[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Pages 41186-41187]
[FR Doc No: 2012-17026]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2012-0554; FRL-9699-6]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with the Clean Air Act, as amended ``CAA'' or
the ``Act'', notice is hereby given of a proposed consent decree to
address a lawsuit filed by Sierra Club in the United States District
Court for the District of Columbia: Sierra Club v. Jackson, No. 12-cv-
00013-RWR (D. D.C.). Plaintiff filed a complaint and a first amended
complaint alleging that EPA failed to take timely action to approve,
disapprove, or approve in part and disapprove in part the state
implementation plan (``SIP'') submittals or portions of submittals for
the Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area
from North Carolina and South Carolina. The proposed consent decree
establishes a deadline of November 30, 2012, for EPA to take action on
the North Carolina SIP with respect to the reasonable further progress
(``RFP'') for volatile organic compounds (``VOC'') and nitrogen oxides
(``NOX'') requirement and the South Carolina SIP with
respect to the RFP for VOC and NOX and emissions statements
requirements. The proposed consent decree also establishes a deadline
of May 1, 2013, for EPA to take action on the North Carolina SIP with
respect to the reasonable area control technology (``RACT'') for
NOX.

DATES: Written comments on the proposed consent decree must be received
by August 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0554, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Stephanie L. Hogan, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by Sierra
Club seeking to compel the Agency to take final action under sections
110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and (3), on the SIP
submittals or portions of submittals for the Charlotte-Gastonia-Rock
Hill 1997 8-hour ozone nonattainment area from North Carolina and South
Carolina. Specifically, the lawsuit seeks to compel the Agency to take
final action, pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k),
on the 1997 8-hour ozone nonattainment area requirements in the North
Carolina SIP, including the emissions inventory, the RFP for VOC and
NOX, the RACT for NOX for major sources, and the
emissions statements. The lawsuit also seeks to compel the Agency to
take final action pursuant to section 110(k) of the CAA, 42 U.S.C.
7410(k), on the 1997 8-hour ozone nonattainment area requirements in
the South Carolina SIP, including the emissions inventory, the RFP for
VOC and NOX, and the emissions statements.
    On April 24, 2012, EPA took final action to approve the SIP
submittal submitted by North Carolina addressing the 1997 ozone NAAQS
emissions statements requirement for the Charlotte-Gastonia-Rock Hill
1997 8-hour ozone nonattainment area. 77 FR 24382. On May 4, 2012, EPA
took final action to approve the SIP submittals submitted by North
Carolina addressing the 1997 ozone NAAQS emissions inventory for the
Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area. 77
FR 26441. On May 18, 2012, EPA took final action to approve the SIP
submittals submitted by South Carolina addressing the 1997 ozone NAAQS
emissions inventory for the Charlotte-Gastonia-Rock Hill 1997 8-

hour ozone nonattainment area. 77 FR 29540.
    The proposed consent decree requires that, no later than November
30, 2012, the appropriate EPA official shall sign a notice of final
rulemaking approving, disapproving, or approving in part and
disapproving in part the SIP submittals submitted by North Carolina
addressing the 1997 ozone NAAQS RFP for VOC and NOX
requirements for the Charlotte-Gastonia-Rock Hill area. The proposed
consent decree also requires that, no later than November 30, 2012, the
appropriate EPA official shall sign a notice of final rulemaking
approving, disapproving, or approving in part and disapproving in part
the SIP submittals submitted by South Carolina addressing the 1997
ozone NAAQS RFP for VOC and NOX, and emissions statements
requirements for the Charlotte-Gastonia-Rock Hill area. Finally, the
proposed consent decree requires that, no later than May 1, 2013, the
appropriate EPA official shall sign a notice of final rulemaking
approving, disapproving, or approving in part and disapproving in part
the SIP submittals submitted by North Carolina addressing the 1997
ozone NAAQS RACT for NOX for major sources requirement for
the Charlotte-Gastonia-Rock Hill area.
    On June 25, 2012, the EPA issued a direct final rule approving the
South Carolina emissions statement. 77 FR 37812. The EPA indicated that
the rule will take effect on August 24, 2012, unless EPA receives
adverse comment by July 25, 2012, 77 FR 37813. In the event that
adverse comment is received on the direct final rule, EPA will withdraw
the direct final rule in order to address the comments and there will
be no change to the deadlines and obligations contained in the proposed
consent decree. However, in the event that adverse comment is not
received on the direct final rule, the rule will take effect as
scheduled. In the latter case, the EPA intends to remove from the
proposed consent decree the obligation to act on the South Carolina
emissions statement by November 30, 2012, as the EPA will have already
satisfied that obligation.
    The proposed consent decree requires that, following signature, EPA
shall promptly deliver the notice to the Office of the Federal Register
for publication in the Federal Register and shall thereafter provide a
copy of the notice to Plaintiff within ten (10) days. After EPA
fulfills its obligations under the proposed consent decree, the consent
decree may be terminated.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the proposed consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-0554) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: July 5, 2012.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-17026 Filed 7-11-12; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 15, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-1997-3051

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Air Jamaica Limited 						Date Filed:  March 31, 2003

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail
between Montego Bay and Kingston, Jamaica, on the one hand, and
Cincinnati, Ohio, and Memphis, Tennessee, on the other hand.  Air
Jamaica intends to continue operating these services under a code-share
arrangement with Delta Air Lines, Inc.

If renewal, date and citation of last action:  April 2, 2002, in this
docket.

Applicant representative:  George U. Carneal<PHONE_NUMBER> & Ronald P.
Brower<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  May 15, 2003

Effective dates of the exemption authority granted:  May 15, 2003-May
15, 2004

Basis for approval (bilateral agreement/reciprocity):  Reciprocity with
Jamaica

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Air Jamaica’s foreign air carrier permit (Order 89-3-74)

X  March 23, 2000, Statement of Authorization approving Delta/Air
Jamaica code-share operations and conditions therein

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register: August 27, 2009 (Volume 74, Number 165)]
[Notices]
[Page 43696]
[DOCID:fr27au09-71]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0880; FRL-8433-5]

 Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted an experimental use permit (EUP) to the
following pesticide applicant listed in Unit II. of this document. An
EUP permits use of a pesticide for experimental or research purposes
only in accordance with the limitations in the permit.

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

I. General Information

A. Does this Action Apply to Me?

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

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0880. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. EUP

    EPA has issued the following EUP:
    85004-EUP-1. Issuance. Pasteuria Bioscience, Incorporated, 12085
Research Dr., Suite 185, Alachua, FL 32615 (Authorized Agent: MacIntosh
and Associates, Incorporated, 1203 Hartford Ave., Saint Paul, MN 55116-
1622). This EUP allows the use of 59,675 pounds of formulated product
(3,272.5 pounds of the nematicidal active ingredient, Pasteuria usgae)
on 385 acres of strawberries and turf to evaluate control of the sting
nematode (Belonolaimus longicaudatus). The program is authorized only
in the States of Alabama, Florida, Georgia, Mississippi, and North
Carolina. The EUP is effective from August 12, 2009 to August 31, 2010.

    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: August 20, 2009.
Sheryl K. Reilly,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E9-20716 Filed 8-26-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
[Page 35911-35913]
[DOCID:fr25jn08-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0493 Directorate Identifier 2008-CE-028-AD;
Amendment 39-15581; AD 2008-13-18]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. PC-6 Series
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    This Airworthiness Directive (AD) is prompted due to a potential
problem with the tail landing gear locking mechanism of PC-6 series
aircraft.
    Investigation, carried out after an incident report, determined
that both screws of the tail-wheel locking mechanism had ruptured,
rendering the mechanism inoperative.

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 30, 2008.
    On July 30, 2008, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 1, 2008 (73 FR
23993). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    This Airworthiness Directive (AD) is prompted due to a potential
problem with the tail landing gear locking mechanism of PC-6 series
aircraft.
    Investigation, carried out after an incident report, determined
that both screws of the tail-wheel locking mechanism had ruptured,
rendering the mechanism inoperative.
    In order to address this situation, the present AD requires you
replace the two bolts of the tail-wheel locking mechanism with new
ones, having higher shear strength, and install a warning placard on
the tail-wheel mudguard.
    The actions specified by this AD are intended to prevent, on
take-off or landing runs, possible hazards associated with loss of
directional control.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect 50 products of U.S. registry. We also estimate that it will take
about 3 work-hours per product to comply with basic requirements of
this AD. The average labor rate is $80 per work-hour. Required parts
will cost about $120 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $18,000 or $360 per product.

Authority for This Rulemaking

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

safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-13-18 Pilatus Aircraft Ltd.: Amendment 39-15581; Docket No.
FAA-2008-0493; Directorate Identifier 2008-CE-028-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 30,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models PC-6, PC-6-H1, PC-6-H2, PC-6/350,
PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2,
PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2
airplanes, all serial numbers, certificated in any category.

    Note 1: These airplanes may also be identified as Fairchild
Republic Company PC-6 airplanes, Fairchild Heli Porter PC-6
airplanes, or Fairchild-Hiller Corporation PC-6 airplanes.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    ``This Airworthiness Directive (AD) is prompted due to a
potential problem with the tail landing gear locking mechanism of
PC-6 series aircraft.
    Investigation, carried out after an incident report, determined
that both screws of the tail-wheel locking mechanism had ruptured,
rendering the mechanism inoperative.
    In order to address this situation, the present AD requires you
replace the two bolts of the tail-wheel locking mechanism with new
ones, having higher shear strength, and install a warning placard on
the tail-wheel mudguard.
    The actions specified by this AD are intended to prevent, on
take-off or landing runs, possible hazards associated with loss of
directional control.''

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 100 hours time-in-service after July 30,
2008 (the effective date of this AD) or within the next 12 months
after July 30, 2008 (the effective date of this AD), whichever
occurs first:
    (i) Replace the screws and nuts that attach the locking plate to
the locking lever of the tail-wheel locking mechanism with steels
screws and nuts following Pilatus Aircraft Ltd. Pilatus PC-6 Service
Bulletin, 32-001, dated August 8, 2006.
    (ii) Install the placard on the tail-wheel mudguard following
Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin, 32-001, dated
August 8, 2006.
    (2) As of July 30, 2008 (the effective date of this AD) do not
install on any of the affected airplanes locking lever assemblies
part number (P/N) 6403.0094.00 or P/N <IP_ADDRESS> or tail landing
gear assemblies P/N 6403.0067.xx or P/N <IP_ADDRESS> unless they
have been modified following the Accomplishment Instructions of
Pilatus Aircraft Ltd. Pilatus PC-6 Service Bulletin, 32-001, dated
August 8, 2006.

    Note 2: The letter ``x'' in P/N 6403.0067.xx stands for a
numeral varying from 0 to 9.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA), AD No.
2008-0070, dated April 15, 2008; and Pilatus Aircraft Ltd. Pilatus
PC-6 Service Bulletin 32-001, dated August 8, 2006, for related
information.

Material Incorporated by Reference

    (i) You must use Pilatus Aircraft Ltd. Pilatus PC-6 Service
Bulletin, 32-001, dated August 8, 2006, to do the actions required
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 STANS,
Switzerland; telephone: +41 (0)41 619 65 80; fax: +41 (0)41 619 65
76; email<EMAIL_ADDRESS>    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this

material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 13, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14106 Filed 6-24-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Pages 43117-43122]
[FR Doc No: 2014-17489]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0392]

Enhancements to the Motor Carrier Safety Measurement System (SMS)
Web Site

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

ACTION: Notice.

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SUMMARY: FMCSA announces enhancements to the display of information on
the public Safety Measurement System (SMS) Web site and responds to
comments received in response to FMCSA's Federal Register Notice,
``Proposed Enhancements to the Motor Carrier Safety Measurement System
(SMS) Public Web site'' published on November 5, 2013 The changes to
the design of the SMS public Web site do not alter the SMS methodology
or affect a carrier's safety rating, which is subject to 49 CFR part
385, Safety Fitness Procedures. The enhancements are a continuation of
the Agency's efforts, first announced in April 2010, to provide the
motor carrier industry and other safety stakeholders with more
comprehensive, informative, and regularly updated safety performance
data. This notice explains the Agency's modifications to the public SMS
display, including four additional changes not originally proposed that
resulted from comments received. The enhancements will be implemented
when SMS data is updated in August 2014. The SMS display preview Web
site will remain available until the SMS display changes described in
this notice become operational.

DATES: These enhancements are scheduled to be operational on August 2,
2014.

ADDRESSES:

    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the ground floor of the DOT Headquarters Building at
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The on-line
Federal document management system is available 24 hours each day, 365
days each year.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Ms. Courtney Stevenson, Federal Motor
Carrier Safety Administration, Compliance Division, 1200 New Jersey
Avenue SE., Washington, DC 20590, Telephone<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, contact Docket Operations, Telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number, ``FMCSA-2013-0392'' in the ``Keyword'' box
and click ``Search.'' Next, click ``Open Docket Folder'' button and
choose the document listed 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., Monday through Friday, except Federal holidays.

II. Background

    The SMS uses data collected from roadside inspections, State-
reported crashes, and investigations to quantify the relative safety
performance of motor carriers. The Agency uses SMS data to proactively
identify and prioritize high-risk motor carriers. This prioritization
is used to allocate investigative resources, as well as identify motor
carriers for other actions such as a warning letters. FMCSA first
announced the implementation of the SMS in the Federal Register on
April 9, 2010 (75 FR 18256, Docket No. FMCSA-2004-18898). As FMCSA
discussed in that notice, the SMS provides the motor carrier industry
and other safety stakeholders with more comprehensive, informative, and
regularly updated safety performance data. FMCSA announced further
improvements to the SMS in March 2012 (77 FR 18298, Docket No. FMCSA-
2012-0074) and August 2012 (77 FR 52110, Docket No. FMCSA-2004-18898).
As stated in the March 2012 notice, FMCSA plans to apply a systematic
approach to making improvements to SMS, prioritizing and releasing
packages of improvements as needed.
    Consistent with its prior announcements, on November 5, 2013, FMCSA
announced proposed enhancements to the SMS Web site display and began a
60-day public comment period. The proposed enhancements were based on
feedback received from enforcement, industry, and other safety
stakeholders, including the Agency's Motor Carrier Safety Advisory
Committee (MCSAC), which was asked in February 2013 to provide input to
the Agency regarding potential improvement to the Agency's CSA program,
including the SMS Web site.
    Throughout the comment period, stakeholders were able to view the
proposed changes on the SMS display preview Web site. In addition, the
Agency conducted three webinars to educate and inform the public about
the proposed enhancements. For the full background about the SMS, see
SUPPLEMENTARY INFORMATION in the November Federal Register Notice, 78
FR 66420 (Nov. 5, 2013). The Hazardous Materials (HM) Compliance
Behavior Analysis and Safety Improvement Category (BASIC) and Crash
Indicator BASICS will continue to be hidden from public view.
    FMCSA proposed these enhancements to advance the Agency's safety
mission by making important information more understandable for motor
carriers seeking to improve their safety performance and other public
users interested in FMCSA data. These enhancements are an extension of
the Agency's effort to provide more comprehensive, informative, and
regularly updated safety and compliance performance data through a
systematic approach, as announced in the April 9, 2010 and March 27,
2012 Federal Register notices.
    The proposed Web site enhancements were developed to accomplish the
following three key objectives:
    (1) Provide easier, more intuitive navigation, and user-friendly
features and descriptions to clarify the SMS's role as FMCSA's
prioritization tool for interventions;
    (2) Consolidate FMCSA safety information, so users do not have to
go to multiple sites; and
    (3) Provide improved access to detailed information and new
performance monitoring tools.
    It should be noted that the first objective, which includes
clarifying SMS's role as a prioritization tool, is in alignment with
recommendations from the MCSAC report submitted to FMCSA on June 9,
2014. One of several recommendations related to the SMS public display
states that FMCSA should explain that the primary purpose of SMS is for
enforcement.
    The Web site enhancements that will take place on August 2, 2014,
are summarized below:
    (1) Displaying a summary BASIC status to better clarify if a motor
carrier's performance in the individual BASICs causes it to be
prioritized for an intervention. Detailed data, such as the motor
carrier's percentile ranking in each BASIC, has been moved to the
individual drill down pages for each BASIC.
    (2) Offering a new ``Take a Tour'' feature to highlight
enhancements to the SMS display and show visitors how to locate and use
the site.
    (3) Allowing the Web site user to download the data for all of the
carriers in the same safety event group used to rank a motor carrier's
BASIC percentile. The SMS determines a BASIC percentile for each motor
carrier within a BASIC based on how the individual carrier's BASIC
``measure'' ranks relative to other carriers with a similar number of
safety events (i.e., inspections, violations, or crashes).
    (4) Highlighting a motor carrier's individual performance measure
in each BASIC to more clearly identify its performance trends over
time. The measure is based on the results of the carrier's roadside
inspections or crashes, and is not relative to other motor carriers in
its safety event group.
    (5) Reordering the display of the BASICs based on their association
to crash rates, with the BASICs with the strongest associations at the
left.
    (6) Displaying any motor carrier safety rating from a compliance
review (CR) issued in accordance with 49 CFR Part 385. Previously,
users had to go to FMCSA's Safety and Fitness Electronic Records
(SAFER) System Web site.

    (7) Displaying current insurance and operating authority status.
Previously, users had to access FMCSA's Licensing and Insurance (L&I)
Online Web site.
    (8) Providing a motor carrier's enforcement case history, including
the date the case was closed, the applicable violations, and the
associated fines.
    (9) Enhancing the presentation of safety performance over time
through a variety of displays and graphs users can customize.
    (10) Displaying the total number of inspections as well as a
breakdown of the number of inspections with violations used in the SMS
in each carrier's detailed information.
    (11) Clarifying terminology in the SMS, such as the definitions of
the terms ``0%'' and ``<3 inspections with violations,'' in a new
glossary called ``SMS Display Key Terms.''
    FMCSA reviewed and considered all of the comments received related
to the preview.

II. Summary of Public Comments and Response

    The Agency received 43 unique comments. Fifteen of the comments
received did not address the proposed display enhancements and were
outside of the scope of the notice. The Agency has considered only the
comments addressing the proposed enhancements to the design of the SMS
public Web site that were listed in the November 5, 2013, Federal
Register notice. Comments addressing other topics, such as the SMS
methodology and the general effectiveness of the SMS, were outside the
scope of the notice and were not considered for the purposes of
considering SMS display issues--the Agency accepts these comments as
general feedback on CSA and will handle them accordingly. As a result,
they are not discussed in this notice.
    Commenters included representatives from the Advocates for Highway
and Auto Safety (Advocates), American Trucking Associations (ATA), C.H.
Robinson, Hazmat Environmental Group, Inc., American Bus Association
(ABA), The Alliance for Safe, Efficient and Competitive Truck
Transportation (ASECTT), National School Transportation Association,
and the Owner-Operator Independent Drivers Association (OOIDA).
    The majority of the commenters voiced support for the proposed
enhancements. Commenters supported having a single location for public
motor carrier safety data. However, many commenters offered
recommendations to improve the Web site. The ABA commended the Agency
for holding educational webinars to inform the public on the display
changes and suggested that the Agency continue this practice. Half of
the supporters chose not to identify themselves with a specific
stakeholder group, but those who did were primarily representatives
from industry associations, motor carriers, drivers, and other safety
stakeholders.
    Below is a summary of the comments received that address the
proposed changes and the Agency's responses:

(1) Displaying a Summary BASIC Status to Better Clarify if a Motor
Carrier's Performance in the Individual BASICs Causes it To Be
Prioritized for an Intervention

    FMCSA received ten comments to the docket relating to the summary
BASIC status. C.H. Robinson commended the Agency for moving detailed
BASIC information, such as the percentiles, to the site's internal Web
pages. C.H. Robinson stated that the removal of the BASIC percentile
ranks from the Carrier Overview page emphasizes that this data is used
to prioritize investigation resources. OOIDA also saw this change as an
improvement, but expressed a concern that BASIC percentile ranks are
difficult to put into a meaningful context.
    Advocates, Apex Capital Group, the Hazmat Environmental Group,
Inc., and several individuals opposed the redesign of the Carrier
Overview page. They argued that the page does not provide a concise
snapshot of a carrier's safety profile and that it takes too many
clicks to access detailed BASIC information, which increases workload.
These commenters recommended that the Carrier Overview page retain the
detailed carrier information that the current SMS Web site displays,
such as BASIC percentile ranks and registration information. The Hazmat
Environmental Group, Inc. also argued that a carrier's safety rating
may be taken at face value without the BASIC percentile ranks on the
overview page to provide additional information. Apex Capital Corp
opposed the redesign and stated that BASIC prioritization status
information should only be displayed with SMS disclaimer language on
the internal pages of the Web site and removed from the Carrier
Overview page in its entirety.
    In addition, OOIDA questioned the inclusion of Serious Violations
as part of the display and input into the BASIC prioritization status.
They argued that these violations are not part of the SMS methodology
and, therefore, are not used by FMCSA to prioritize carriers for
interventions.
Response
    FMCSA designed the new Carrier Overview page to provide a summary
of a carrier's prioritization status in each BASIC. This page is not
intended to display detailed BASIC information. BASIC percentiles do
not impact a carrier's safety rating and are not intended to imply any
safety rating. However, FMCSA believes that easy access to detailed
information is essential for our stakeholders. To address comments
received, the Agency will revise the design of the Carrier Overview
page to allow users single-click access to detailed BASIC information
for a given carrier, across all BASICs.
    In response to OOIDA's comments regarding Serious Violations, the
Agency notes that Serious Violations from investigation findings have
been factored into assessing a BASIC's prioritization status and have
been publicly available since implementation of the SMS in 2010. The
new Carrier Overview page displays a carrier's BASIC prioritization
status, which equates to the summary ``BASICs Status'' column that has
been available on the public SMS Web site since December 2010. To
assist users in understanding BASIC prioritization status, the Agency
plans to release an updated document which will centralize information
regarding how both on-road performance data (percentiles) and
investigation results (Serious Violations) have been and continue to be
factored into a carrier's prioritization status. This document will be
posted publicly following the SMS display release in August.

(2) Offering a New ``Take a Tour'' Feature To Highlight Enhancements to
the SMS Display and Show Visitors How To Locate and Use the Site

    FMCSA did not receive any comments about this enhancement during
the preview. The Agency plans to refine the ``Take a Tour'' feature to
align with the modifications of the SMS display changes outlined in
this notice.

(3) Allowing the Web Site User To View and Download the Data for All of
the Carriers in the Same Safety Event Group Used To Rank a Motor
Carrier's BASIC Percentile

    ATA and Advocates voiced their support for the inclusion of safety
event group information on the display. ATA added that safety event
group information for the Crash Indicator and Hazardous Materials (HM)
Compliance BASICs should not be available for public download; while
Advocates

stated that all BASIC information should be available to the public. In
addition, Alejandro Canedo, Colleen Richie, Hazmat Environmental Group,
Inc., and an anonymous commenter voiced concern that they could not
find the print-ready carrier profile on the Web site and recommended
that the Agency retain this functionality.
Response
    The new display will allow all users to view and download safety
event group information for publicly available BASICs. This information
includes a carrier's U.S. DOT Number, name, number of relevant
inspections, number of inspections with violations, and measure and
percentile in that public BASIC. This notice does not change which
BASICs are publicly available. The Crash Indicator and HM Compliance
BASICs are not publicly available, and their associated safety event
group information will not be made available to the public at this
time.
    The Agency did not remove the print-ready functionality from the
SMS Web site. It is part of the preview site and will be part of the
new SMS display when it becomes operational in August 2014. To better
highlight this functionality for our stakeholders, the SMS display will
include a ``BASIC Status'' menu with a ``print'' option.

(4) Highlighting a Motor Carrier's Individual Performance Measure in
Each BASIC To More Clearly Identify Its Performance Trends Over Time

    ATA commended the Agency for highlighting the carrier's measure,
stating that this lays the groundwork for future improvements to the
SMS methodology. Jerry Malinka recommended that carrier BASIC measure
data be the only data shown to shippers, brokers, and other public
stakeholders. OOIDA requested that the Agency clearly define a
carrier's measure throughout the new display to clarify how the public
should use this information.
Response
    In response to this feedback, the new SMS display will include
user-friendly descriptions of a carrier's measure and offer better
explanations of its relationship to a carrier's percentile. These
descriptions will be available on the graphs for each BASIC, the ``SMS
Display Key Terms'' document located in the Help Center and additional
locations on the site. This change is in alignment with a
recommendation in the MCSAC report, which suggests FMCSA offer an
``improved explanation of the measures scores (i.e., raw scores) and
how they can or should be used by the public.''

(5) Reordering the Display of the BASICs Based on Their Association To
Crash Rates, With the BASICs With the Strongest Associations at the
Left

    FMCSA acknowledges three commenters to the docket, Apex Capital
Corp., ATA, and an anonymous commenter, who raised concerns regarding
the new order of the BASICs. The anonymous commenter found the new
order confusing, recommending that the new display retain the order of
the BASICs on the current SMS Web site. Apex Capital Corp. and ATA
suggested that the public display include a statement that explains
that the BASICs are reordered based on their relationship to crash
risk.
Response
    The new order of the BASICs is based on the results of FMCSA's SMS
Effectiveness Test, which is available at: http://csa.fmcsa.dot.gov/Documents/CSMS_Effectiveness_Test_Final_Report.pdf. The Agency
conducted this test to evaluate the SMS as a workload prioritization
tool to identify motor carriers with potential safety problems. An
additional change to the Web site related to these comments is
described in Section III below.

(6) Displaying Any Motor Carrier Safety Rating Issued in Accordance
With 49 CFR Part 385

    Several commenters, including ATA and TIA, applauded the Agency for
including safety rating information on the Carrier Overview page of the
SMS display. A representative from ATA suggested that the safety rating
be displayed more prominently on the site. This member also requested
that the Agency remove the ``as of'' date underneath the safety rating,
arguing that this date implies that the rating is updated daily. The
ASECTT expressed concern that displaying a carrier's safety rating on
the same page as the BASICs would give a reader the impression that a
carrier's BASIC prioritization status is co-equal with its safety
rating.
Response
    One of the key objectives of the SMS display enhancements is to
provide a single location for FMCSA's safety information about motor
carriers. FMCSA will display the safety rating at the top of the
Carrier Overview page, and FMCSA believes this location meets the
stated objectives. In addition, the ``as of'' date is necessary to
distinguish between the ``Rating Date'' and the date the rating
information was pulled from the SAFER System Web site. The ``as of''
date is the date the information was pulled from SAFER, while the
``Rating Date'' is the date the rating itself was issued by the Agency.
These dates will be clearly indicated in the Web site accordingly.
    Regarding the comment from ASECTT, nothing on the SMS Web site
advises users to consider a carrier's BASIC prioritization status co-
equally with its safety rating. The SMS Web site will retain its
current disclaimer, which advises users that a carrier's BASIC
prioritization status ``is not intended to imply any Federal safety
rating of the carrier pursuant to 49 U.S.C. 31144.'' FMCSA encourages
users to examine all sources of FMCSA's safety information in order to
obtain the most comprehensive picture of a motor carrier's safety and
compliance status.

(7) Displaying Current Insurance and Operating Authority Status

    Jennifer Spencer, Advocates, ATA, Knight Transportation, Inc., TIA,
and a commenter identified as G.O. supported this enhancement, and some
of them recommended that the Agency provide additional licensing and
insurance information. Advocates and Jennifer Spencer requested that
the display include the type and status of a carrier's operating
authority. Jennifer Spencer, Knight Transportation, Inc., and G.O. all
suggested that the display list the carrier's insurance type and filing
status.
Response
    FMCSA is providing a link to the L&I Online Web site on the display
rather than duplicating the detailed information on that site. The L&I
Online Web site is a public database that provides users with access to
authorized for-hire motor carrier, freight forwarder, and property
broker licensing and insurance information.

(8) Providing a Motor Carrier's Enforcement Case History, Including the
Date the Case Was Closed, the Applicable Violations, and the Associated
Fines

    ATA raised a concern that the penalties history information on the
display does not provide sufficient context for the fines issued to
carriers for past violations. ASECTT expressed concern that including
the penalties history information would give a reader the impression
that penalty history is as relevant as the carrier's safety rating.

Response
    To address ATA's concern, FMCSA will improve the Penalties History
section by providing a link to the Agency's Civil Penalties Web page,
where there is a description of closed enforcement cases by fiscal
year. The Agency has posted enforcement history information for many
years on this site. An enforcement case is considered ``closed'' once
the Agency issues the carrier a ``Notice of Claim'' (NOC) and the
carrier has (1) paid the penalty in full, (2) signed a settlement
agreement, or (3) a ``Final Agency Order'' was issued. Each closed
enforcement case listed includes the U.S. DOT Number, name, city and
State, the violations that resulted in the enforcement action, the case
number, and the total amount settled. The SMS Web site will not display
any penalties history information that was not previously publicly
available. Nothing on the SMS Web site advises users to consider a
carrier's penalties history.

(9) Enhancing the Display of Safety Performance Over Time Through a
Variety of Displays and Graphs Users Can Customize

    ATA and OOIDA supported the Agency's enhanced graphs and displays
of a carrier's safety performance over time, and provided
recommendations to clarify these tools. OOIDA requested that the Agency
clearly define a carrier's measure on the graphs, and throughout the
display, to show how the public should use this information. ATA added
that the Agency should improve the design of the graphs to make them
more user-friendly.
Response
    FMCSA believes it is important to ensure that our stakeholders can
understand the safety data presented on the SMS Web site. The Agency
will clarify a carrier's measures throughout the display to show how
the measures are calculated, as well as how they relate to the
carrier's percentiles.

(10) Displaying the Total Number of Inspections as Well as a Breakdown
of the Number of Inspections With Violations Used in the SMS for a
Carrier

    The Agency did not receive any comments that addressed this change.

(11) Clarifying Terminology in the SMS, Such as the Definitions of the
Terms ``0%'' and ``<3 Inspections With Violations,'' in a New Glossary
Called ``SMS Display Key Terms''

    ATA and C.H. Robinson recommended that the Agency modify the
display's BASIC percentile description. Both suggested the description
be written in terms that are positive, rather than negative, as to how
a carrier relates to its safety event group.
Response
    FMCSA believes the description proposed meets the stated
objectives. The percentile represents how the individual carrier is
performing compared to other carriers in the safety event group. For
example, a 90 percentile indicates that, as stated in the description,
``90% of motor carriers in the same safety event group have better on-
road performance than this motor carrier.'' Switching the description
to positive terminology would result in one numeric value (90) being
displayed in the percentile column, with a different numeric value (10)
being used in the description, and may increase confusion for users.
Although it will not rephrase as suggested by these commenters, the
Agency will otherwise clarify the definition of percentiles as they
relate to safety event groups on the Web site.

III. Additional Changes

    FMCSA is implementing additional changes as listed below based on
careful consideration of comments received and stakeholder feedback.
These changes are in addition to some cosmetic changes recommended by
commenters such as changing the colors in the display to better
distinguish between icons and BASICS that are prioritized.

(1) Providing a Carrier With Its Own Inspection Selection System (ISS)
Information, Including the Carrier's ISS Score, Inspection
Recommendations, and the Basis for Those Recommendations

    Alejandro Canedo, Colleen Richie and Hazmat Environmental Group,
Inc., requested that the Carrier Overview page include a carrier's
individual ISS information to help educate carriers on what their ISS
is and equip them with some of the information used by enforcement.
Response
    The Agency will provide carriers who are logged into the SMS Web
site with their own ISS information on the Carrier Overview page. The
information provided will include the carrier's ISS score, inspection
recommendations, the basis for those recommendations, and a link to the
ISS methodology. Previously, carriers and enforcement users had to log
into the Agency's Portal to obtain this information. Since the rollout
of the SMS in December 2010, ISS information has been, and will
continue to be, unavailable to the public and will not be made publicly
available at this time. Motor carriers will be able to view only their
own ISS information.

(2) Providing Carrier and Driver Out-of-Service (OOS) Rates and
National Averages To Allow Users To Compare an Individual Company's OOS
Rate With the National Average for Commercial Motor Vehicles (CMVs)

    Advocates requested that FMCSA include driver and carrier OOS rates
and the national average OOS rates to enable users to compare an
individual company's rate with the national average of CMVs on the
roads.
Response
    The Agency will provide driver and vehicle OOS information based on
data currently publicly available on FMCSA's SAFER System Web site. A
link to SAFER for more detailed information is also available on the
SMS display.

(3) Acknowledging Distinctions Between BASICS and Crash Involvement by
Incorporating BASIC Status To Crash Rate Graphs From FMCSA's SMS
Effectiveness Test

    ATA stated that the Web site should clearly indicate the
relationship of each BASIC to safety.
Response
    As mentioned above, FMCSA recently conducted an SMS Effectiveness
Test that examined the ability of the SMS to identify carriers with
safety problems for interventions. In response to this comment, the
Agency will provide a link to the SMS Effectiveness Test report and
display the results in two `BASIC Status to Crash Rate' graphs on the
SMS Web site. The graphs will show test results on the overall crash
rates of companies prioritized for intervention by number and type of
BASIC, compared to companies that were not prioritized. The SMS
Effectiveness Test report is available at: http://csa.fmcsa.dot.gov/Documents/CSMS_Effectiveness_Test_Final_Report.pdf. This change is
also in alignment with a recommendation in the MCSAC report noted
above, which suggests FMCSA provide ``examples of how the different
BASIC ratings can be used to make interpretations about comparative
crash risk between carriers with different ratings.''

(4) Displaying a Carrier's ``Doing Business As'' (DBA) Name To Enhance
the Search Options on the Web Site

    Advocates recommended that the Agency provide the carrier's DBA
name

to give users additional ways to search for carriers on the Web site.
Response
    In response to this feedback, the Agency will provide a carrier's
DBA name to improve the search functionality on the site.

IV. Implementation

    The SMS display enhancements explained in this notice will be
implemented in August 2014. The Agency is developing outreach materials
and plans to host several educational webinars for the public
addressing the enhancements to the public SMS Web site. The webinars
will address the enhancements to the public SMS Web site, as well as
MCMIS changes to improve uniformity in the treatment of violations data
that was announced in 79 FR 32491.These webinars will take place after
the implementation of the display changes to give stakeholders time to
familiarize themselves with the enhanced SMS Web site and identify any
questions they may have. The scheduled dates and times of the
educational webinars are below:

Wednesday, August 20, 2014 10:00-11:30 a.m. Eastern Time
Wednesday, August 20, 2014 2:00-3:30 p.m. Eastern Time
Thursday, August 21, 2014 2:00-3:30 p.m. Eastern Time

All the webinars will have closed captioning available, and all
stakeholders are encouraged to participate. Interested parties can
register for the webinars through the FMCSA's National Training Center
at http://www.fmcsa.dot.gov/safety/overview-fmcsa-safety-measurement-system-display-enhancements-industry-webinar. A copy of the webinar
will also be available on the Agency's Web site at www.fmcsa.dot.gov.

    Issued on: July 21, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-17489 Filed 7-23-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Notices]
[Pages 42870-42871]
[FR Doc No: 2014-17250]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-RSPA-2004-19854]

Notice of Public Webinar on Implementation of Gas Pipeline
Distribution Integrity Management Programs

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

ACTION: Notice of Public Webinar.

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SUMMARY: Gas distribution pipeline operators were required to have
prepared and implemented distribution integrity management programs
(DIMP) by August 2, 2011. Federal and state regulators have been
inspecting those programs and their implementation since that date.
This webinar will be an opportunity for the regulators to share their
experience with implementation topics with the public and the regulated
community. The webinar will also include discussion of analyses of the
2013 submissions of data concerning mechanical fitting failures in gas
distribution pipelines.

DATES: The webinar will be held on September 4, 2014, from 11:00 a.m.
to 12:30 p.m. EDT.

FOR FURTHER INFORMATION CONTACT: Chris McLaren by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

ADDRESSES: Members of the public may attend this free webinar. To help
assure that adequate space is provided, all attendees are required to
register for the webinar at http://opsweb.phmsa.dot.gov/webinars. Upon
registration, LiveMeeting information will be distributed. Due to the
limited capacity, we encourage and request that parties at the same
location share a LiveMeeting link for the video portion of the webinar
and share a standard phone line for the teleconferenced voice portion
of the webinar. Refer to the DIMP Web site for additional information
on distribution integrity management: http://primis.phmsa.dot.gov/dimp/index.htm.
    Copies of the presentations provided in the webinar will be
available on the DIMP Web site within 30 days following the webinar.
    Comments: Members of the public may also submit written comments,
either before, during, or after the webinar. Comments should reference
Docket ID PHMSA-RSPA-2004-19854. Comments and questions can be
submitted during the webinar through LiveMeeting. Instructions
describing how to submit questions will be given at the beginning of
the webinar. Comments may be submitted before or after the webinar in
the following ways:
     DIMP Web site: http://primis.phmsa.dot.gov/dimp/comment.htm. This site allows the public to enter questions and
comments about DIMP before or after the webinar. Instructions for
submitting comments are provided on that Web site.
     E-Gov Web site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Room W12-140, Washington,
DC 20590.
     Hand Delivery: Dot Docket Management System, Room W12-140,
on the ground floor 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.
    Instructions: Identify the Docket ID at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov. Note: Comments will be posted
without changes or edits to http://www.regulations.gov including

any personal information provided. Please see the Privacy Act statement
immediately following for additional information.
    Privacy Act Statement: Anyone may search the electronic form of all
comments received for any of our dockets. You may review DOT's complete
Privacy Act Statement in the Federal Register published April 11, 2000
(65 FR 19477).
    Information on Services for Individuals with Disabilities: For
information on facilities or services for individuals with
disabilities, or to request special assistance during the webinar,
please contact Chris McLaren at<PHONE_NUMBER> by August 4, 2014.

SUPPLEMENTARY INFORMATION: The DIMP final rule was published December
4, 2009, (74 FR 63906) and became effective on August 2, 2011. DIMP
supplemented the existing requirements applicable to gas distribution
pipeline systems by adding performance-based requirements for risk
management. It requires pipeline operators to analyze their pipeline
systems, identify threats and risks that may be unique to their systems
and take appropriate actions to address those threats and risks. DIMP
is designed to improve the safety performance of gas distribution
pipelines by ensuring that distribution pipeline operators use
available data and prioritize their risk mitigation activities.
    A DIMP Implementation Team (Team) was created as a collaboration of
state and Federal regulators to support improvements in the integrity
of the Nation's gas distribution pipeline systems through development
of inspection methods and guidance for the evaluation of an operator's
distribution integrity management program. Regulation of gas
distribution pipeline systems and oversight of DIMP implementation is
largely the responsibility of PHMSA's state partners. The Team
recognized the challenges posed by the individual characteristics of
each state's oversight program and operating conditions as well as the
challenges that distribution system operators would face in building an
integrity management culture. Due to the high level, risk-based,
performance-oriented nature of the regulations contained in Sec. Sec.
192.1001 and 192.1015, the Team recognized that operators could benefit
from guidance in implementing their programs. The team sponsored two
webinars to provide operators with information and to direct operators
to resource material prior to the August 2, 2011, effective date of the
rule by which time operators were required to have developed and
implemented their DIMP plans. These webinars were conducted on May 10,
2011, and June 8, 2011.
    Following the August 2, 2011, deadline by which distribution
pipeline operators must have developed and implemented their DIMP
plans, the team sponsored a webinar on January 25, 2012, and a public
meeting on June 27, 2012. The material presented at these events
summarized early inspection experiences, including the types of
concerns identified by regulators and operators and where the initial
inspection experience indicates that operators should devote additional
attention to assure compliance.
    States are implementing the DIMP rule in accordance with the
applicable certification under 49 U.S.C. 60105 or agreement under
section 60106. State inspectors will participate in this webinar, but
not all states may participate. Since regulatory structures differ
among states and some states have established more stringent
requirements, operators should contact the state authority regulating
their distribution pipeline system for more information.
    The DIMP rule also required distribution pipeline operators to
report failures of mechanical fittings that result in hazardous leaks.
Such failures have been the cause of a number of serious accidents on
distribution pipelines. Collection of this data is intended to
facilitate better understanding of the causes of fitting failures and
actions that can/should be taken to prevent future failures. Operators
have the option of submitting reports as failures occur or of
submitting all reports for a calendar year by March 15 of the following
year. The new reporting requirement became effective on April 4, 2011.
Operators have submitted reports to PHMSA for failures occurring in
2011, and by the time of this webinar, operators will have submitted
reports to PHMSA for failures occurring in 2013. These reports will be
analyzed prior to the webinar and PHMSA will discuss the results of
these analyses. Stakeholders should note that lessons from mechanical
fitting failure reporting may be preliminary at this time. With only
three years' worth of data, any trends or analyses will be based on a
limited set of data. The analyses will provide some information that
will be shared with stakeholders.

Preliminary Webinar Agenda

September 4, 2014 DIMP Implementation Webinar Agenda

     Welcome, Introductions, and Overview
     A new DIMP Inspection Form for Field Observations and
Records Review
     Regulator's Inspection Findings from DIMP inspections
Conducted to Date
     Mechanical Fitting Failure Reporting Data and Analyses
     Operator Discussion on Successes and Lessons Learned from
Implementing DIMP
     Plastic Pipe Ad Hoc Committee (NAPSR and PHMSA Team)
Activities
     Question & Answer Session
     Session Concludes

    Issued in Washington, DC on July 17, 2014.
Alan K. Mayberry,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2014-17250 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-60-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 27, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7513

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of GEMINI AIR CARGO, INC. (GEMINI) filed 6/23/06 for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of property and mail between Miami,
Florida, on the one hand, and Quito and Guayaquil, Ecuador, on the other
hand.  Gemini also requests the right to integrate these services with
existing authority.

Applicant rep:  Moffett B. Roller<PHONE_NUMBER>    DOT Analyst:  Thuy
H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, in part (subject to conditions, see below)

XX  Dismissed request for route integration authority

The above action was effective when taken: October 27, 2006, through
October 27, 2008..

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Ecuador.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted or dismissed, we denied all requests in the referenced Docket.
We may amend, modify, or revoke the authority granted in this Notice at
any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 By Order 2006-1-1, the Department awarded the carrier a blanket route
integration certificate.

 PAGE

 PAGE   2


[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Notices]
[Pages 2344-2345]
[FR Doc No: 2017-00073]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-138-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Availability of the Final Environmental Impact Statement for the
Proposed Atlantic Sunrise Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Atlantic Sunrise Project, proposed by Transcontinental Gas Pipe
Line Company, LLC (Transco) in the above-referenced docket. Transco
requests authorization to expand its existing pipeline system from the
Marcellus Shale production area in northern Pennsylvania to deliver an
incremental 1.7 million dekatherms per day of year-round firm
transportation capacity to its existing southeastern market areas.
    The final EIS assesses the potential environmental effects of the
construction and operation of the project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the project would result in some
adverse environmental impacts; however, most of these impacts would be
reduced to less-than-significant levels with the implementation of
Transco's proposed mitigation and the additional measures recommended
in the final EIS.
    The U.S. Army Corps of Engineers and the U.S. Department of
Agriculture's Natural Resources Conservation Service participated as
cooperating agencies in the preparation of the final EIS. Cooperating
agencies have jurisdiction by law or special expertise with respect to
resources potentially affected by the proposal and participate in the
NEPA analysis. Although the U.S. Army Corps of Engineers and the
Natural Resources Conservation Service provided input to the
conclusions and recommendations presented in the final EIS, the
agencies will present their own conclusions and recommendations in
their respective records of decision or determinations for the project.
    The final EIS addresses the potential environmental effects of the
construction and operation of about 199.4 miles of pipeline composed of
the following facilities:
     185.9 miles of new 30- and 42-inch-diameter natural gas
pipeline in Pennsylvania;
     11.0 miles of new 36- and 42-inch-diameter pipeline
looping in Pennsylvania;
     2.5 miles of 30-inch-diameter replacements in Virginia;
and
     associated equipment and facilities.
    The project's proposed aboveground facilities include two new
compressor stations in Pennsylvania; additional compression and related
modifications to three existing compressor stations in Pennsylvania and
Maryland; two new meter stations and three new regulator stations in
Pennsylvania; and minor modifications at existing aboveground
facilities at various locations in Pennsylvania, Virginia, Maryland,
North Carolina, and South Carolina to allow for bi-directional flow and
the installation of supplemental odorization, odor detection, and/or
odor masking/deodorization equipment.
    The FERC staff mailed copies of the final EIS to federal, state,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. Paper copy versions of this EIS were mailed to those
specifically requesting them; all others received a CD version. In
addition, the final EIS is available for public viewing on the FERC's
Web site (www.ferc.gov) using the eLibrary link. A limited number of
copies are available for distribution and public inspection at: Federal
Energy Regulatory Commission, Public Reference Room, 888 First Street
NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    In accordance with the Council on Environmental Quality's (CEQ)
regulations implementing NEPA, no agency decision on a proposed action
may be made until 30 days after the U.S. Environmental Protection
Agency publishes a notice of availability of the final EIS in the
Federal Register. However, the CEQ regulations provide an exception to
this rule when an agency decision is subject to a formal internal
appeal process that allows other agencies or the public to make their
views known. In such cases, the agency decision may be made at the same
time the notice of the final EIS is published, allowing both periods to
run concurrently. The Commission decision for this proposed action is
subject to a 30-day rehearing period.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP15-
138). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>; for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings

by automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: December 30, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00073 Filed 1-6-17; 8:45 am]
 BILLING CODE 6717-01-P