and recommendations to the Secretary of Transportation
on safety regulations to reduce underride crashes and fatalities
relating to underride crashes.

DATES: Applications for membership must be received by NHTSA on or
before 5 p.m. EST, August 5, 2022.

ADDRESSES: If you wish to apply for membership, your application should
be submitted to:
     Email: [email protected].
     Mail: Use only overnight mail and send to: U.S. Department
of Transportation, National Highway Traffic Safety Administration,
Office of Rulemaking, Attn: ACUP, 1200 New Jersey Avenue SE, NRM-130,
Washington, DC 20590.
    The ACUP charter can be found in the docket to this notice.

FOR FURTHER INFORMATION CONTACT: James Myers, Chief, Special Vehicles
and Systems Division, Office of Rulemaking, National Highway Traffic
Safety Administration, U.S. Department of Transportation,
[email protected] or<PHONE_NUMBER>. Any committee related questions
should be sent to the person listed in this section.

SUPPLEMENTARY INFORMATION:

Background

    ACUP is established pursuant to Section 23011(d) of the Bipartisan
Infrastructure Law (BIL), enacted as the Infrastructure Investment and
Jobs Act,

Public Law 117-58, which requires the creation of an advisory committee
on underride protection, and in accordance with the Federal Advisory
Committee Act, 5 U.S.C. app. 2. ACUP provides information, advice, and
recommendations to the Secretary of Transportation on safety
regulations to reduce underride crashes and fatalities relating to
underride crashes.

Description of Duties

    The Committee shall act solely in an advisory capacity. Duties
include the following:
    a. Gather information as necessary to discuss issues presented by
the Designated Federal Officer (DFO).
    b. Deliberate on issues relevant to safety regulations related to
underride crashes and fatalities from underride crashes.
    c. Provide written consensus advice to the Secretary on underride
protection to reduce underride crashes and fatalities relating to
underride crashes.
    d. Submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a biennial report that--
    i. describes the advice and recommendations made to the Secretary;
and
    ii. includes an assessment of progress made by the Secretary in
advancing safety regulations relating to underride crashes.

Membership

    In accordance with BIL, ACUP will comprise not more than 20 members
who are qualified to serve on the Committee because of their expertise,
training, or experience. The Committee shall include two
representatives from each of the following categories:

 Truck and trailer manufacturers.
 Motor carriers, including independent owner-operators.
 Law enforcement.
 Motor vehicle engineers.
 Motor vehicle crash investigators.
 Truck safety organizations.
 The insurance industry.
 Emergency medical service providers.
 Families of underride crash victims.
 Labor organizations.

    To ensure the recommendations of the Committee have considered the
needs of diverse groups served by the Department, the membership of the
Committee shall, to the extent practicable, include persons with lived
experience and knowledge of the needs of underrepresented groups with
regard to race, ethnicity, religion, disability, sexual orientation,
gender identity, and other factors.
    The Secretary of Transportation shall appoint each member for the
duration of the charter, which is 2 years, unless otherwise renewed in
accordance with FACA. The Secretary may reappoint a member or terminate
any member's tenure at his discretion. The Secretary may extend
appointments and may appoint replacements for members who have resigned
outside a stated term, as necessary. If a member's status as a
representative of an identified category materially changes after
appointment, the member's representative status will be terminated,
unless certain requirements are met. These requirements include the
following: (1) continued active involvement in the identified category,
(2) the concurrence by the NHTSA Administrator with the
representative's continued participation, (3) the member's continued
participation is consistent with applicable statutory authorities and
Presidential directives, and the (4) the member's continued
participation is deemed essential for the fulfillment of the
committee's mission.
    ACUP members will not receive pay or other compensation from NHTSA
for their ACUP service, but are entitled to reimbursement of their
travel expenses, including per diem. The ACUP shall meet at least once
a year.

Qualifications

    Members will be selected for their expertise, training, or
experience and their ability to represent one of the identified
categories.

Materials To Submit

    Qualified individuals interested in serving on the ACUP are invited
to apply for appointment by submitting a resume or curriculum vitae
along with letters of recommendation to one of the locations listed in
the ADDRESSES section by the deadline listed in the DATES section.
Please include your full legal name and date of birth in your
application. Each applicant must identify the category that he or she
seeks to represent. Nominations are open to all individuals without
regard to race, color, religion, sex, national origin, age, mental or
physical disability, marital status, or sexual orientation. Evaluations
will be based on the materials submitted.
    Authority: Issued under authority in 49 CFR 1.95 and 501.8.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-14329 Filed 7-5-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Rules and Regulations]
[Pages 19179-19180]
[FR Doc No: 2018-09327]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0369]

Special Local Regulation; Atlantic City International Triathlon,
Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation; change of enforcement
date.

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

SUMMARY: The Coast Guard will enforce the special local regulation on
the waters of the New Jersey Intracoastal Waterway (ICW), near Atlantic
City, New Jersey, from 6 a.m. to 8 p.m. on August 11, 2018. This action
is necessary to ensure safety of life on the navigable waters of the
United States during a triathlon event. The purpose of this notice is
to announce a change in the date in which the event is being held.

DATES: The regulations in 33 CFR 100.501 will be enforced from 6 a.m.
to 8 p.m. on August 11, 2018, for the special local regulation listed
as (a.)12 in the Table to Sec.  100.501.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Edmund
Ofalt, Waterways Management Branch, U.S. Coast Guard Sector Delaware
Bay; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: From 6 a.m. to 8 p.m. on August 11, 2018,
the Coast Guard will enforce the special local regulation at 33 CFR
100.501, table to Sec.  100.501(a.)12 for the regulated area located in
the New Jersey ICW in Atlantic City, NJ. The published enforcement
periods for this event include ``Aug--2nd or 3rd Sunday.'' We are
announcing a change of enforcement date for this year's event with this

notice of enforcement because August 11, 2018 is the second Saturday in
August.
    Coast Guard regulations for recurring marine events and regattas
within Captain of the Port Delaware Bay Zone, appear in Sec.  100.501,
Coast Guard Sector Delaware Bay, COTP Zone which specifies the location
of the regulated area for this regulated area as all waters of the New
Jersey ICW bounded by a line connecting the following points: Latitude
39[deg]21'20'' N, longitude 074[deg]27'18'' W, thence northeast to
latitude 39[deg]21'27.47'' N, longitude 074[deg]27'10.31'' W, thence
northeast to latitude 39[deg]21'33'' N, longitude 074[deg]26'57'' W,
thence northwest to latitude 39[deg]21'37'' N, longitude
074[deg]27'03'' W, thence southwest to latitude 39[deg]21'29.88'' N,
longitude 074[deg]27'14.31'' W, thence south to latitude 39[deg]21'19''
N, longitude 074[deg]27'22'' W, thence east to latitude
39[deg]21'18.14'' N, longitude 074[deg]27'19.25'' W, thence north to
point of origin, near Atlantic City, NJ.
    The Captain of the Port, Delaware Bay will be enforcing the Special
Local Regulation as specified in Sec.  [thinsp]100.501(c).
    This notice of enforcement is issued under authority of 33 CFR
100.501 and 33 U.S.C. 1233. The Coast Guard will provide the maritime
community with advanced notice of enforcement of regulation by
Broadcast Notice to Mariners (BNM), Local Notice to Mariners and on-
scene notice by designated representative.

    Dated: April 26, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-09327 Filed 5-1-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Page 75857]
[FR Doc No: 2020-25751]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2020-0552]

Special Local Regulation: Palm Beach Holiday Boat Parade

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a special local regulation on
December 5, 2020 to provide for the safety and security of certain
navigable waters along the Intracoastal Waterway during the Palm Beach
Holiday Boat Parade. During the enforcement period, all non-participant
persons and vessels will be prohibited from entering, transiting,
anchoring in, or remaining within the regulated area unless authorized
by the Captain of the Port Miami or a designated representative. The
operator of any vessel in the regulated area must comply with
instructions from the Coast Guard or designated representative.

DATES: The regulation in 33 CFR 100.702, Table to Sec.  100.702, Line
9, will be enforced on December 5, 2020 from 5:30 p.m. through 8:30
p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Mr. Omar Beceiro, Sector Miami
Waterways Management Division, U.S. Coast Guard: Telephone: 305-535-
4317, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a special local
regulation for the Palm Beach Holiday Boat Parade published in 33 CFR
100.702, Table to Sec.  100.702, Line 9, on December 5, 2020 from 5:30
p.m. through 8:30 p.m. This action is being taken to provide for the
safety and security of certain navigable waters along the Intracoastal
Waterway during this one-day event. Our regulation for marine events
within the Seventh Coast Guard District, Sec.  100.702, specifies the
location of the special local regulation for the Palm Beach Holiday
Boat Parade, which encompasses a moving buffer zone of 50 yards around
the parade as it travels north along the Intracoastal Waterway in Palm
Beach, FL. Only event sponsor designated participants and official
patrol vessels will be allowed to enter the regulated area. Spectators
may contact the Coast Guard Patrol Commander to request permission to
pass through the regulated area. If permission is granted, spectators
must pass directly through the regulated area at a safe speed without
loitering.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will inform the public through Local Notice to Mariners
and marine information broadcasts at least 24 hours in advance of the
enforcement of the special local regulation.

    Dated: November 17, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2020-25751 Filed 11-25-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20464-20466]
[FR Doc No: 2019-09549]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0029]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from six individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before June 10, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0029 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0029), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0029, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0029, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The six individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV

in interstate commerce if seizure-free and off anti-seizure medication
for a five-year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).

III. Qualifications of Applicants

Gary Bartels

    Mr. Bartels is a 64-year-old class A3 CDL holder in South Dakota.
He has a history of epilepsy and has been seizure free since 1994. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1994. His physician states that he is supportive of Mr.
Bartels receiving an exemption.

Charles E. Davenport

    Mr. Davenport is a 66-year-old class D driver in Tennessee. He has
a history of a single unprovoked seizure and has been seizure free
since 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2008. His physician states that he
is supportive of Mr. Davenport receiving an exemption.

Alan H. Finlayson

    Mr. Finlayson is a 40-year-old class D driver in Alabama. He has a
history of epilepsy and has been seizure free since 2004. He takes
anti-seizure medication with the dosage and frequency remaining the
same since March 2011. His physician states that he is supportive of
Mr. Finlayson receiving an exemption.

Gregory P. Long

    Mr. Long is a 38-year-old class D driver in Connecticut. He has a
history of epilepsy and has been seizure free since 1995. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1995. His physician states that he is supportive of Mr. Long
receiving an exemption.

John McFarland

    Mr. McFarland is a 39-year-old class D driver in Virginia. He has a
history of epilepsy and has been seizure free since 2009. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2015. His physician states that he is supportive of Mr.
McFarland receiving an exemption.

Scott Schelske

    Mr. Schelske is a 48-year-old class D driver in South Dakota. He
has a history of a seizure disorder and has been seizure free since
1999. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2009. His physician states that he is
supportive of Mr. Schelske receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

    Issued on: April 25, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-09549 Filed 5-8-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Page 25728]
[FR Doc No: 2017-11486]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0530]

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Michigan City Summerfest Fireworks,
Lake Michigan

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Michigan City Summerfest
Fireworks Safety Zone on a portion of Lake Michigan on July 4, 2017.
This action is necessary and intended to ensure safety of life and
property on navigable waters prior to, during, and immediately after
the fireworks display. During the enforcement period listed below, the
Coast Guard will enforce restrictions upon, and control movement of,
vessels that transit this regulated area with the approval from the
Captain of the Port Lake Michigan Zone.

DATES: The regulation in 33 CFR 165.929 will enforce item listed as
(e)(35) in Table 165.929 on July 4, 2017 from 8:45 p.m. until 9:45 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Lindsay Cook, Waterways
Management Division, Marine Safety Unit Chicago, at<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Michigan
City Summerfest listed as item (e)(35) in Table 165.929 of 33 CFR
165.929 from 8:45 p.m. until 9:45 p.m. on July 4, 2017. This action is
being taken to provide for the safety of life on a navigable waterway
during the fireworks display. Section 165.929 lists many annual events
requiring safety zones in the Captain of the Port Lake Michigan Zone.
This safety zone encompasses all waters of Michigan City Harbor and
Lake Michigan within the arc of a circle with a 1,000 foot radius from
the launch site located in position 41[deg]43.700' N., 086[deg]54.617'
W. During the enforcement period, no vessel may transit this regulated
area without approval from the Captain of the Port Lake Michigan or a
Captain of the Port Lake Michigan designated representative. Vessels
and persons granted permission to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port Lake Michigan,
or his or her on-scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.929, Safety Zones; Annual events requiring safety zones in the
Captain of the Port Lake Michigan zone and 5 U.S.C. 552(a). In addition
to this notice in the Federal Register, the Coast Guard will provide
the maritime community with advance notification of this enforcement
period via Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan, or a designated on-scene
representative may be contacted via Channel 16, VHF-FM.

    Dated: May 23, 2017
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-11486 Filed 6-2-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47034-47036]
[FR Doc No: 2016-17065]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0708; FRL 9949-13-Region 7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Kansas; 2015 Kansas State Implementation Plan for the 2008
Lead Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Kansas. This final action will approve Kansas' SIP for the
lead National Ambient Air Quality Standard (NAAQS) nonattainment area
of Salina, Saline County, Kansas, received by EPA on February 25, 2015.
EPA proposed approval of this plan on February 29, 2016. The applicable
standard addressed in this action is the lead NAAQS promulgated by EPA
in 2008. EPA believes that the SIP submitted by the state satisfies the
applicable requirements of the Clean Air Act (CAA) identified in EPA's
Final Rule published in the Federal Register on October 15, 2008, and
will bring the designated portions of Salina, Kansas, into attainment
of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.

DATES: This final rule is effective on August 19, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0708. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for the approval of a SIP revision been
met?
III. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    In this document, EPA is granting final approval of Kansas'
attainment demonstration SIP for the lead NAAQS nonattainment area in
portions of Salina, Saline County, Kansas. The applicable standard
addressed in this action is the lead NAAQS promulgated by EPA in 2008.
EPA believes that the SIP submitted by the state satisfies the
applicable requirements of the CAA identified in EPA's Final Rule (73
FR 66964, October 15, 2008), and will bring the area into attainment of
the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. EPA's proposal
containing the background information for this action can be found at
81 FR 10162, February 29, 2016.

II. Have the requirements for the approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened February
29, 2016, the date of its publication in the Federal Register, and
closed on March 30, 2016. During this period, EPA received one comment
letter from Exide Technologies, dated March 23, 2016. The comment
letter contained one comment regarding EPA's process description in
section V.A.1 of the proposal which states:

    ``The Exide facility in Salina, Kansas, manufactures lead acid
batteries for automobiles, trucks, and watercraft. Lead emissions
result from breaking open used batteries, re-melting the lead and
reformulating new batteries.''

    Exide commented that EPA is in error regarding the description of
the facility's processes; the Exide Salina, Kansas, facility does not
break open used

batteries, but rather, the facility maufactures new batteries at this
location. EPA agrees with this comment. EPA misunderstood this portion
of the facility operations. This comment does not substantively impact
the decision to approve the attainment SIP, and EPA is therefore not
changing its proposed action based on this comment.

IV. What action is EPA taking?

    EPA is taking final action to amend the Kansas SIP to approve
Kansas' attainment demonstration SIP for the 2008 lead NAAQS. The
applicable standard addressed in this action is the lead NAAQS
promulgated by EPA in 2008 (73 FR 66964).

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the EPA-
Approved Kansas Source-Specific Requirements. Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully Federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\ EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 19, 2016. Filing a petition for
reconsideration by the Administrator of this rule does not affect the
finality of this rulemaking for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such future rule
or action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2))

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 8, 2016.
Mark Hague,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

Part 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et. seq.

Subpart R--Kansas

0
2. In Sec.  52.870:
0
a. The table in paragraph (d) is amended by adding an entry ``(5)'' at
the end of the table; and
0
b. The table in paragraph (e) is amended by adding an entry ``(43)'' at
the end of the table.
    The additions read as follows:

Sec.  52.870  Identification of plan.

    (d) * * *

                                EPA-Approved Kansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                 Permit or case       State
        Name of source                No.         effective date    EPA  approval date          Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(5) Exide Technologies........         1690035          8/18/14   7/20/16, [Insert        ......................
                                                                   Federal Register
                                                                   citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of nonregulatory  SIP      geographic or          State         EPA  approval date        Explanation
          provision             nonattainment area   submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(43) Attainment plan for 2008  Salina.............          2/3/15   7/20/16, [Insert       [EPA-R07-OAR-2015-07
 lead NAAQS.                                                          Federal Register       08; 9949-13-Region
                                                                      citation].             7].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-17065 Filed 7-19-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8125-8126]
[FR Doc No: 2016-03176]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0004; Notice 1]

Aston Martin Lagonda Limited, Receipt of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Aston Martin Lagonda Limited (AML), has determined that
certain model year (MY) 2009-2015 Aston Martin DB9 two-door and four-
door passenger cars do not fully comply with paragraph S4.3 of Federal
Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door
retention components. Aston Martin Lagonda of North America, Inc.,
filed a report dated December 16, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports for AML. AML then
petitioned NHTSA under 49 CFR part 556 requesting a decision that the
subject noncompliance is inconsequential to motor vehicle safety.

DATES: The closing date for comments on the petition is March 18, 2016.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed in the docket and will be considered. All comments and
supporting materials received after the closing date will also be filed
and will be considered to the extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All documents submitted to the docket may be viewed by anyone at
the address and times given above. The documents may also be viewed on
the Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. The docket ID number for this
petition is shown at the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in the
Federal Register published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556), AML submitted a petition for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential to
motor vehicle safety.
    This notice of receipt of AML's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are approximately 5,516 MY 2009-
2015 Aston Martin DB9 two-door and four-door passenger cars that were
manufactured between September 1, 2009 and December 9, 2015.
    III. Noncompliance: AML explains that the noncompliance occurs when
the door locking system in the subject vehicles is double-locked
causing the interior operating means for unlocking the door locking
mechanism to become disengaged and therefore does not meet the
requirements as specified in paragraph S4.3 of FMVSS No. 206.
    IV. Rule Text: Paragraph S4.3 of FMVSS No. 206 requires in
pertinent part:

    S4.3 Door Locks. Each door shall be equipped with at least one
locking device which, when engaged, shall prevent operation of the
exterior door handle or other exterior latch release control and
which has an operating means and a lock release/engagement device
located within the interior of the vehicle.
    S4.3.1 Rear side doors. Each rear side door shall be equipped
with at least one locking device which has a lock release/engagement
mechanism located within the interior of the vehicle and readily
accessible to the driver of the vehicle or an occupant seated
adjacent to the door, and which, when engaged, prevents operation of
the interior door handle or other interior latch release control and
requires separate actions to unlock the door and operate the
interior door handle or other interior latch release control.
    S4.3.2 Back doors. Each back door equipped with an interior door
handle or other interior latch release control, shall be equipped
with at least one locking device that meets the requirements of
S4.3.1. . . .

    V. Summary of AML's Petition: AML described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
    (a) AML stated that the subject vehicles can only be double-locked
by using the key fob (which also serves as the ignition key) and that
if the vehicle is double-locked from the inside, the driver and or
passenger will be able to

disengage the double-lock by using the key fob. AML believes that as a
result, the double-locking mechanism could not cause a situation in
which a vehicle is double-locked from the inside by the driver and a
crash disables the driver, leaving the passenger(s) locked inside.
    (b) AML stated that the risks of children being locked in the
vehicle by means of the double-locking mechanism, does not pose an
unacceptable risk to motor vehicle safety. AML believes that compared
to other motor vehicles, AML's vehicles are rarely used to transport
children. With the exception of the Rapide and Rapide S models, all
Aston Martin vehicles are two-door sports cars.
    Moreover, AML states that the double-locking mechanism in the
subject vehicles poses no greater risk to children than the child
safety locks expressly found to be permitted by FMVSS No. 206.
    (c) AML stated its belief that there is little risk that any adults
will be locked in its vehicles.
    (d) AML stated that in the event a driver were to inadvertently
lock a passenger in one of the subject vehicles, the passenger would be
able to sound the horn, which would remain functional, allowing the
passenger to alert the driver and passers-by.
    (e) AML also stated that many of the subject vehicles have motion
sensors that would detect the presence of someone in the vehicle as
soon as that person moved, and an alarm would sound, which is audible
outside the vehicle. Thus, deterring inadvertent lock-ins of both
adults and children and would alert passers-by of any passengers locked
in the subject vehicles.
    (f) AML stated its belief that if an adult were locked in a
vehicle, he or she could alert passers-by and would probably be able to
contact the driver via mobile communication devices that, in fact, are
ubiquitous today and certainly are very likely to be in the possession
of the average AML vehicle passenger.
    AML also stated that they have not received any complaints
regarding the subject noncompliance.
    AML additionally informed NHTSA that they have corrected the
noncompliance in vehicles manufactured from production date December 9,
2015 and will correct the noncompliance in any unsold noncompliant
vehicles prior to sale.
    In summation, AML believes that the described noncompliances are
inconsequential to motor vehicle safety, and that its petition, to
exempt AML from providing notification of the noncompliances as
required by 49 U.S.C. 30118 and remedying the noncompliance as required
by 49 U.S.C. 30120 should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that AML no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after AML
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-03176 Filed 2-16-16; 8:45 am]
 BILLING CODE 4910-59-P