[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36956-36957]
[DOCID:fr30jn08-145]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Reappointment of Representatives to the Unified Carrier
Registration Agreement Board of Directors

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

ACTION: Notice.

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

SUMMARY: FMCSA announces the reappointment of four Directors who serve
on the Board of Directors that governs the Unified Carrier Registration
(UCR) Agreement as the representatives from each of the four FMCSA
service areas. The Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) created the
UCR Agreement. Under the UCR Agreement, for-hire and private motor
carriers, brokers, freight forwarders, and leasing companies provide
registration and financial responsibility information and pay certain
fees. The UCR Agreement replaced the Single State Registration System
(SSRS), which was repealed January 1, 2007.

DATES: The Directors' appointments to the Board are effective beginning
on June 1, 2008. Their terms will expire May 31, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Otto, Federal Motor Carrier
Safety Administration, Office of Safety Programs (MC-ES), (202) 366-
0710, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours
are from 8 a.m. to 5 p.m., ET, Monday through Friday except Federal
holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 4305 of SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144, Aug.
10, 2005) created, under Title 49 of the U.S. Code, a new section
14504a titled ``Unified Carrier Registration System Plan and
Agreement.'' Under the UCR Agreement, for-hire motor carriers, motor
private carriers, brokers, freight forwarders, and leasing companies
provide registration and financial responsibility information and pay
certain fees. The Unified Carrier Registration Plan Board of Directors
must issue rules and regulations to govern the UCR Agreement.
    Title 49 U.S.C. 14504a(a)(9) defines the Unified Carrier
Registration Plan as the organization of State, Federal, and industry
representatives responsible for developing, implementing, and
administering the UCR Agreement. Section 14504a(d)(1)(B) directed the
Secretary to establish a Unified Carrier Registration Plan Board of
Directors made up of 15 members representing FMCSA, State government,
and the motor carrier industry.
    Section 14504a(d) stipulates that the Unified Carrier Registration
Plan Board of Directors must consist of representatives from the
following groups:
     One Director from the U.S. Department of Transportation,
either the FMCSA Deputy Administrator or such other Presidential
appointee;
     Four Directors, one from each of FMCSA service areas (as
defined by FMCSA in 71 FR 27778, Jan. 1, 2005), selected from among the
chief administrative officers of the State agencies responsible for
overseeing the administration of the UCR agreement;
     Five Directors representing the State agencies responsible
for overseeing the administration of the UCR Agreement, selected from
among their professional staffs and nominated by the National
Conference of State Transportation Specialists (NCSTS), a non-profit
organization founded in 1959 and consisting of State agencies involved
in transportation safety, insurance, and consumer protection; and
     Five Directors representing the motor carrier industry.

Board of Directors

    Today's publication serves as public notice of the reappointment of
the board members from four FMCSA service areas to the Unified Carrier
Registration Plan Board of Directors. The four members reappointed to
the Board include the following:
    Mr. Charles ``Buddy'' Covert, Director, Transportation
Administration Division, Public Service Commission of West Virginia is
being reappointed to represent the FMCSA Eastern service area. Mr.
Covert's office assists the State with supporting and promoting a
transportation safety environment that balances the interests of all
parties and pursues excellence through quality. The current
Transportation Administration Division consists of the Director's
office and three operations sections that include Motor Carrier,
Hazardous Material Registration, and the Coal Resource Transportation
System.
    Ms. Sandy Bowling, Supervisor of Insurance and Safety Section,
Indiana Department of Revenue, Motor Carrier Services Division is being
reappointed to represent the FMCSA Midwestern service area. Ms. Bowling
has been with the Motor Carrier Services Division for 23 years. She is
responsible for issuing U.S. Department of Transportation (USDOT)
numbers, UCR registration, intrastate operating authority, intrastate
household goods and passenger authority, and insurance filings. Ms.
Bowling's division also created the UCR registration system on behalf
of the UCR Board. Ms. Bowling is responsible for all maintenance and
reporting for the UCR registration system.
    Ms. Angel Oliver, Supervisor, Credentialing Unit, Motor Carrier
Division, Texas Department of Transportation (TxDOT) is being
reappointed to represent the FMCSA Southern service area. The Motor
Carrier Division is responsible for administering UCR in Texas and
providing credentials to intrastate and interstate for-hire motor
carriers. Ms. Oliver has been with TxDOT for 20 years.
    Mr. Frank LaQua, Motor Carrier Services Manager, North Dakota
Department of Transportation is being reappointed to represent the
Western service area. Mr. LaQua has been with the North Dakota
Department of Transportation for 23 years, serving 15 of those years as
Manager of Motor Carrier Services. Mr. LaQua is responsible for North
Dakota's International Fuel Tax Agreement (IFTA), International
Registration Plan (IRP), and UCR program areas and is North Dakota's
IRP and IFTA Commissioner.

Board Member Term Limits

    The four Directors who are reappointed in this notice as members of
the Board will serve a term of 3 years, expiring on May 31, 2011.

    Issued on: June 18, 2008.
William A. Quade,
Associate Administrator for Enforcement and Program Delivery.
[FR Doc. E8-14755 Filed 6-27-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Proposed Rules]
[Pages 31522-31524]
[FR Doc No: 2019-14010]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-0470; Notice No. 25-19-10-SC]

Special Conditions: Gulfstream Aerospace Corporation Model GVII
Series Airplane; Electro-Hydraulically Actuated Seats Equipped With
Backup Power Supply

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Gulfstream
Aerospace Corporation (Gulfstream) Model GVII series airplane. These
airplanes, as modified by Gulfstream, will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport-category airplanes. This
design feature is electro-hydraulically actuated seats equipped with
backup power supply. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These proposed special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send comments on or before August 1, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2019-0470 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.

     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, AIR-675, Airframe and
Cabin Safety Section, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On October 12, 2018, Gulfstream applied for a supplemental type
certificate for electro-hydraulically actuated seats equipped with
backup power supply in the Model GVII series airplane. The Gulfstream
Model GVII series airplane, currently approved under Type Certificate
No. T00021AT, is twin-engine, transport-category airplane with seating
for 19 passengers and a maximum takeoff weight of 79,600 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Gulfstream must show that the Model GVII series airplane,
as changed, continues to meet the applicable provisions of the
regulations listed in Type Certificate No. T00021AT or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Gulfstream Model GVII series
airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Gulfstream Model GVII series airplane must comply with
the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and
the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Gulfstream Model GVII series airplane will incorporate the
following novel or unusual design features:
    Hydraulically actuated components on airplane seats, including
hydraulic reservoir, pump, actuators, and backup power systems.

Discussion

    Hydraulically actuated components and backup power systems on
airplane seats are considered novel or unusual by the FAA. Therefore,
we developed special conditions that contain the additional standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
    The FAA has considered the installation of seats with these
features to have four primary safety concerns:
    1. Reliability of the backup power supply;
    2. Safety hazards to the occupants from the hydraulically actuated
components of the seat;
    3. Structural integrity of the hydraulic components; and
    4. Flammability.
    Emergency exits must be accessible to the passengers, and the
effectiveness of evacuation must be maintained. Typical airplane seats
can be positioned manually to the lateral (track) and directional
(swivel) taxi, takeoff, and landing (TT&L) position by mechanical
means, so that the seats can be positioned accordingly in the event of
a loss of cabin power. For this electro-hydraulically operated seat
design, in lieu of a manual means to re-position the hydraulically
operated seat features (backrest, seat pan, and leg-rest deployment)
for TT&L, a backup power supply (BPS) temporarily powers the hydraulic
system in the event of loss of cabin power. The BPS is deployed, and
intended only for use, in the event of a loss of cabin power. If the
seats are installed in the path of the emergency over-wing exits,
failure to return the seat to a TT&L position may have an adverse
effect on evacuation. Substantiation of 14 CFR 25.809(b) and
25.813(c)(2)(ii) must be shown with the seats in their most adverse
positions.
    It must be shown that the hydraulically actuated components of the
seat pose no safety hazard to the occupants or airplane. This includes
injuries caused by crushing of airplane occupants who are between the
hydraulically actuated components and any part of the passenger cabin
when seat features (e.g., leg rest or backrest) are actuated.
Additionally, the risk of loss of function of a control or proximity
switch, resulting in the pump motor commanded to remain pumping after
the hydraulic actuator(s) have reached their minimum or maximum limit,
must not cause the overloaded motor to overheat, a condition that could
result in fire.
    The FAA has also considered the emergency-landing dynamic
conditions

for the installation of electro-hydraulically actuated seats. The
applicant must show that the hydraulic system (actuators, reservoir,
lines, etc.) remains intact and free from leakage under the conditions
specified in Sec.  25.562. Testing of each seat's hydraulic system per
Sec.  25.1435(c) may be conducted off of the airplane.
    Flammability of hydraulic fluid used in the seat-movement mechanism
must be considered. If the fluid is flammable, it could contribute to a
post-crash or in-flight fire. Any failure modes that would result in
release of the flammable hydraulic fluid during a post-crash or in-
flight fire, causing such fluid to materially increase an existing
fire, must be examined. Examples of this could be flex lines burning
through and releasing the flammable hydraulic fluid, or the fluid
reservoir could be heated in a fire, resulting in a boiling-liquid,
expanding-vapor explosion. The potential for spontaneous ignition of
the fluid coming into contact with hot surfaces or other ignition
sources should also be addressed. The applicant should examine any
possible failure mode in which the flammable hydraulic fluid could be
absorbed into materials, such as the seat foam and fabric, carpeting,
etc. The applicant must show that any fluid-soaked seat parts remain
self-extinguishing. The applicant must also show that flammability of
dry residue, which may be present from a slow leak or fluid seepage,
does not degrade the flammability characteristics of any materials the
fluid contacts, to a level below the requirements specified in Sec.
25.853.
    These proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

Applicability

    As discussed above, these proposed special conditions are
applicable to the Gulfstream Model GVII series airplane. Should
Gulfstream apply at a later date for a supplemental type certificate to
modify any other model included on Type Certificate No. T00021AT to
incorporate the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplane. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Model GVII series airplanes modified by Gulfstream Aerospace
Corporation.
    1. It must be shown that the probability of failure of the backup
power supply to return seat components to the required taxi, takeoff,
and landing position is no greater than 10-5 per flight
hour.
    2. It must be shown that the hydraulically actuated components of
the seat pose no safety hazard to the occupants. Hazards to be
considered, per the latest revision of Advisory Circular 25.1309-1, at
a minimum are:
    a. Injuries caused by crushing of airplane occupants who are
between the hydraulically actuated components and any part of the
passenger cabin when the leg rest or backrest is actuated.
    b. The risk of loss of function of a control or proximity switch
resulting in the pump motor being commanded to stay on after the
hydraulic actuator(s) have reached their minimum or maximum limit,
creating potential for motor overheating or fire.
    c. The potential for a significant contribution to a fire in the
event fluid comes into contact with hot surfaces or other ignition
sources, and the potential for release of toxic or flammable vapors and
gasses.
    3. It must be shown that the hydraulic system (actuators,
reservoir, lines, etc.) remains intact and free from leakage under the
conditions specified in Sec.  25.562. Testing of each seat's hydraulic
system per Sec.  25.1435(c) may be conducted off of the airplane.
    4. Section 25.863 requires consideration of any effects the
hydraulic fluid, including the fluid as a dry residue, could have on
combustible or absorbing materials. The characteristics of such
flammable fluid in these conditions must be tested to the requirements
of Sec.  25.853(a) and (c), or the materials must be shielded in a
manner that prevents contact by the fluid. However, as an alternative
to such testing or shielding, the applicant may provide, in accordance
with Sec.  25.863(c), a quick-acting means that alerts the crew that
hydraulic fluid has leaked.

    Issued in Des Moines, Washington, on June 21, 2019.
Christopher R. Parker,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2019-14010 Filed 7-1-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Notices]
[Page 8039]
[DOCID:fr12fe08-21]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS08-3-000]

Peetz Table Wind Energy, LLC; Notice of Filing

February 6, 2008.
    Take notice that on January 30, 2008, Peetz Table Wind Energy, LLC
filed a petition for waiver of certain Standards of Conduct
regulations, pursuant to the Commission's Order Nos. 888, 889, and 890.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 20, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-2526 Filed 2-11-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Proposed Rules]
[Pages 28890-28893]
[FR Doc No: 2015-12154]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1956

[Docket No. OSHA-2015-0003]

Maine State Plan for State and Local Government Employers; Notice
of Submission; Proposal To Grant Initial State Plan Approval; Request
for Public Comment and Opportunity To Request Public Hearing

AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.

ACTION: Proposed rule; request for written comments; notice of
opportunity to request informal public hearing.

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

SUMMARY: This document gives notice of the submission by the Maine
Department of Labor of a developmental State Plan for occupational
safety and health, applicable only to public sector employment
(employees of the State and its political subdivisions), for
determination of initial approval under Section 18 of the Occupational
Safety and Health Act of 1970 (the ``Act''). OSHA is seeking written
public comment on whether or not initial State Plan approval should be
granted and offers an opportunity to interested persons to request an
informal public hearing on the question of initial State Plan approval.
Approval of the Maine State and Local Government Only State Plan will
be contingent upon a determination that the Plan meets, or will meet
within three years, OSHA's Plan approval criteria and the availability
of funding as contained in the Department of Labor's Fiscal Year 2015
budget.

DATES: Comments and requests for a hearing must be submitted by June
19, 2015.

ADDRESSES: Written comments: Submit comments, identified by docket
number OSHA-2015-0003, by any of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions on-line for making electronic submissions; or
    Fax: If your submission, including attachments, does not exceed 10
pages, you may fax them to the OSHA Docket Office at<PHONE_NUMBER>; or
    U.S. mail, hand delivery, express mail, messenger or courier
service: Submit your comments and attachments to the OSHA Docket
Office, Docket Number OSHA-2015-0003, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2350 (OSHA's TTY number is<PHONE_NUMBER>). Deliveries (hand,
express mail, messenger and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m.-4:45 p.m., EDT.
    Instructions for submitting comments: All submissions must include
the docket number (Docket No. OSHA-2015-0003) for this rulemaking.
Because of security-related procedures, submission by regular mail may
result in significant delay. Please contact the OSHA Docket Office for
information about security procedures for making submissions by hand
delivery, express mail and messenger or courier service. All comments,
including any personal information you provide, are placed in the
public docket without change and will be made available online at
http://www.regulations.gov. Therefore, OSHA cautions you about
submitting personal information such as social security numbers and
birthdates.
    Docket: To read or download submissions in response to this Federal
Register notice, go to docket number OSHA-2015-0003, at http://www.regulations.gov. All submissions are listed in the http://www.regulations.gov index, however some information (e.g., copyrighted
material) is not publicly available to read or download through that
Web page. All submissions, including copyrighted material, are
available for inspection at the OSHA Docket Office. Electronic copies
of this Federal Register document as well as copies of the proposed
Maine State and Local Government Only State Plan narrative are
available at http://www.regulations.gov. This document, as well as news
releases and other relevant information, is available at OSHA's Web
page at http://www.osha.gov. are available at OSHA's Web page at http://www.osha.gov. A copy of the documents referenced in this notice may
also be obtained from the OSHA Docket Office, at the address above.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Contact Francis Meilinger, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; Telephone (202) 693-
1999; email<EMAIL_ADDRESS>    For general and technical information: Contact Douglas J.
Kalinowski, Director, OSHA Directorate of Cooperative and State
Programs, Room N-3700, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210, telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the
``Act''), 29 U.S.C. 667, provides that a State which desires to assume
responsibility for the development and enforcement of standards
relating to any occupational safety and health issue with respect to
which a Federal standard has been promulgated may submit a State Plan
to the Assistant Secretary of Labor for

Occupational Safety and Health (``Assistant Secretary'') documenting
the proposed program in detail. Regulations promulgated pursuant to the
Act at 29 CFR part 1956 provide that a State may submit a State Plan
for the development and enforcement of occupational safety and health
standards applicable only to employers of the State and its political
subdivisions (``public employers''). Under these regulations the
Assistant Secretary will approve a State Plan for public employers if
the Plan provides for the development and enforcement of standards
relating to hazards in employment covered by the Plan which are or will
be at least as effective in providing safe and healthful employment and
places of employment as standards promulgated and enforced under
Section 6 of the Act, giving due consideration to differences between
public and private sector employment. In making this determination the
Assistant Secretary will consider, among other things, the criteria and
indices of effectiveness set forth in 29 CFR part 1956, subpart B.
State and local government workers are excluded from Federal OSHA
coverage under the Act.

B. Maine State Plan History

    Since 1971, the Maine Department of Labor, Bureau of Labor
Standards (Bureau), has adopted standards and performed inspections in
the public sector (State, county, and municipal employers) as outlined
under the provisions of the State's existing enabling legislation:
Maine Revised Statutes, Title 26: Labor and Industry. Maine began
working on a State and Local Government Only State Plan in 2012 and
submitted a draft Plan to OSHA in February of 2013. OSHA's review
findings were detailed in various memoranda and other documents. OSHA
determined that the Maine statutes, as structured, and the proposed
State Plan necessitated changes in order to meet the State and Local
Government Only State Plan approval criteria in 29 CFR 1956. Maine
formally submitted a revised Plan applicable only to public employers
for Federal approval on May 2, 2013. Over the next several months, OSHA
worked with Maine in identifying areas of the proposed Plan which
needed to be addressed or required clarification. In response to
Federal review of the proposed State Plan, supplemental assurances, and
revisions, corrections and additions to the Plan were submitted on
September 4, 2013 and November 7, 2014. Further modifications were
submitted by the State on December 19, 2014. Amendments to Maine
Revised Statutes, Title 26 were proposed and enacted by the Maine
Legislature and signed into law by the Governor in 2014. The amended
legislation provides the basis for establishing a comprehensive
occupational safety and health program applicable to the public
employers in the State. The revised Plan has been found to be
conceptually approvable as a developmental State Plan.
    The Act provides for funding of up to 50% of the State Plan costs,
but longstanding language in OSHA's appropriation legislation further
provides that OSHA must fund ``* * * no less than 50% of the costs . .
. required to be incurred'' by an approved State Plan. Such Federal
funds to support the State Plan must be available prior to State Plan
approval. The Fiscal Year 2015 Omnibus Appropriations Act includes
$400,000 in additional OSHA State Plan grant funds to allow for
Department of Labor approval of a Maine State Plan. After an
opportunity for public comment and a hearing, should one be requested,
the Assistant Secretary will approve the Maine State and Local
Government Only State Plan if it is determined that the Plan meets the
criteria set forth in the Act and applicable regulations at 29 CFR part
1956, subpart B. The approval of a State Plan for state and local
government employers in Maine is not a significant regulatory action as
defined in Executive Order 12866.

C. Description of the Maine State Plan

    The Plan designates the Maine Department of Labor as the State
agency responsible for administering the Plan throughout the State.
Under the Plan's legislation, Title 26 of the Maine Revised Statutes,
the Maine Department of Labor has full authority to adopt standards and
regulations (through the Board of Occupational Safety and Health) and
enforce and administer all laws and rules protecting the safety and
health of employees of the State and its political subdivisions. Maine
will adopt State standards identical to Federal occupational safety and
health standards (with minor exceptions) as promulgated through March
30, 2015. The Plan also provides that future OSHA standards and
revisions will be adopted by the State within six months of Federal
promulgation (30 days for any emergency temporary standard) in
accordance with the requirements at 29 CFR 1953.5. Title 26, Chapter 6,
Section 571 of the Maine Revised Statutes includes provisions for the
granting of permanent and temporary variances from State standards to
public employers in terms substantially similar to the variance
provisions contained in the Act. Variances may not be granted unless it
is established that adequate protection is afforded employees under the
terms of the variance. Title 26, Chapter 6, Section 566 and Chapter 3,
Section 44 of the Maine Revised Statutes provides for inspections of
covered workplaces. Title 26, Chapter 3, Subsection 50 provides for
inspections in response to employee complaints. If a determination is
made that an employee complaint does not warrant an inspection, the
complainant will be notified in writing of such determination.
Additionally, Section 44-A of Chapter 3 provides the opportunity for
employer and employee representatives to accompany an inspector during
an inspection for the purpose of aiding in the inspection. The Plan in
Title 26, Chapter 3, Sections 42-B and 45, provides for notification to
employees of their protections and obligations under the Plan by such
means as a State poster, required posting of notices of violation, etc.
Title 26, Chapter 6, subsection 570 provides for protection of
employees against discharge or discrimination resulting from exercise
of their rights under the State Acts in terms essentially identical to
Section 11(c) of the Federal Act. The Plan also includes provisions for
right of entry for inspection, prohibition of advance notice of
inspection, and employers' obligations to maintain records and provide
reports as required.
    Section 46 of Title 26 contains authority for a system of first
instance monetary penalties, and the State's intent is to issue
monetary penalties for serious violations. The State has discretionary
authority for civil penalties of up to $1,000 per day the violation
continues for repeat and willful violations. Serious and other-than-
serious violations may be assessed a penalty of up to $1,000 per
violation and failure-to-correct violations may be assessed a penalty
of up to $1,000 per day. In addition, criminal penalties can be issued
to public employers who willfully violate any standard, rule or order.
The Plan provides a scheme of enforcement for compelling compliance
under which public employers are issued citations for any violation of
standards. These citations must describe the nature of the violation,
including reference to the standard, and fix a reasonable time for
abatement. The Maine Plan includes the Board of Occupational Safety and
Health (Board), which adopts standards, and also is an independent
review authority for review of contested cases. The Director of the
Bureau will remain responsible for the enforcement process, including
the

issuance of citations and penalties, and their defense, if contested.
Public employers or their representatives who receive a citation or a
proposed penalty may within 15 working days contest the citation,
proposed penalty and/or abatement period and request a hearing before
the Board. Any public employee or representative aggrieved by a
citation or proposed penalty may within 15 working days request a
hearing before the Board. Employers may also request informal review of
penalties with the Bureau if the employer agrees to abate the cited
hazard. The Board's decision is subject to appeal to the courts.
    The State currently has a staff of two safety compliance officers
and zero health compliance officers. The Bureau delivers OSHA's On-Site
Consultation program to private sector employers throughout the State.
Maine currently has a staff of three safety and two health consultants,
who perform duties equivalent to OSHA's On-Site Consultation program,
for state and local government employers. Currently, for these
employers, if the state receives a health complaint, a consultant will
accompany and assist the enforcement officer. The Plan provides
assurances that within six months no staff will have dual roles, and
the State will have a fully trained, adequate staff of two safety
compliance officers and one health compliance officer for enforcement
inspections, and three safety consultants and one health consultant to
perform consultation services in the public sector. As new staff
members are hired they will perform either enforcement or consultation
functions. 29 CFR 1956.10(g) requires that State Plans for public
employers provide a sufficient number of adequately trained and
qualified personnel necessary for the enforcement of standards. The
compliance staffing requirements (or benchmarks) for State Plans
covering both the private and public sectors are established based on
the ``fully effective'' test established in AFL-CIO v. Marshall, 570
F.2d 1030 (D.C. Cir. 1978). This staffing test, and the complicated
formula used to derive benchmarks for complete private/public sector
Plans, is not intended, nor is it appropriate, for application to the
staffing needs of public employer only Plans. However, the State has
given satisfactory assurance in its Plan that it will meet the staffing
requirements of 29 CFR 1956.10. The State has also given satisfactory
assurances of adequate State matching funds (50%) to support the Plan
and is requesting initial Federal funding of $400,000 for a total
initial program effort of $800,000. Although the State statute sets
forth the general authority and scope for implementing the Maine State
and Local Government Only State Plan, the Plan is developmental under
the terms of 29 CFR 1956.2(b), in that specific rules, regulations, and
implementing procedures must still be adopted or revised to carry out
the Plan and make it structurally ``at least as effective'' as Federal
OSHA and fully operational. The Plan sets forth a timetable for the
accomplishment of these and other developmental goals within three
years of Plan approval. This timetable addresses such general areas as
the minor revision of existing legislation and development of
procedures for the on-site public sector consultation program. Other
developmental aspects include hiring and training of staff,
participation in OSHA's Information System (OIS), development of a
Field Operations Manual, development of an Annual Performance Plan and
a Five-Year Strategic Plan and all other implementing policies,
procedures, regulations and instruction necessary for the operation of
an effective program.

D. Request for Public Comment and Opportunity To Request Hearing

    Public comment on the Maine State and Local Government Only State
Plan is hereby requested. Interested persons are invited to submit
written data, views, and comments with respect to this proposed initial
State Plan approval. These comments must be received on or before June
19, 2015. Written submissions must clearly identify the issues that are
addressed and the positions taken with respect to each issue. The State
of Maine will be afforded the opportunity to respond to each
submission. The Maine Department of Labor must also publish appropriate
notice within the State of Maine within five days of publication of
this notice, announcing OSHA's proposal to approve a Maine State and
Local Government Only State Plan, contingent on the availability of
appropriated funds, and giving notice of the opportunity for public
comment. Pursuant to 29 CFR 1902.13(f), interested persons may request
an informal hearing concerning the proposed initial State Plan
approval. Such requests also must be received on or before June 19,
2015 and may be submitted electronically, by facsimile, or by regular
mail, hand delivery, express mail, messenger or courier service, as
indicated under ADDRESSES above. Such requests must present
particularized written objections to the proposed initial State Plan
approval. Within 30 days of the close of the comment period, the
Assistant Secretary will review all comments submitted; will review all
hearing requests; and will schedule an informal hearing if a hearing is
required to resolve substantial issues. The Assistant Secretary will,
within a reasonable time after the close of the comment period or after
the certification of the record if a hearing is held, publish a
decision in the Federal Register. All written and oral submissions, as
well as other information gathered by OSHA, will be considered in any
action taken. The record of this proceeding, including written comments
and requests for hearing, and all materials submitted in response to
this notice and at any subsequent hearing, will be available at http://www.regulations.gov or the OSHA Docket Office at the address above.

E. Regulatory Flexibility Act

    OSHA certifies pursuant to the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) that the proposed initial approval of the Maine
State Plan will not have a significant economic impact on a substantial
number of small entities. By its own terms, the Plan will have no
effect on private sector employment, but is limited to the State and
its political subdivisions. Moreover, Title 26, Labor and Industry, of
the Maine Revised Statutes, was enacted in 1971. This legislation
established the Board, whose purpose is to formulate rules that shall,
at a minimum, conform with federal standards of occupational safety and
health, so the state program could eventually be approved as State and
Local Government Only State Plan. Since 1971 the Maine program for
public employers has been in operation under the Maine Department of
Labor with State funding and all state and local government employers
in the State have been subject to its terms. Compliance with State OSHA
standards is required by State law; Federal approval of a State Plan
imposes regulatory requirements only on the agency responsible for
administering the State Plan. Accordingly, no new obligations would be
placed on public sector employers as a result of Federal approval of
the Plan.

F. Federalism

    Executive Order 13132, ``Federalism,'' emphasizes consultation
between Federal agencies and the States and establishes specific review
procedures the Federal government must follow as it carries out
policies which affect state or local governments. OSHA has consulted
extensively with Maine

throughout the development, submission and consideration of its
proposed State Plan. Although OSHA has determined that the requirements
and consultation procedures provided in Executive Order 13132 are not
applicable to initial approval decisions under the Act, which have no
effect outside the particular State receiving the approval, OSHA has
reviewed the Maine initial approval decision proposed today, and
believes it is consistent with the principles and criteria set forth in
the Executive Order.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice under the authority specified
by Section 18 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 667), Secretary of Labor's Order No. 1-2012 (77 FR 3912), and 29
CFR parts 1902 and 1956.

    Signed in Washington, DC, on May 14, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-12154 Filed 5-19-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Pages 43950-43955]
[FR Doc No: 2016-15660]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 1, 10, 11, 12, 13, and 15

[Docket No. USCG-2016-0315]

Shipping; Technical, Organizational, and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: This final rule makes non-substantive technical,
organizational, and conforming amendments to existing regulations
throughout title 46 of the Code of Federal Regulations to reorganize
Coast Guard offices responsible for administering the Mariner
Credentialing Program. This rule will have no substantive effect on the
regulated public.

DATES: This final rule is effective July 6, 2016.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2016-0315, and are available using
the Federal eRulemaking Portal. You can find this docket on the
Internet by going to http://www.regulations.gov, inserting USCG-2016-
0315 in the ``Keyword'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call or email Mr. R. Sam Teague, Coast Guard; telephone 202-372-
1425, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations

CG-MMC Coast Guard Office of Merchant Mariner Credentialing
DHS Department of Homeland Security
FR Federal Register
MCP Mariner Credentialing Program
NMC National Maritime Center
OMB Office of Management and Budget
Pub. L. Public Law
Sec.  Section symbol
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule.
Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this rule is
exempt from notice and comment rulemaking requirements because these
changes involve rules of agency organization, procedure, or practice.
In addition, the Coast Guard finds that notice and comment procedures
are unnecessary under 5 U.S.C. 553(b)(B), as this rule consists only of
corrections and editorial, organizational, and conforming amendments,
and that these changes will have no substantive effect on the regulated
public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the
same reasons, good cause exists for making this final rule effective
upon publication in the Federal Register.

III. Basis and Purpose

    The legal basis of this rule is found in 5 U.S.C. 552(a) and 553;
14 U.S.C. 633; and Department of Homeland Security Delegation No.
0170.1.
    The purpose of this rule is to announce the reorganization of the
offices responsible for administration of the Mariner Credentialing
Program (MCP) in order to improve mission execution and organizational
efficiency by ensuring all aspects of the Coast Guard's credentialing
program report to a single directorate and by creating one centralized
office at Headquarters responsible for all technical aspects of the
MCP. This rule makes technical and editorial corrections throughout
title 46 of the CFR, in conjunction with the assignment of MCP
responsibilities to this new office, and does not create or change any
substantive requirements.

IV. Discussion of the Rule

    The Coast Guard is consolidating the MCP under the newly created
Office of Merchant Mariner Credentialing (CG-MMC) to provide program
support and policy development to allow the National Maritime Center
(NMC) to efficiently issue credentials to U.S. mariners quickly and in
full compliance with all applicable domestic and international
requirements. Mariners, ship operators, and maritime academies
frequently have questions and issues related to implementation of
requirements and interpretations of the credentialing standards. The
consolidation of the MCP into a single office, under a single
directorate that also oversees the National Maritime Center (NMC), will
provide a single point of contact at Coast Guard Headquarters for all
internal and external customers. A single point of contact will ensure
faster and more consistent responses to the maritime industry and the
NMC, which is responsible for issuing the credentials. With a single
director and chain of command for mariner credentialing, we will ensure
greater consistency in creation, implementation, and interpretation of
international and domestic standards in this area.
    The consolidation of functions will also reduce duplicative efforts
within the Coast Guard Headquarters organization. There are numerous
redundant processes in our current headquarters organizational
structure that are designed to ensure the NMC, the two Prevention
directorates, and two Headquarters offices are aligned. Consolidation
will eliminate these duplicative processes by placing these functions
into a single office in one directorate. We expect this consolidation
to yield greater efficiency, with a single office providing centralized
and consistent responses to all stakeholders of the MCP.
    This final rule amends 46 CFR parts 1, 10, 11, 12, 13, and 15 by
removing the mariner credentialing responsibilities from the Director
of Inspections and Compliance (CG-5PC) and the Offices of Operating and
Environmental Standards (CG-OES) and Commercial Vessel Compliance (CG-
CVC). With this final rule, full mariner credentialing responsibilities
will be assumed by the Director of Commercial Regulations and Standards
through the newly created Office of Merchant Mariner Credentialing (CG-
MMC).

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget. Because this rule involves non-substantive changes and
internal agency practices and procedures, it will not impose any
additional costs on the public. The benefit of the non-substantive
changes is improved organizational efficiency. Given that this rule
makes changes that involve rules of agency organization, procedure, or
practice, and will have no substantive effect on the regulated public,
we have not performed any further economic analysis or a regulatory
analysis for this rule.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules
exempt from the notice and comment requirements of the Administrative
Procedure Act are not required to examine the impact of the rule on
small entities. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because these changes involve rules of agency organization, procedure,
or practice. In addition, the Coast Guard finds that notice and comment
procedures are unnecessary under 5 U.S.C. 553(b)(B), as this rule
consists only of corrections and editorial, organizational, and
conforming amendments, and that these changes will have no substantive
effect on the regulated public.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction, and you have questions concerning its provisions or
options for compliance, please consult Mr. R. Sam Teague at 202-372-
1425, or by email at<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine

compliance with Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
businesses. If you wish to comment on actions by employees of the Coast
Guard, please call 1-888-REG-FAIR (1-888-734-3247).

D. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(``Federalism'') if it has 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. We have analyzed this rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any 1 year. Though this final rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This final rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(``Governmental Actions and Interference with Constitutionally
Protected Property Rights'').

H. Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988 (``Civil Justice Reform''), to
minimize litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this final rule under Executive Order 13045
(``Protection of Children from Environmental Health Risks and Safety
Risks''). This final rule is not an economically significant rule and
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.

J. Indian Tribal Governments

    This final rule does not have tribal implications under Executive
Order 13175 (``Consultation and Coordination with Indian Tribal
Governments''), because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this final rule under Executive Order 13211
(``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use''). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs at the Office of Management and
Budget (OMB) has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
    This final rule does not use technical standards. Therefore, we did
not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 2.B.2, figure 2-1,
paragraphs (34)(a) and (b) of the Instruction. This final rule involves
amendments to regulations that are editorial or procedural, or concern
internal agency functions or organization. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket for this final rule where indicated under ADDRESSES.

List of Subjects

46 CFR Part 1

    Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.

46 CFR Part 10

    Incorporation by reference, Penalties, Personally identifiable
information, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 11

    Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Schools, Seamen.

46 CFR Part 12

    Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 13

    Incorporation by reference, Cargo vessels, Reporting and
recordkeeping requirements, Seamen.

46 CFR Part 15

    Incorporation by reference, Reporting and recordkeeping
requirements, Seamen, Vessels.

    For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 1, 10, 11, 12, 13, and 15 as follows:

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS

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

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued
under the authority of 44 U.S.C. 3507.

0
2. Amend Sec.  1.01-10 as follows:
0
a. Redesignate paragraphs (c)(2)(i)(B) and (C) as (c)(2)(i)(C) and (D),
respectively;
0
b. Add new paragraph (c)(2)(i)(B);
0
c. Remove paragraph (c)(2)(iv);
0
d. Remove paragraphs (d)(1) and (2); and
0
e. Add paragraphs (e), (f), (g), and (h).
    The additions read as follows:

Sec.  1.01-10  Organization.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (B) The Office of Merchant Mariner Credentialing (CG-MMC),
* * * * *
    (e) The Director of Commercial Regulations and Standards (CG-5PS),
under the general direction and supervision of the Deputy for
Operations Policy and Capabilities (CG-DCO-D) and the Assistant
Commandant for Prevention Policy (CG-5P), establishes federal policies
for development of marine safety, security, and environmental
protection treaties, laws, and regulations; develops safety, security,
and environmental protection standards for the maritime industry;
integrates all marine safety, security, and environmental protection
regulatory programs; prepares legislation, regulations, and industry
guidance for new safety and environmental protection programs;
maintains an active program for development of third party consensus
industry standards, and provides oversight to marine personnel matters.
    (1) The Chief, Office of Design and Engineering Standards (CG-ENG),
at Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Commercial Regulations
and Standards (CG-5PS), manages the program for defining the overall
regulatory approach for vessels, offshore structures, and other marine
systems incorporating safety considerations regarding the role of the
human element; develops policies and regulations on load line matters
and supervises classification societies authorized to assign load lines
on behalf of the Coast Guard; oversees the development and maintenance
of programs that incorporate risk-based methods in making safety
determinations and policies; and oversees technical research and
development for safety and environmental protection associated with
marine vessels, structures and facilities.
    (2) The Chief, Office of Merchant Mariner Credentialing (CG-MMC),
at Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Commercial Regulations
and Standards (CG-5PS), develops and maintains standards and policy,
statutes, regulations and guidance for the maritime industry regarding
personnel qualifications, licensing, certification, manning and labor
issues; provides oversight of mariner credentialing and marine
personnel administration matters, and coordinates the monitoring of
U.S. implementation efforts with respect to the International
Convention on Standards of Training, Certification & Watchkeeping for
Seafarers (STCW) 1978, as amended; and reviews mariner appeals of
credentialing decisions and provides a recommended final agency action
for CG-5PS signature.
    (3) The Chief, Office of Operating and Environmental Standards (CG-
OES), at Headquarters, under the direction of the Assistant Commandant
for Prevention Policy (CG-5P) and the Director of Commercial
Regulations and Standards (CG-5PS), coordinates and integrates program
standards for vessel and facility operations, cargo systems and
handling, and environmental protection; develops and maintains
standards, regulations, and industry guidance for maritime industry
operations to prevent deaths, injuries, property damage, and
environmental harm; develops and maintains safety standards and
regulations for commercial fishing industry vessels and uninspected
commercial vessels; and develops and maintains health and safety
standards and regulations for U.S.-inspected vessels.
    (4) The Chief, Office of Standards Evaluation and Development (CG-
REG), at Headquarters, under the direction of the Assistant Commandant
for Prevention Policy (CG-5P) and the Director of Commercial
Regulations and Standards (CG-5PS), coordinates the development of new
standards, programs, and regulations across all technical and
operational areas of marine safety and environmental protection;
provides comprehensive analytical support for all standards assessment
and development efforts; coordinates development of measures of
effectiveness for assessing regulatory programs and consensus
standards; and oversees the Coast Guard's rulemaking development
program.
    (5) The Commanding Officer, Marine Safety Center, under the
direction of the Assistant Commandant for Prevention Policy (CG-5P) and
the Director of Commercial Regulations and Standards (CG-5PS), conducts
reviews and approvals of plans, calculations, and other materials
concerning the design, construction, alterations, and repair of
commercial vessels to determine conformance with the marine inspection
laws, regulations, and implementing directions, and administers the
U.S. Tonnage Measurement program.
    (6) The Commanding Officer, Coast Guard National Maritime Center
(NMC), under the direction of the Assistant Commandant for Prevention
Policy (CG-5P) and the Director of Commercial Regulations and Standards
(CG-5PS), and subject to the policy and guidance of the Office of
Merchant Mariner Credentialing (CG-MMC); evaluates merchant mariners
for suitability for service; issues merchant mariner credentials;
evaluates and conducts oversight of approved courses; and exercises
operational and administrative control over the Regional Examination
Centers.
    (f) The Director of Inspections and Compliance (CG-5PC), under the
general direction and supervision of the Assistant Commandant for
Prevention Policy (CG-5P), acts as Program Manager for the Marine
Safety, Security, and Environmental Protection Programs; directs,
coordinates, and integrates the Coast Guard's marine safety and
environmental protection compliance programs, contingency planning,
response operations, and investigations programs; establishes and
coordinates field implementation policies and priorities for all marine
safety commands and units; serves as the focal point for field support
and technical guidance; and provides oversight of vessel documentation
matters and, through the District Commander, supervises the
administration of the Marine Safety Division of District Offices and
Officers in Charge, Marine Inspection.
    (1) The Chief, Office of Commercial Vessel Compliance (CG-CVC), at
Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Inspections and
Compliance (CG-5PC), administers and balances all marine safety and
environmental protection compliance programs, including direction of
Coast Guard activities and oversight of third parties and industry
programs; develops, publishes, and maintains program policies for
vessel compliance, interprets standards and regulations, and provides
field guidance for execution and enforcement; administers the marine
inspection program, commercial fishing vessel examination program, and
foreign vessel boarding program for the enforcement of commercial
vessel material and operational safety standards; and

supervises the administration of the manning of U.S. vessels.
    (2) The Chief, Office of Environmental Response Policy (CG-MER), at
Headquarters, under the Direction of the Deputy for Operations Policy
and Capabilities (CG-DCO-D) and the Assistant Commandant for Response
Policy (CG-5R), coordinates and integrates field planning,
preparedness, and response operations for pollution incidents, natural
disasters, marine accidents, terrorism, and other threats to public
safety, the marine environment, or marine transportation and commerce;
develops, publishes, and maintains program policies for preparedness
and response, interprets laws and regulations, and provides field
guidance for execution; provides guidance regarding emergency
authorities of the Captain of the Port (COTP); and administers Office
programs for ports and waterway management, bridging compliance, and
response efforts with an active presence in the marine environment.
    (3) The Chief, Office of Investigations and Analyses (CG-INV), at
Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Inspections and
Compliance (CG-5PC), reviews investigations of marine casualties;
manages, develops policy for and evaluates domestic and international
programs and processes associated with investigations of marine
casualties and injuries; manages analysis of casualties and casualty
data, civil penalties and other remedial programs (including
proceedings to suspend or revoke Coast Guard credentials held by
mariners); and manages marine employer drug and alcohol testing
programs.
    (g) The Director of Operations Resource Management (CG-DCO-R),
under the general direction and supervision of the Deputy Commandant
for Operations (CG-DCO), serves as Facility Manager for the marine
safety programs; coordinates and integrates financial, informational,
and human resources; plans, acquires, develops, and allocates resources
for development and execution of the Coast Guard's marine safety
programs; provides the focal point for all resource issues in support
of the Standards and Operations Directorates; and oversees the
development and management of the Coast Guard's direct user fee
program.
    (h) The Judge Advocate General and Chief Counsel of the Coast Guard
(CG-094), under the general direction of and in coordination with the
General Counsel, Department of Homeland Security, is the senior legal
advisor to the Commandant, Vice Commandant, and senior staff officers.
The Judge Advocate General advises on all cases and controversies
arising under the various authorities of the Coast Guard involving
alleged violations of international, maritime, navigation, and vessel
inspection laws, or regulations prescribed thereunder and published in
this chapter or in 33 CFR chapter I, and reviews appeals to the
Commandant from actions derived from these authorities. On completion
of such a review, the Judge Advocate General prepares a proposed action
for the Commandant's consideration or, in appropriate cases, takes
final action on behalf of, and as directed by, the Commandant.

Sec.  1.01-15  [Amended]

0
3. Amend Sec.  1.01-15 as follows:
0
a. In paragraph (c)(2), remove the words ``the processing NMC
detachment,''; and
0
b. In paragraph (d), remove the words ``Vessel Activities (CG-CVC),''
and add, in their place, the words ``Merchant Mariner Credentialing
(CG-MMC)''.

Sec.  1.01-25  [Amended]

0
4. In Sec.  1.01-25(b)(1) and (2), remove the words ``Marine Safety and
Environmental Protection'' and add, in their place the words ``the
Assistant Commandant for Prevention Policy''.

0
5. Revise the table in Sec.  1.01-35(b) to read as follows:

Sec.  1.01-35  OMB control numbers assigned pursuant to the Paperwork
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
  46 CFR part or section where identified or described      control No.
------------------------------------------------------------------------
Sec.   2.01.............................................       1625-0002
Sec.   2.95-10..........................................       1625-0035
Sec.   3.10.............................................       1625-0014
Part 4..................................................       1625-0001
Part 6..................................................       1625-0002
Part 10.................................................       1625-0040
------------------------------------------------------------------------

0
6. Amend Sec.  1.03-15 as follows:
0
a. In paragraph (g), remove the words ``Marine Safety and Environmental
Protection'' wherever they appear and add, in their place, the words
``Prevention Policy (CG-5P)''; and
0
b. Revise paragraphs (h) introductory text, (h)(2) and (3), and (j).
    The revisions read as follows:

Sec.  1.03-15  General.

* * * * *
    (h) Formal appeals made to the Commandant must be addressed to:
* * * * *
    (2) Commandant (CG-5PS) for appeals involving vessel plan review or
tonnage measurement issues and for all appeals involving suspension or
withdrawal of course approvals, all merchant mariner personnel issues
appealed from the National Maritime Center or from an OCMI through a
District Commander.
    (i) Appeals involving course approvals and merchant mariner
personnel issues must be addressed to the Office of Merchant Mariner
Credentialing (CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509.
    (ii) Appeals involving vessel plan review or tonnage measurement
issues must be addressed to Director of Commercial Regulations and
Standards (CG-5PS), U.S. Coast Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509.
    (3) Commandant (CG-5PC) for all appeals regarding the documentation
of a vessel under part 67 or part 68 of this title. All appeals
regarding the documentation of a vessel under part 67 or part 68 of
this title must be addressed to Commandant (CG-5PC), Attn: Director of
Inspections and Compliance, U.S. Coast Guard Stop 7501, 2703 Martin
Luther King Jr. Avenue SE., Washington, DC 20593-7501, and a copy of
each such appeal must be sent to the National Vessel Documentation
Center, 792 T J Jackson Drive; Falling Waters, WV 25419;
* * * * *
    (j) Any decision made by the Commandant, or by the Deputy
Commandant for Operations (DCO-D), or by the Assistant Commandant for
Prevention Policy (CG-5P), or by a Director or an office chief pursuant
to authority delegated by the Commandant is final agency action on the
appeal.

Sec.  1.03-40  [Amended]

0
7. In Sec.  1.03-40, remove the words ``Director of Inspections and
Compliance (CG-5PC)'' wherever they appear and add, in their place, the
words ``Director of Commercial Regulations and Standards (CG-5PS)''.

PART 10--MERCHANT MARINER CREDENTIAL

0
8. The authority citation for part 10 continues to read as follows:

    Authority:  14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive
Order 10173; Department of Homeland Security Delegation No. 0170.1.

Sec.  10.103  [Amended]

0
9. In Sec.  10.103(a), remove the words ``Commandant (CG-OES-1), Attn:
Marine Personnel Qualifications Division'' and add, in their place, the
words ``Office of Merchant Mariner Credentialing (CG-MMC)'', and remove
the numbers ``202-372-1405'' and add, in their place, the numbers
``202-372-1492''.

Sec.  10.408  [Amended]

0
10. In Sec.  10.408(c)(2), remove the letters ``CG-CVC'' and add, in
its place, the letters ``CG-MMC''.

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

0
11. The authority citation for part 11 continues to read as follows:

    Authority:  14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906,
and 70105; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.

0
12. In Sec.  11.102, revise paragraph (a) to read as follows:

Sec.  11.102  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509,<PHONE_NUMBER>, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS

0
13. The authority citation for part 12 continues to read as follows:

    Authority:  31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.

0
14. In Sec.  12.103, revise paragraph (a) to read as follows:

Sec.  12.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509, and is available from the
sources listed below. It is also available for inspection 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/code_of_federal_regulations/ibr_locations.html.
* * * * *

PART 13--CERTIFICATION OF TANKERMEN

0
15. The authority citation for part 13 continues to read as follows:

    Authority:  46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department
of Homeland Security Delegation No. 0170.1.

0
16. In Sec.  13.103, revise paragraph (a) to read as follows:

Sec.  13.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509,<PHONE_NUMBER>, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

PART 15--MANNING REQUIREMENTS

0
17. The authority citation for part 15 continues to read as follows:

    Authority:  46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 8103; sec. 617, Pub. L. 111-281, 124 Stat.
2905; and Department of Homeland Security Delegation No. 0170.1.

0
18. In Sec.  15.103, revise paragraph (a) to read as follows:

Sec.  15.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509,<PHONE_NUMBER>, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

    Dated: June 27, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-15660 Filed 7-5-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Page 38303]
[FR Doc No: 2012-15717]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0793]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Medical Device Recall Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Medical Device Recall Authority''
has been approved by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 13, 2012, the Agency submitted a
proposed collection of information entitled ``Medical Device Recall
Authority'' to OMB for review and clearance under 44 U.S.C. 3507. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. OMB has now approved the information
collection and has assigned OMB control number 0910-0432. The approval
expires on June 30, 2015. A copy of the supporting statement for this
information collection is available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: June 18, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-15717 Filed 6-26-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37775-37777]
[DOCID:fr02jy08-2]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-366-AD;
Amendment 39-15571; AD 2008-13-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes

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

ACTION: Final rule.

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

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

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards * * *.
    [A]ssessment showed that supplemental maintenance tasks
[inspections of various fuel system components such as shields,
harnesses, sleeves, and sealant] are required to prevent potential
ignition sources inside the fuel system, which could result in a
fuel tank explosion. * * *

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

DATES: This AD becomes effective August 6, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 6,
2008.

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

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York

11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on May 1, 2008 (73 FR 23990). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The MCAI
states:

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank standards introduced in
Chapter 525 of the Airworthiness Manual through Notice of Proposed
Amendment (NPA) 2002-043. The identified non-compliances were then
assessed using Transport Canada Policy Letter No. 525-001, to
determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks
[inspections of various fuel system components such as shields,
harnesses, sleeves, and sealant] are required to prevent potential
ignition sources inside the fuel system, which could result in a
fuel tank explosion. Revision has been made to Part 2
``Airworthiness Limitation Items'' of the DHC-8-400 Maintenance
Requirements Manual to introduce the required maintenance tasks.

The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new
limitations for fuel tank systems. You may obtain further information
by examining the MCAI in the AD docket.

Comments

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

Conclusion

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

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect about 38 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $3,040, or $80 per
product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-13-08 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-15571. Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-
366-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-400, DHC-8-
401, and DHC-8-402 airplanes, certificated in any category, all
serial numbers.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

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

Reason

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

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank standards introduced in
Chapter 525 of the Airworthiness Manual through Notice of Proposed
Amendment (NPA) 2002-043. The identified non-compliances were then
assessed using Transport Canada Policy Letter No. 525-001, to
determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks
[inspections of various fuel system components such as shields,
harnesses, sleeves, and sealant] are required to prevent potential
ignition sources inside the fuel system, which could result in a
fuel tank explosion. Revision has been made to Part 2
``Airworthiness Limitation Items'' of the DHC-8-400 Maintenance
Requirements Manual to introduce the required maintenance tasks.

The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after the effective date of this AD, or
before December 16, 2008, whichever occurs first, revise the ALS of
the Instructions for Continued Airworthiness to incorporate the
inspection requirements of Dash 8 Q400 (Bombardier) Temporary
Revision (TR) ALI-69, dated February 9, 2007, to Section 4, ``Fuel
System Limitations,'' of Part 2, ``Airworthiness Limitation Items,''
of the Bombardier Dash 8 Q400 Maintenance Requirements Manual,
Product Support Manual (PSM) 1-84-7 (``the TR to the MRM''). For all
fuel system limitations tasks contained in the TR to the MRM, the
initial compliance times start at the later of the ``Threshold'' and
``Grace Period'' times specified in Table 1 of this AD, and the
repetitive inspections must be accomplished thereafter at the
interval specified in the TR to the MRM, except as provided by
paragraphs (f)(2) and (g)(1) of this AD.

         Table 1.--Initial Compliance Times for Limitation Tasks
------------------------------------------------------------------------
                                     Compliance time (whichever occurs
                                                  later)
           Description           ---------------------------------------
                                       Threshold         Grace period
------------------------------------------------------------------------
Tasks with 18,000 flight hours/   Before the          Within 6,000
 108-month inspection intervals.   accumulation of     flight hours or
                                   18,000 total        36 months after
                                   flight hours, or    the effective
                                   within 108 months   date of this AD,
                                   since new,          whichever occurs
                                   whichever occurs    first.
                                   first.
------------------------------------------------------------------------

    Note 2: The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of Dash 8 Q400 (Bombardier) TR ALI-69
into the Airworthiness Limitations Section of the Bombardier Dash 8
Q400 MRM PSM1-84-7. When this TR has been included in general
revisions of the MRM, the general revisions may be inserted in the
MRM, provided the relevant information in the general revision is
identical to that in Dash 8 Q400 (Bombardier) TR ALI-69.
    (2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative inspections or inspection
intervals may be used unless the inspections or inspection intervals
are part of a later revision of Bombardier Dash 8 Q400 MRM, PSM 1-
84-7, Revision 4, dated October 30, 2003, that is approved by the
Manager, New York Aircraft Certification Office (ACO), FAA, or
Transport Canada Civil Aviation (TCCA) (or its delegated agent); or
unless the inspections or inspection intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (g)(1) of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) AMOCs: The Manager, New York ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-33,
dated December 17, 2007; and Dash 8 Q400 (Bombardier) Temporary
Revision ALI-69, dated February 9, 2007, to Section 4, ``Fuel System
Limitations,'' of Part 2, ``Airworthiness Limitations Items,'' of
the Bombardier Dash 8 Q400 MRM PSM 1-84-7.

Material Incorporated by Reference

    (i) You must use Dash 8 Q400 (Bombardier) Temporary Revision
ALI-69, dated February 9, 2007, to Section 4, ``Fuel System
Limitations,'' of Part 2, ``Airworthiness Limitation Items,'' of the
Bombardier Dash 8 Q400 Maintenance Requirements Manual, Product
Support Manual 1-84-7, to do the actions required by this AD, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on June 6, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-13728 Filed 7-1-08; 8:45 am]

BILLING CODE 4910-13-P