3430 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Rules and Regulations country,'' as defined in 18 U. S. C. 1151. Indian country includes: 1. All lands within the exterior boundaries of Indian reservations within or abutting the State of Ohio; 2. Any land held in trust by the U. S. for an Indian tribe; and 3. Any other land, whether on or off an Indian reservation that qualifies as Indian country. Therefore, this action has no effect on Indian country. EPA retains the authority to implement and administer the RCRA program in Indian country. However, at this time, there is no Indian country within the State of Ohio.

I. What Is Codification and Is EPA Codifying Ohio's Hazardous Waste Program as Authorized in This Rule? Codification is the process of placing a state's statutes and regulations that comprise the state's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized state rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart P, for authorization of Ohio's program revisions until a later date.

J. Administrative Requirements The Office of Management and Budget has exempted RCRA authorization from the requirements of Executive Order 12866 ( 58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. Furthermore, this action is not subject to Executive Order 13211, `` Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' ( 66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. This action authorizes State requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those imposed by state law. This authorization will effectively suspend the applicability of certain federal regulations in favor of Ohio's program, thereby eliminating duplicate requirements in the state. Authorization will not impose any new burdens on small entities. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this action authorizes pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This action does not have tribal implications within the meaning of Executive Order 13175 ( 65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999), because it merely authorizes state requirements as part of the state RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This action does not include environmental justicerelated issues that require consideration under Executive Order 12898 ( 59 FR 7929, February 16, 1994). Under RCRA section 3006( b), EPA grants a state's application for authorization as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a state authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272) do not apply. As required by section 3 of Executive Order 12988 ( 61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 ( 53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the `` Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings' issued under the executive order. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.). 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 document 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 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).

List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of sections 2002( a), 3006 and 7004( b) of the Solid Waste Disposal Act, as amended, 42 U. S. C. 6912( a), 6926, 6974( b).

Dated: January 9, 2003. Bharat Mathur, Deputy Regional Administrator, Region 5. [ FR Doc. 03   1626 Filed 1   23   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 312 [ FRL   7442   4]

RIN 2050   AF05 Clarification to Interim Standards and Practices for All Appropriate Inquiry Under CERCLA and Notice of Future Rulemaking Action AGENCY: Environmental Protection Agency ( EPA). ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to clarify a provision included in recent amendments to the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). Specifically, today's direct final rule addresses the interim standard set by Congress in the Small Business Liability Relief and Brownfields Revitalization Act (`` the Brownfields Law'') for conducting `` all appropriate inquiry'' to establish that a landowner had no reason to know of contamination at a property under CERCLA liability provisions prior to purchasing the property. Today's action clarifies that, in the case of property purchased on or after May 31, 1997, the requirements for conducting `` all appropriate inquiry,'' including the VerDate Dec< 13> 2002 17: 25 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JAR1. SGM 24JAR1 3431 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Rules and Regulations conduct of such activities to establish an innocent landowner defense under CERCLA, also will be satisfied through the use of ASTM Standard E1527   2000, entitled `` Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process.'' In addition, recipients of brownfields site assessment grants will be in compliance with the all appropriate inquiry requirements if they comply with the ASTM Standard E1527   2000. DATES: This rule is effective on March 25, 2003, without further notice, unless EPA receives adverse comment by February 24, 2003. If we receive such comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Comments on today's direct final rule may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions provided in paragraph B of the SUPPLEMENTARY INFORMATION section below. Please reference Docket number SFUND   2002   0007 when submitting your comments.

FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA/ CERCLA Call Center at 800   424   9346 or TDD 800   553   7672 ( hearing impaired). In the Washington, DC metropolitan area, call 703   412   9810 or TDD 703   412   3323. For more detailed information on specific aspects of this rule, contact Patricia Overmeyer, Office of Brownfields Clean up and Redevelopment ( 5105T), U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460   0002, 202   566   2774. overmeyer. patricia@ epa. gov.

SUPPLEMENTARY INFORMATION:

General Information A. How Can I Get Copies of the Background Materials Supporting Today's Direct Final Rule or Other Related Information?

1. EPA has established an official public docket for this direct final rule under Docket ID No. SFUND   2002   0007. The official public docket consists of the documents specifically referenced in this rule and other information related to this direct final rule. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center located at 1301 Constitution Ave. NW, Washington, DC 20004. This Docket Facility is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding federal holidays. To review docket materials, it is recommended that the public make an appointment by calling ( 202) 566   0276. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $ 0.15/ page. 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/. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to 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, select `` search,'' then key in the docket identification number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI, and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. For public commenters, 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 in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. For additional information about EPA's electronic public docket visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. 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 will not consider late comments in formulating a final decision. 1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the party submitting 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. EPA's policy is that EPA will not edit your comment, and 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. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. To access EPA's electronic public VerDate Dec< 13> 2002 17: 25 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JAR1. SGM 24JAR1 3432 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Rules and Regulations docket from the EPA Internet Home Page, select `` Information Sources,'' `` Dockets,'' and `` EPA Dockets.'' Once in the system, select `` search,'' and then key in Docket ID No. SFUND   2002   0007. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. 2. E mail. Comments may be sent by electronic mail ( e mail) to Superfund. Docket@ epamail. epa. gov. Make sure this electronic copy is in an ASCII format that does not use special characters or encryption. Cite the docket Number SFUND   2002   0007 in your electronic file. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 3. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified above. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 4. By Mail. Send two ( 2) copies of your comments to: EPA Docket Center, U. S. Environmental Protection Agency Headquarters, Mail Code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. SFUND   2002   0007. 5. By Hand Delivery or Courier. Deliver your comments to: EPA Docket Center, EPA West Building, Room B   102, 1301 Constitution Ave., NW., Washington, DC, 20007. Attention Docket ID No. SFUND   2002   0007. Such deliveries are only accepted during the Docket's normal hours of operation as identified above.

Regulated Entities Entities potentially regulated by this action include public and private parties who, as bona fide prospective purchasers, contiguous property owners, or innocent landowners, purchase property and intend to claim a limitation on CERCLA liability in conjunction with the property purchase. In addition, any entity conducting a site characterization or assessment with a brownfields grant awarded under CERCLA section104( k)( 2)( B)( ii) will be affected by today's action. This includes state, local and Tribal governments that receive brownfields site assessment grants. A summary of the potentially affected industry sectors ( by NAICS codes) is displayed in the table below.

Industry category NAICS code Real Estate ............................... 531 Insurance .................................. 52412 Banking/ Real Estate Credit ...... 52292 Environmental Consulting Services ........................................ 54162 State, Local and Tribal Government ...................................... N/ A The list of potentially affected entities in the above table may not be exhaustive. Our aim is to provide a guide for readers regarding those entities that EPA is aware potentially could be affected by this action. However, this action may affect other entities not listed in the table. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding section entitled FOR FURTHER INFORMATION CONTACT.

Preamble I. Statutory Authority II. Background III. Today's Action IV. Future Rulemaking Setting Standards for `` All Appropriate Inquiry' V. Statutory and Executive Order Reviews I. Statutory Authority This direct final rule clarifies provisions included in section 223 of the Small Business Liability Relief and Brownfields Revitalization Act which amends section 101( 35)( B) of CERCLA ( 42 U. S. C. 9601( 35)) and clarifies interim standards for the conduct of `` all appropriate inquiry'' for obtaining CERCLA liability relief and for conducting site characterizations and assessments with the use of brownfields grant monies.

II. Background On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (`` the Brownfields Law''). In general, the Act amends CERCLA and provides funds to assess and clean up brownfields sites; clarifies CERCLA liability provisions related to innocent purchasers of contaminated properties; and provides funding to enhance State and Tribal clean up programs. In part, subtitle B of Title II of the Act revises some of the provisions of CERCLA section 101( 35) and provides some Superfund liability limitations for bona fide prospective purchasers and contiguous property owners, in addition to clarifying the requirements necessary to establish the innocent landowner defense under CERCLA. Among the requirements added to CERCLA is the requirement that such parties undertake `` all appropriate inquiry'' into prior ownership and use of certain property. The Act requires EPA to develop regulations within two years which will establish standards and practices for how to conduct all appropriate inquiry. In addition, in the Brownfields Law, Congress established, as the Federal interim standard for conducting all appropriate inquiry, the procedures of the American Society for Testing and Materials ( ASTM) including Standard E1527   97 ( entitled `` Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process''). This interim standard applies to properties purchased on or after May 31, 1997 until EPA promulgates Federal regulations establishing standards and practices for conducting all appropriate inquiry. Today's direct final rule clarifies that persons may use the current ASTM standard, E1527   2000 for conducting all appropriate inquiry and establishing the innocent landowner defense under CERCLA section 101( 35)( B) for properties purchased on or after May 31, 1997, while continuing also to recognize use of ASTM's previous standard, E1527   97. Following enactment of the Brownfields Law, EPA received inquiries from interested parties expressing concerns that the ASTM standard for all appropriate inquiry that was cited in the Act ( i. e., ASTM's 1997 standard) has been updated and consequently is no longer available from ASTM. The ASTM standard cited in the Brownfields Law has been updated and replaced with ASTM's revised standard, `` Standard E1527   2000.'' The revised standard has the same name as the previous standard. The revised standard is not significantly different from the previous standard. Revisions to the 1997 standard that are incorporated into the E1527   2000 updated standard include provisions for potential expansion of an assessment, guidance for better identification of the purpose of the assessment, a provision for inquiring about historical remediation, a provision for facilitating reconstruction of the assessment by a different assessor, and amended guidance for selecting an environmental professional. A summary of the revisions made to the 1997 ASTM standard and included in the 1527   2000 standard is provided in the document `` Overview of Additions and Modifications to ASTM 1527   2000 VerDate Dec< 13> 2002 17: 25 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JAR1. SGM 24JAR1 3433 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Rules and Regulations Standard from the 1997 ASTM Standard.'' A copy of this document, as well as an annotated copy of the 1997 ASTM standard identifying the specific modifications incorporated into the ASTM 2000 standard, is included in the regulatory docket for today's rule. EPA believes that it is consistent with Congressional intent to require the use of the most current standards available until EPA has promulgated its standard and not to require the use of standards that have been superseded or that generally are not available. In addition, Congress did not intend to place an undue burden on interested parties seeking to obtain and implement the standard. Given that the version of the ASTM standard cited in the Brownfields Law is no longer available, such an undue burden may occur, if EPA does not undertake today's action. In particular, recipients of grant monies awarded under the new Brownfields Law may experience an undue burden, if required to comply with the ASTM standard that no longer is available or recognized as the current industry standard. Therefore, with today's action, EPA is clarifying that for the purposes of CERCLA section 101 ( 35)( B), until the Agency promulgates regulations implementing standards for all appropriate inquiry, parties may use either the procedures provided in ASTM E1527   2000, entitled `` Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process,'' or the standard ASTM E1527   97. EPA has determined that it is reasonable to promulgate this clarification as a direct final rule that is effective immediately, rather than delay promulgation of the clarification until after receipt and consideration of public comments, to avoid any further confusion with regard to the acceptable standard for conducting all appropriate inquiry and to ensure that new grant recipients are not placed under any undue burden.

III. Today's Action EPA is publishing this direct final rule because the Agency wants to reduce any undue burden placed upon grant recipients. In addition, the Agency views this as a noncontroversial action and anticipates no adverse comment. We believe that today's action is reasonable and can be promulgated without consideration of public comment because it: ( 1) Allows for the use of the updated version of the standard cited in the Brownfields Law, while also allowing the use of the former version, and the updated version of the standard is similar to, and not significantly different than, the previous standard; ( 2) reduces the burden of obtaining an appropriate standard, given that the standard cited in the Brownfields Law is no longer available; and ( 3) this action merely clarifies an interim standard that is effective only until EPA promulgates a final rule replacing the interim standard. Although we view today's action as noncontroversial, in the `` Proposed Rules'' section of today's Federal Register, we are publishing a separate proposed rule containing the clarification summarized above. That proposed rule will serve as the proposal to be revised, if adverse comments are received. If EPA does not receive adverse comment in response to this rule prior to February 24, 2003, this rule will become effective on March 25, 2003, without further notice. If EPA receives adverse comment, we will publish a timely withdrawal of this rule in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time and before February 24, 2003.

IV. Future Rulemaking Setting Standards for `` All Appropriate Inquiry'' EPA also is announcing today its progress in developing regulatory standards for conducting `` all appropriate inquiry.'' The Brownfields Law requires that EPA promulgate such standards within two years of enactment of the law, or by January 2004. Congress included in the Brownfields Law a list of criteria that the Agency must address in the regulations establishing standards and practices for conducting all appropriate inquiry ( section 101( 35)( 2)( B)( ii)). The Act also requires that parties receiving funding under the Federal brownfields program to conduct site assessments must conduct the site assessment in accordance with the standards and practices for all appropriate inquiry established under the same provision of the Act. EPA is soliciting the advice and input of public and private stakeholder groups in developing the regulations for conducting all appropriate inquiry in accordance with the criteria set forth by Congress. We understand that voluntary standards developed by standards developing organizations, such as the ASTM 1527   2000 standard, are available and are currently being used to conduct all appropriate inquiry in conjunction with private real estate property transactions. In addition, site assessment protocols have been established under the Federal Superfund remedial action and RCRA corrective action programs, as well as within State clean up programs. We intend to develop Federal regulations that build upon the depth of experience accrued in both the public and private sectors in implementing these standards and programs. We believe that building upon currently available private sector standards for undertaking all appropriate inquiry as well as building on the experience of state and Federal government site assessment programs is the most efficient and economical way to develop Federal regulatory standards that will both meet the criteria set in the Brownfields Law and ensure minimal disruption to the private market and State and Federal site assessment programs. To ensure that we obtain a diverse array of input from both private sector stakeholders and state program officials, EPA is developing the federal regulations by soliciting private and public sector input under the convening stage of the negotiated rulemaking process, and may supplement our information gathering through the conduct of public meetings. We initiated the convening stage of a negotiated rulemaking process to identify appropriate stakeholder groups and solicit advice and input from experienced public and private sector users of similar standards. Following an evaluation of stakeholder interests and input during the convening process, we either will announce our intent to continue with a negotiated rulemaking process, or announce our intent to solicit public input, by way of an additional notice or a public meeting, on options for a proposed rulemaking that will set standards for all appropriate inquiry. We anticipate announcing our intended approach for the development of a proposed rulemaking in the Federal Register during the winter of 2003. Any questions regarding our future regulatory effort should be directed to the parties listed above in the section entitled FOR FURTHER INFORMATION CONTACT.

V. Statutory and Executive Order Reviews a. Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a `` significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. b. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 FR U. S. C. 3501 et seq.)

VerDate Dec< 13> 2002 17: 25 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JAR1. SGM 24JAR1 3434 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Rules and Regulations c. The Regulatory Flexibility Act ( RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the APA or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This action will not have a significant impact on a substantial number of small entities because it does not create any new requirements. d. Because the purpose of today's action is to make a clarification that does not create any new requirements it has no economic impact and is not subject to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Pubic Law 104   4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. e. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999). f. This rule does not have tribal implications, as specified by Executive Order 13175 ( 65 FR 67249, November 6, 2000). g. This rule is not subject to Executive Order 13045 ( 62 FR 1985, April 23, 1997), because it is not economically significant. h. This rule is not subject to Executive Order 13211, `` Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use'' ( 66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. i. This action does involve technical standards; therefore, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272) apply. The NTTAA was signed into law on March 7, 1996 and, among other things, directs the National Institute of Standards and Technology ( NIST) to bring together federal agencies as well as state and local governments to achieve greater reliance on voluntary standards and decreased dependence on in house standards. It states that use of such standards, whenever practicable and appropriate, is intended to achieve the following goals: ( a) Eliminate the cost to the government of developing its own standards and decrease the cost of goods procured and the burden of complying with agency regulation; ( b) provide incentives and opportunities to establish standards that serve national needs; ( c) encourage long term growth for U. S. enterprises and promote efficiency and economic competition through harmonization of standards; and ( d) further the policy of reliance upon the private sector to supply Government needs for goods and services. The Act requires that federal agencies adopt private sector standards, particularly those developed by standards developing organizations ( SDOs), wherever possible in lieu of creating proprietary, non consensus standards. Today's action is compliant with the spirit and requirements of the NTTAA, given that the interim standard for all appropriate inquiry that is the subject of today's action is a private sector standard developed by a standard developing organization. Today's action allows for the use of the American Society for Testing and Materials ( ASTM) standard known as Standard E1527   2000 and entitled `` Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process'' as the interim standard for conducting all appropriate inquiry for properties purchased on or after May 31, 1997, or in the alternative, the use of Standard E1527   97, and entitled `` Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process.'' j. Today's action does not involve special consideration of environmental justice related issues as required by Executive Order 12898 ( 59 FR 7629, February 16, 1994). k. 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 submitted a report containing this rule 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). This rule will be effective March 25, 2003 unless EPA publishes a withdrawal in the Federal Register. List of Subjects in 40 CFR Part 312 Environmental protection, Administrative practice and procedure, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: January 17, 2003. Christine Todd Whitman, Administrator.

For the reasons set out in the preamble, title 40 chapter J of the code of Federal Regulations is amended as follows: 1. Title 40 Chapter J is amended by adding new part 312 to read as follows:

PART 312   INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL APPROPRIATE INQUIRY Subpart A   Introduction Sec. 312.1 Purpose and applicability. 312.2 Standards and practices for all appropriate inquiry.

Subpart B   [ Reserved]

Authority: Section 101( 35)( B) of CERCLA, as amended, 42 U. S. C. 9601( 3)( B).

Subpart A   Introduction § 312.1 Purpose and applicability.

( a) Purpose. The purpose of this section is to provide standards and procedures for `` all appropriate inquiry'' for the purposes of CERCLA section 101( 35)( B). ( b) Applicability. This section is applicable to: potential innocent landowners conducting all appropriate inquiry under section 101( 35)( B) of CERCLA; bona fide prospective purchasers defined under section 101( 40) of CERCLA; contiguous property owners under section 107( q) of CERCLA; and persons conducting site characterization and assessments with the use of a grant awarded under CERCLA section 104( k)( 2)( B)( ii).

§ 312.2 Standards and practices for all appropriate inquiry.

( a) With respect to property purchased on or after May 31, 1997, the procedures of the American Society for Testing and Materials ( ASTM) 1527   97 and the procedures of the American Society for Testing and Materials ( ASTM) 1527   2000, both entitled `` Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process,'' shall satisfy the requirements for conducting `` all appropriate inquiry'' under section 101( 35)( B)( i)( I) of CERCLA, as amended VerDate Dec< 13> 2002 17: 25 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JAR1. SGM 24JAR1 3435 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Rules and Regulations by the Small Business Liability Relief and Brownfields Revitalization Act.

[ FR Doc. 03   1631 Filed 1   23   03; 8: 45 am]

BILLING CODE 6560   50   P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 482 [ CMS   3050   F]

RIN 0938   AK40 Medicare and Medicaid Programs; Hospital Conditions of Participation: Quality Assessment and Performance Improvement AGENCY: Centers for Medicare & Medicaid Services ( CMS), HHS. ACTION: Final rule.

SUMMARY: This final rule requires hospitals to develop and maintain a quality assessment and performance improvement ( QAPI) program. In the December 19, 1997 Federal Register, we published a proposed rule to revise the hospitals conditions of participation ( CoPs). The QAPI CoP was one of the conditions included in the proposed rule. We separated the QAPI CoP from the larger set of hospital CoPs so that it could be published in advance of the remaining CoPs to implement the Administration's initiatives regarding medical errors. QAPI focuses provider efforts on the actual care delivered to patients, the performance of the hospital as an organization, and the impact of treatment furnished by the hospital on the health status of its patients. Specifically, it is important to note that a QAPI is not designed to measure a hospital's quality, but rather a minimum requirement that the hospital systematically examine its quality and implement specific improvement projects on an ongoing basis. State agencies ( SAs) during their surveys, review all aspects of a hospital's operations and this review provides a framework in which the SA can assess a hospital's QAPI program. In addition, the QAPI entails all activities required for measuring quality of care and maintaining it at acceptable levels. This typically includes     Identifying and verifying qualityrelated problems and their underlying cause;   Designing and implementing corrective action activities to address deficiencies; and   Following up to determine the degree of success of an intervention and to detect new problems and opportunities for improvement. Performance improvement activities aim to improve overall performance assuming that there is no permanent threshold for good performance. Under performance improvement framework, hospitals will continuously study and improve the processes of healthcare and delivery of service. EFFECTIVE DATE: These regulations are effective on March 25, 2003. FOR FURTHER INFORMATION CONTACT: Nancy Archer, ( 410) 786   0596; Mary Collins, ( 410) 786   3189; Monique Howard, ( 410) 786   3869; Jeannie Miller, ( 410) 786   3164; SUPPLEMENTARY INFORMATION:

I. Background A. General In the December 19, 1997 Federal Register ( 62 FR 66726), we published a proposed rule entitled `` Medicare and Medicaid Programs; Hospital Conditions of Participation; Provider Agreements and Supplier Approval'' to revise the entire set of Conditions of Participation ( CoPs) for hospitals. The CoPs are the requirements that hospitals must meet to participate in the Medicare and Medicaid programs. The CoPs are intended to protect patient health and safety and to ensure that high quality care is provided to all patients. The State survey agencies ( SAs), in accordance with section 1864 of the Social Security Act ( the Act), survey hospitals to assess compliance with the CoPs. The SAs conduct surveys using the instructions in the State Operations Manual ( SOM), ( Health Care Financing Administration ( HCFA) Publication No. 7). The SOM contains the regulatory language of the CoPs as well as interpretive guidelines and survey procedures and probes that elaborate on regulatory intent and give guidance on how to assess provider compliance. Under § 489.10( d), the SAs determine whether hospitals have met the CoPs and report their recommendations to us. Under the authority of section 1865 of the Act and the regulations at § 488.5, hospitals accredited by the Joint Commission on Accreditation of Healthcare Organizations ( JCAHO) or the American Osteopathic Association ( AOA) are deemed to meet the requirements in the CoPs, and therefore, are not routinely surveyed for compliance by the SAs. However, all Medicare and Medicaid participating hospitals are required to be in compliance with our CoPs regardless of their accreditation status. B. Patient Safety and Medical Errors In 1999, the Institute of Medicine ( IOM) published a report entitled `` To Err is Human: Building a Safer Health System,'' which highlighted patient injuries associated with medical errors. In this report, the IOM defined an error as the following: `` An error is defined as the failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim.'' The IOM report also indicated that an estimated 44,000 to 98,000 Americans die annually as a result of preventable medical errors. The results of the report have generated substantial media, public, Congressional, and Departmental concerns regarding patients health and safety. As recommended by the IOM, the Quality Interagency Coordination Task Force ( QuIC), evaluated and responded to the recommendations in the IOM report with a strategy to identify patient safety issues and to reduce the number of errors by 50 percent over the next 5 years. In an effort to thoroughly consider all of the relevant issues related to medical errors, the QuIC expanded the IOM's definition to read as follows: `` An error is defined as the failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim. Errors can include problems in practice, products, procedures, and systems.'' We have adopted the QuIC revised definition of an error. Accordingly, the QAPI CoP has been separated from the larger set of CoPs and published in an accelerated timeframe because it provides the framework to implement the Administration's initiatives designed to help distinguish and avoid mistakes in the healthcare delivery system. In addition, we are requiring that a hospital's QAPI program be an ongoing program that shows measurable improvement in indicators for which there is evidence that they will improve health outcomes and identify and reduce medical errors. The remaining provisions of the hospital CoPs will be published at a later date. Many people believe that medical errors involve medication ( for example, an incorrect or improper dosage of medicine) or surgical errors ( for example, incorrect site amputation). However, there are many other types of medical errors including     Diagnostic errors ( for example, misdiagnoses leading to an incorrect choice of therapy or treatment, failure to use an indicated diagnostic test, misinterpretation of test results, and VerDate Dec< 13> 2002 17: 25 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 24JAR1. SGM 24JAR1


2025 Federal Register / Vol. 68, No. 10 / Wednesday, January 15, 2003 / Notices products or taking `` other appropriate regulatory action.''

List of Subjects Environmental protection, Chemicals, Pesticides and pests.

Dated: December 19, 2002. Lois Rossi, Director, Special Review and Reregistration Division, Office of Pesticide Programs. FR Doc. 03   849 Filed 1   14   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0246; FRL   7284   4]

Bis( Tributyltin) Oxide and Tributyltin Methacrylate; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In accordance with section 6( f)( 1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended, EPA is issuing a notice of receipt of request by International Paint Inc. and Hempel Coatings ( USA), Inc. to voluntarily cancel registrations of three antifouling paint products containing tributyltin compounds. Section 6( f)( 1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register and provide for a 30   day comment period. DATES: Comments must be received on or before February 14, 2003.

FOR FURTHER INFORMATION CONTACT: By mail: Jill Bloom, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Office location for commercial courier delivery, telephone number, and e mail address: Room 604W53, Crystal Mall # 2, 1921 Jefferson Davis Highway, Arlington, VA 22202, ( 703) 308   8019; email bloom. jill@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

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

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket ID number OPP   2002   0246. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 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/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ 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. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

C. How and to Whom Do I Submit Comments? You may submit comments through the mail, in person, or electronically. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2002   0246 in the subject line on the first page of your response. 1. By mail. Submit your comments to: Public Information and Records Integrity Branch ( PIRIB), Information Resources and Services Division ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 2. In person or by courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Information Resources and Services Division ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805. 3. Electronically. You may submit your comments electronically by e mail to: opp docket@ epa. gov, or you can submit a computer disk as described above. Do not submit any information electronically that you consider to be CBI. Avoid the use of special characters and any form of encryption. Electronic submissions will be accepted in WordPerfect 6.1/ 8.0 or ASCII file format. All comments in electronic form must be identified by docket ID number OPP   2002   0246. Electronic comments also may be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency? Do not submit any information electronically that you consider to be CBI. You may claim information that you submit to EPA in response to this document as CBI by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy that does not contain the information claimed as CBI must be submitted for inclusion in the public version of the official record. Information not marked confidential will be included in the public version of the official record without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

II. What Action is the Agency Taking? This notice announces receipt by the Agency of applications from registrants to cancel certain pesticide products registered under section 3 of FIFRA. International Paint Inc. has voluntarily requested that EPA cancel two of its product registrations containing tributyltin compounds. Hempel Coatings ( USA), Inc. has voluntarily VerDate Dec< 13> 2002 17: 08 Jan 14, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15JAN1. SGM 15JAN1 2026 Federal Register / Vol. 68, No. 10 / Wednesday, January 15, 2003 / Notices requested that EPA cancel its sole product registration containing tributyltin compounds. These registrations are listed in Table 1 of this unit:

TABLE 1.   REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION Company Name Registration number Product Name Active Ingredients International Paint Inc. 67543   8 XL   48 Tributyltin methacrylate International Paint Inc. 2693   123 Interswift BKA007 Red Bis( tributyltin) oxide tributyltin methacrylate Hempel Coatings ( USA), 10250   53 Hempel's Antifouling Combic 76990   51110 Red Bis( tributyltin) oxide tributyltin methacrylate International Paint Inc. requested these actions in letters dated May 17, 2002 and June 3, 2002 for its products with EPA registration numbers 67543   8 and 2693   123, respectively. On June 19, 2002, International Paint Inc. requested that it be allowed to continue to sell and distribute existing stocks of these products until December 1, 2002. On July 26, 2002, International Paint Inc. waived the 180   day period that typically has been allowed before certain requests for voluntary cancellation are approved or denied. Hempel Coatings ( USA), Inc. requested the voluntary cancellation of its product with EPA registration number 10250   53 in a letter dated July 8, 2002. In that same letter, the registrant requested that it be allowed to continue to sell and distribute existing stocks of the subject product until December 31, 2002, and waived the 180   day period that typically has been allowed before certain requests for voluntary cancellation are approved or denied. Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 of this unit, in ascending sequence by EPA company number:

TABLE 2.   REGISTRANTS REQUESTING VOLUNTARY CANCELLATION EPA Company No. Company Name and Address 2693 International Paint Inc. 2270 Morris Avenue Union, NJ 07083 10250 Hempel Coatings ( USA). Inc. 600 Conroe Park North Conroe, TX 77303   5056 67543 International Paint Inc. 2270 Morris Avenue Union, NJ 07083 III. What is the Agency's Authority for Taking this Action?

Section 6( f)( 1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register and provide a 30   day period for comments on the notice. Thereafter, the Administrator may act on such a request.

IV. Procedures for Withdrawal of Request Both International Paint Inc. and Hempel Coatings ( USA), Inc. have waived any right to withdraw their requests for voluntary cancellation of the products listed in Table 1 in Unit II.

V. Provisions for Disposition of Existing Stocks The effective date of cancellation will be the date of the cancellation order. For purposes of the cancellation order that the Agency intends to issue at the close of the comment period for this announcement, the term `` existing stocks'' will be defined, pursuant to the Agency's statement of policy as prescribed in the Federal Register of June 26, 1991 ( 56 FR 29362) ( FRL   3846   4). Exceptions to this general rule will be made if a product poses a risk concern, or is in noncompliance with reregistration requirements, or is subject to a data call in. In all cases, productspecific disposition dates will be given in the cancellation orders. Existing stocks are those stocks of registered pesticide products which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the cancellation action. Unless, the provisions of an earlier order apply, existing stocks already in the hands of dealers or users can be distributed, sold, or used legally until they are exhausted, provided that such further sale and use comply with the EPA approved label and labeling of the affected product. Any sale, distribution, or use of existing stocks after the effective date of the cancellation order that is not consistent with the terms of the cancellation order will be considered a violation of section 12( a)( 2)( K) and/ or 12( a)( 1)( A) of FIFRA, unless it is for purposes of shipping such stocks for relabeling, repackaging, export consistent with the requirements of section 17 of FIFRA, or disposal. In the cancellation orders issued in response to the requests for voluntary cancellation cited in this notice, the Agency proposes to include the following provisions for treatment of any existing stocks of the products identified in Table 1 in Unit II. All sale, distribution, or use by International Paint Inc. of existing stocks of its affected products listed in Table 1 in Unit II. will be unlawful under FIFRA after December 1, 2002. Any stocks of such products not in the hands of the registrant may continue to be sold, distributed, and used until such stocks are exhausted. All sale, distribution, or use by Hempel Coatings ( USA), Inc. of existing stocks of its affected product listed in Table 1 in Unit II. will be unlawful under FIFRA after December 31, 2002. Any stocks of such products not in the hands of the registrant may continue to be sold, distributed, and used until such stocks are exhausted.

List of Subjects Environmental protection, Pesticides and pests.

December 24, 2002.

Lois Rossi,

Director, Information Resources Services Division, Office of Pesticide Programs. [ FR Doc. 03   613 Filed 1   14   03; 8: 45 am]

BILLING CODE 6560   50   S VerDate Dec< 13> 2002 17: 08 Jan 14, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15JAN1. SGM 15JAN1


[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Rules and Regulations]
[Pages 32266-32268]
[FR Doc No: 2019-14416]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0119; Product Identifier 2018-NM-156-AD; Amendment
39-19663; AD 2019-12-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series 705),
CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet
Series 1000) airplanes. This AD was prompted by reports that certain
aft fuselage fittings are susceptible to cracking because they were not
manufactured correctly. This AD requires replacement of those fittings
with correctly manufactured parts, an eddy current inspection of
certain fastener holes for cracking, and corrective actions if
necessary. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective August 12, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 12,
2019.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet http://www.bombardier.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0119.

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-2019-
0119; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2D15 (Regional Jet Series 705), CL-600-2D24
(Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000)
airplanes. The NPRM published in the Federal Register on March 12, 2019
(84 FR 8832). The NPRM was prompted by reports that certain aft
fuselage fittings are susceptible to cracking because they were not
manufactured correctly. The NPRM proposed to require replacement of
those fittings with correctly manufactured parts, an eddy current
inspection of certain fastener holes for cracking, and corrective
actions if necessary.
    The FAA is issuing this AD to address the possibility of undetected
cracks developing in the aft fuselage fittings due to the absence of
heat treatment, which could lead to aircraft structural failure.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-25, dated October
3, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model CL-600-2D15 (Regional Jet
Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25
(Regional Jet Series 1000) airplanes. The MCAI states:

    Bombardier Aerospace (BA) has informed Transport Canada that a
batch of AFT fuselage fittings were not heat treated to the required
material specification. Due to the absence of heat treatment for
those parts, the affected AFT fuselage fittings have very low
mechanical properties and there is a possibility for undetected
cracks to develop as a result of mooring operations, which could
lead to aircraft structural failure.
    This [Canadian] AD mandates the removal and replacement of the
affected AFT fuselage fittings.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0119.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The commenter indicated support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 670BA-53-056, dated February
11, 2016. This service information describes, among other actions,
procedures for removal and replacement of the aft fuselage fittings,
and an eddy current inspection of certain fastener holes for cracking.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 12 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................             (*)           $425 *         $5,100 *
----------------------------------------------------------------------------------------------------------------
* Parts cost unavailable.

    The FAA has received no definitive data that would enable us to
provide cost estimates for the on-condition actions specified in this
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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2019-12-08 Bombardier, Inc.: Docket No. FAA-2019-0119; Product
Identifier 2018-NM-156-AD.

(a) Effective Date

    This AD is effective August 12, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in
any category, as identified in paragraphs (c)(1) and (c)(2) of this
AD.
    (1) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24
(Regional Jet Series 900) airplanes, serial numbers (S/Ns) 15336
through 15343 inclusive, 15351, and 15358 through 15362 inclusive.
    (2) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, S/N
19041.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports that certain aft fuselage
fittings are susceptible to cracking because they were not
manufactured correctly. The FAA is issuing this AD to address the
possibility of undetected cracks developing in the aft fuselage
fittings due to the absence of heat treatment, which could lead to
aircraft structural failure.

(f) Compliance

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

(g) Required Actions

    Within 8,800 flight hours after the effective date of this AD,
remove all aft fuselage fittings, replace with new aft fuselage
fittings, and do an eddy current inspection of the fastener holes of
frame FS1162.00 and stringers 17L, 17R, and 18L for cracking, in
accordance with Part C of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-53-056, dated February 11, 2016.

(h) Corrective Action for Cracking

    If any crack is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair using a
method approved by the Manager, New York ACO Branch, FAA; or
Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA
Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.

(i) Other FAA AD Provisions

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

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2018-25, dated October 3, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at

http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0119.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax:
516-794-5531; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 670BA-53-056, dated February 11,
2016.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on June 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14416 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13291-13293]
[FR Doc No: 2014-05095]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP14-551-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: RAM 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5043.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-552-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: EPCA 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5045.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-553-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: TCRA 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5050.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-554-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: 2014 Annual Fuel and Electric Power Reimbursement to
be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5051.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-555-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Fuel Filing--Eff. April 1, 2014 to be effective 4/1/
2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5066.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-556-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Creditworthiness Revisions to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5071.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-557-000.
    Applicants: Northern Natural Gas Company.
    Description: 20140228 Black Hills Non-Conforming to be effective 4/
1/2014.
    Filed Date: 2/28/14.

    Accession Number: 20140228-5073.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-558-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Transportation Retainage Adjustment to be effective 4/
1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5075.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-559-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: FL&U to be effective April 1, 2014 to be effective 4/
1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5095.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-560-000.
    Applicants: KO Transmission Company.
    Description: Transportation Retainage Adjustment Filing 2014 to be
effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5114.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-561-000.
    Applicants: Central Kentucky Transmission Company.
    Description: RAM 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5116.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-562-000.
    Applicants: TransColorado Gas Transmission Company L.
    Description: TransColorado Gas Transmission Company LLC 2013 Annual
Fuel Gas Reimbursement Percentage Report.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5129.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-563-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Fuel Tracker 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5130.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-564-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Fuel Filing on 2-28-14 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5133.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-565-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Trenton Woodbury Expansion to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5134.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-566-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Storm Surcharge Filing, no change in rate of Dauphin
Island Gathering Partners.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5136.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-567-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: OTRA Tariff Modification to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5137.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-568-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company Annual Transportation
Retainage Filing.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5149.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-569-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: RAM 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5152.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-570-000.
    Applicants: Cimarron River Pipeline, LLC.
    Description: Fuel Tracker 2014 to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5156.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-571-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--Allegheny Storage Project (CP12-72) Storage
Service to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5163.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-572-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--February 28, 2014 Negotiated Rate & Nonconforming
SA to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5168.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-573-000.
    Applicants: KPC Pipeline, LLC.
    Description: KPC Fuel Reimbursement Adjustment to be effective 4/1/
2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5170.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-574-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company Annual Report on
Operational Transactions.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5177.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-575-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC Annual Report on
Operational Transactions.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5178.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-576-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Columbia Gulf Transmission, LLC Annual Report on
Operational Transactions.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5179.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-577-000.
    Applicants: Hardy Storage Company, LLC.
    Description: Hardy Storage Company, LLC Annual Report on
Operational Transactions.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5180.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-578-000.
    Applicants: American Midstream (Midla), LLC.
    Description: Midla Non-Conforming Agreements to be effective 3/1/
2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5184.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-579-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Negotiated Rate Service Agmt--Amendment SW 27912 to be
effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5188.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-580-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 02/28/14 Negotiated Rates--JP Morgan Ventures Energy
Corp (HUB) 6025-89 to be effective 2/27/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5205.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-581-000.
    Applicants: Iroquois Gas Transmission System, L.P.

    Description: 02/28/14 Negotiated Rates--Trafigura AG (HUB) 7445-89
to be effective 2/27/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5208.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-582-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Enhancement to PXS Service to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5210.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-583-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: MarkWest Pioneer--Quarterly FRP Filing to be effective
4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5216.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-584-000.
    Applicants: Northern Natural Gas Company.
    Description: 20140228 Negotiated Rate to be effective 3/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5220.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-585-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Negotiated Rate & Non-Conforming Agreement--WPX,
Columbia, SW to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5251.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-586-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: DCP--2014 Annual EPCA to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5258.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-587-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: DCP--2014 Annual Fuel Retainage to be effective 4/1/
2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5262.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-588-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: LG-S Rate Schedule Revision to be effective 4/1/2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5303.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-589-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 02/28/14 Negotiated Rates--Tenaska Gas Storage, LLC
(HUB) 1175-89 to be effective 2/27/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5000.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-590-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Neg Rate 2014-02-28 Conoco Phillips, BP to be
effective 3/1/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5001.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-592-000.
    Applicants: Equitrans, L.P.
    Description: Revised Formula-Based Negotiated Rates to be effective
3/1/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5016.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-593-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 03/03/14 Negotiated Rates--JP Morgan Ventures Energy
Corp (HUB) 6025-89 to be effective 3/1/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5017.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-594-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Negotiated Rate PAL Agreements--BP Canada Energy
Marketing & Exelon Generation to be effective 3/3/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5018.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-595-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 03/03/14 Negotiated Rates--Trafigura AG (HUB) 7445-89
to be effective 2/28/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5019.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-596-000.
    Applicants: Energy West Development, Inc.
    Description: LAUF Adjustment Filing to be effective 4/2/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5024.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-597-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Negotiated Rate PAL Agreement--Northern Indiana Public
Service Company to be effective 3/3/2014.
    Filed Date: 3/3/14.
    Accession Number: 20140303-5028.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-598-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Negotiated Rate PAL Agreement--Spark Energy Gas, L.P.
to be effective 3/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5001.
    Comments Due: 5 p.m. ET 3/17/14.

    Docket Numbers: RP14-599-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Neg Rate Agmt Filing (Tenaska 42095) to be effective
3/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5009.
    Comments Due: 5 p.m. ET 3/17/14.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP13-526-002.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Request to Postpone Effectiveness of Certain Tariff
Records.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5042.
    Comments Due: 5 p.m. ET 3/12/14.

    Docket Numbers: RP14-560-001.
    Applicants: KO Transmission Company.
    Description: Amendment to Docket No. RP14-560 to be effective 4/1/
2014.
    Filed Date: 2/28/14.
    Accession Number: 20140228-5263.
    Comments Due: 5 p.m. ET 3/12/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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 March 4, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-05095 Filed 3-7-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[CORRECTIONS]
[Page 27533]
[DOCID:fr11my06-132]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0170 FRL-8167-4]

Regulation of Fuels and Fuel Additives: Removal of Reformulated
Gasoline Oxygen Content Requirement and Revision of Commingling
Prohibitions To Address Non-Oxygenated Reformulated Gasoline; Partial
Withdrawal; Correction

Correction

    In rule document 06-4253 beginning on page 26419 in the issue of
Friday, May 5, 2006, make the following correction:

Sec.  80.79  [Corrected]

    On page 26420, in the third column, in Sec.  80.79, in the second
to last line, the phrase ``paragraphs (a)(5) and (c)(1) to read as''
should read ``paragraph (a)(5) to read as''.

[FR Doc. C6-4253 Filed 5-10-06; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52388-52389]
[FR Doc No: 2012-21219]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0231; FMCSA-2010-0082; FMCSA-2010-0114]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
14 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective September 23, 2012. Comments must be
received on or before September 28, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2008-0231; FMCSA-
2010-0082; FMCSA-2010-0114, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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 or Courier: 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 for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    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 Federal Docket Management System (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 on-line.
    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 of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS 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: Elaine M. Papp, 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.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 14 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 14 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

William C. Ball (NC)
Terrence L. Benning (WI)
Robert S. Bowen (GA)
Dennis R. Buszkiewicz (IL)
Larry T. Byrley (OH)
James R. Corley (AL)
Alfred A. Costantino (RI)
Larry D. Curry (GA)
Kelly M. Greene (FL)
John H. Holmberg (WI)
William D. Holt (AZ)
Garry R. Lomen (WA)
Thomas P. Shank (NY)
Christopher M. Vincent (NC)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. 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.

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 for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 14 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (73 FR 46973; 73 FR 54888; 75 FR 25917; 75 FR 34209; 75 FR
39727; 75 FR 47886; 75 FR 52063). Each of these 14 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by September 28, 2012.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 14 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    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.

    Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21219 Filed 8-28-12; 8:45 am]
BILLING CODE 4910-EX-P