[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Rules and Regulations]
[Pages 26748-26749]
[FR Doc No: 2019-12037]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31254; Amdt. No. 3854]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective June 10, 2019. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 10, 2019.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. 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.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73125. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C.

553(b) are impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979) ;
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on May 17, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

 * * * Effective Upon Publication

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       AIRAC Date             State             City               Airport          FDC No.      FDC Date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
20-Jun-19...............  SD            Martin.............  Martin Muni........       9/2619      4/18/19  This NOTAM, published in TL 19-13, is hereby
                                                                                rescinded in its entirety.
20-Jun-19...............  OK            Seminole...........  Seminole Muni......       9/9813       4/3/19  This NOTAM, published in TL 19-13, is hereby
                                                                                rescinded in its entirety.
20-Jun-19...............  CO            Grand Junction.....  Grand Junction            9/1155       5/7/19  LDA/DME RWY 29, Orig-D.
                                                              Regional.
20-Jun-19...............  AK            Kodiak.............  Kodiak.............       9/2197       5/7/19  RNAV (GPS) RWY 26, Amdt 3.
20-Jun-19...............  CA            Sacramento.........  Sacramento                9/2574       5/7/19  VOR RWY 2, Amdt 10D.
                                                              Executive.
20-Jun-19...............  CA            Sacramento.........  Sacramento                9/2575       5/7/19  ILS OR LOC RWY 2, Amdt 24D.
                                                              Executive.
20-Jun-19...............  CA            Sacramento.........  Sacramento                9/2577       5/7/19  RNAV (GPS) RWY 2, Orig-D.
                                                              Executive.
20-Jun-19...............  LA            New Orleans........  Louis Armstrong New       9/2864       5/7/19  ILS OR LOC RWY 11, ILS RWY 11 (SA CAT I),
                                                              Orleans Intl.                                  ILS RWY 11 (CAT II), ILS RWY 11 (CAT III),
                                                                                Amdt 5.
20-Jun-19...............  TX            Mc Allen...........  Mc Allen Miller           9/3848       5/9/19  ILS OR LOC RWY 14, Amdt 9.
                                                              Intl.
20-Jun-19...............  OK            Seminole...........  Seminole Muni......       9/4052      5/10/19  NDB RWY 16, Amdt 4.
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[FR Doc. 2019-12037 Filed 6-7-19; 8:45 am]
BILLING CODE 4910-13-P


                                                         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                             REGION IX AIR DIVISION

                          Technical Support Document                                        for                             the EPA's Rulemaking                                     for the                      California State Implementation Plan                                                         Imperial County Air Pollution Control District                             Rule 804  -  Open Areas

                                                                 April 2019                           Author: Christine Vineyard

RULE IDENTIFICATION  Agency Imperial County Air Pollution Control District (ICAPCD)

SIP Approved Rule Rule 804  -  Open Areas  Revised  -  October 16, 2012 Submitted  -  November 7, 2012

EPA Approved  -  April 22, 2013 (78 FR 23677)

Previous Submittal

Completeness Finding

Rule 804  -  Open Areas Revised  -  April 12, 2016 Submitted  -  August 22, 2016

Determination of Completeness letter: September 27, 2016

No action taken

Subject of this TSD

Rule 804  -  Open Areas Revised  -  September 11, 2018 Submitted  -  October 29, 2018 Completeness Finding

Completeness letter: December 12, 2018

RULE CHANGES  -  To address the requirement for Reasonable Further Progress (RFP) contingency measures (Clean Air Act section 172(c)(9)), Rule 804 was revised to include a provision that would expand the rule's applicability if RFP contingency measures are triggered. The rule regulates fugitive dust emissions by requiring landowners of open areas to implement controls in open areas exceeding 3.0 acres for rural areas or 0.5 acres for urban areas and containing at least 1,000 square feet of disturbed surface area. If the Imperial County PM2.5 Nonattainment Area fails to meet RFP, fails to meet any quantitative milestone or fails to submit a quantitative milestone report, the rural area threshold will be lowered from three acres to include all rural open areas that contain at least 1000 square feet of disturbed surface area as a RFP contingency measure. Lowering of the applicability threshold would require controls on an additional 529 rural acres in the nonattainment area.

Another substantial revision in the submitted Rule 804 will allow development and implementation of innovative BACM dust control measures for the exposed playa at the Salton Sea, subject to approval by the ICAPCD and the EPA.

Specific revisions include: 1.  Section E.1. -  Added: 20% opacity shall be determined in accordance with U.S. EPA Test Method 9.

Section E.3  -  Added: Upon U.S. EPA notification that the Imperial County PM2.5 Nonattainment Area has failed:   (1) to meet Reasonable Further Progress in the 2018 Annual PM2.5 SIP,  (2) to meet a Quantitative Milestone in the 2018 Annual PM 2.5 SIP, and/or  (3) to submit a Quantitative Milestone Report required under 40 CFR 51.1013(b), this rule shall apply to any open area having 0.5 acres or more within urban areas and all rural open areas that contain at least 1000 square feet of a disturbed surface area.

2.  Section F  -  Best Available Control Measures for Fugitive Dust (PM10) 	a). F.1  -  Open Areas - Added:  Any Combination of BACM and Alternative BACM is permissible. 	b). F.1.d  -  Added:  Implement Alternative BACM for exposed playa at the Salton Sea if approved by both the APCD and EPA.  Alternative BACM may be approved by the APCD and EPA in accordance with a technical evaluation demonstrating that the proposed Alternative BACM achieves PM10 emission reductions equivalent to BACM measures identified in subsection F.1.a, F.1.b, and F.1.c and that the dust control method will achieve a STABILIZED SURFACE and meet the 20% opacity requirement in accordance with U.S. EPA Test Method 9.         3.  Renumbered: 	G.  Record of Control Implementation 	H.   Violations

EVALUATION CRITERIA - The following criteria were used to evaluate the submitted rule:

1.  Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

2.  Stringency  -  ICAPCD regulates a Moderate nonattainment area for the 2012 annual PM2.5 standard, which was designated effective April 15, 2015. CAA sections 172(c)(1) and 189(a)(1)(C) require Moderate PM2.5 nonattainment areas to implement RACM and RACT as expeditiously as practicable and no later than four years after designation. Therefore, ICAPCD must implement RACM, including RACT, for PM2.5 and PM2.5 precursors, as expeditiously as practicable and no later than April 15, 2019. The EPA has defined RACM for PM2.5 as "any technologically and economically feasible measure that can be implemented in whole or in part within 4 years after the effective date of designation of a PM2.5 nonattainment area and that achieves permanent and enforceable reductions in direct PM2.5 emissions and/or PM2.5 plan precursor emissions from sources in the area. . . ."  In addition, moderate nonattainment areas must implement "additional reasonable measures,"  which are control measures that otherwise meet the definition of RACM, but "can only be implemented in whole or in part during the period beginning 4 years after the effective date of designation of a nonattainment area and no later than the end of the sixth calendar year following the effective date of designation of the area."

ICAPCD also regulates a Serious PM10 nonattainment area (40 CFR 81.305). CAA section 189(b)(1)(B) requires Serious PM10 nonattainment areas to implement best available control measures (BACM). Therefore, ICAPCD is required to implement BACM for PM10. BACM is generally "required for all categories of sources in Serious areas unless the State adequately demonstrates that a particular source category does not contribute significantly to nonattainment of the NAAQS." The EPA has defined BACM for PM10 as "the maximum degree of emissions reduction of PM-10 and PM-10 precursors from a source . . . which is determined on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, to be achievable for such source through application of production processes and available methods, systems, and techniques for control of each such pollutant."

3.  SIP Relaxation and Non-Interference - CAA section 110(l) prohibits the EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment or reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA section 193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION - A summary of our evaluation of the three criteria follows:

1.  Enforceability - The rule requirements and applicability are clear, and the requirement to maintain records of control implementation and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Rule 804 consistently.

2.  Stringency  -  The EPA will address the overall RACM requirement for the Imperial County PM2.5 Nonattainment Area at a later date when we act on the Imperial Annual PM2.5 Plan and will address the overall BACM requirement, as necessary, in a future PM10 planning action. However, we note that in 2010 and 2012, we determined that the previous version of Rule 804 (in conjunction with SIP-approved Rule 800) implemented BACM-level controls for fugitive dust in open areas. The new contingency measure in section E.3 strengthens the rule by lowering the rule's applicability threshold if the measure is triggered. The new alternative BACM provision in F.1.d ensures that any alternative measures would achieve PM10 emission reductions equivalent to the specified BACM measures, achieve a stabilized surface, and meet a 20% opacity limit. We are not aware of any additional measures that have become available for this source category since 2012. Accordingly, we believe Rule 804 continues to implement BACM-level controls for PM10 and also generally implements reasonable controls for PM2.5 for open areas.

3.  SIP Relaxation and Non-Interference - We propose to determine that our approval of the submittal would comply with CAA sections 110(l) and 193 because (1) the proposed SIP revision would not interfere with any CAA requirements, including RFP and attainment of the NAAQS, and (2) the requirements in the submitted rule are as or more stringent than the existing SIP-approved control requirements that they would replace.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION  -  The EPA previously recommended that ICAPCD:  add a 0% opacity at the fenceline standard to Rule 804, in addition to the 20% opacity standard, and  consider revising Rule 804 Section B to apply requirements to smaller sources.

While the new contingency measure would lower the applicability threshold for rural areas, it would retain the existing 0.5 acres threshold for urban areas, as well as the 1000-square-feet disturbed surface area threshold. We recommend that ICAPCD consider lowering these thresholds, as well as adding a 0% opacity at the fence line standard the next time Rule 804 is revised.

EPA ACTION - The submitted Rule 804 strengthens the SIP and fulfills the relevant CAA §110 and title I part D requirements. Therefore, EPA staff recommends approval of Rule 804 pursuant to CAA §110(k)(3).

REFERENCES

    "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.     "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.     ICAPCD Rule 804 as revised on September 11, 2018 and submitted to EPA on October 29, 2018.       ICAPCD Rule 804 as approved April 22, 2013 (78 FR 23677).     ICAPCD Draft Staff Report for the Proposed Rule 428  -  Wood Burning Appliances, Rule 429  -  Mandatory Episodic Curtailment of Wood and Other Solid Fuel Burning and Revised Rule 804  -  Open Areas ("Staff Report"), dated September 11, 2018.


[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Proposed Rules]
[Pages 51724-51729]
[FR Doc No: 2012-20880]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0258; Directorate Identifier 2010-NM-191-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -
900, and -900ER series airplanes. That NPRM proposed to require, for
certain airplanes, installing two warning level indicator lights on
each of the P1-3 and P3-1 instrument panels in the flight compartment.
That NPRM also proposed to require revising the airplane flight manual
to remove certain requirements of previous AD actions, and to advise
the flightcrew of the following changes: revised non-normal procedures
to use when a cabin altitude warning or rapid depressurization occurs,
and revised cabin pressurization procedures for normal operations. That
NPRM was prompted by a design change in the cabin altitude warning
system that would address the identified unsafe condition. This action
revises that NPRM by adding airplanes to the applicability; adding
airplanes to the installation requirement, including, for certain
airplanes, replacing the existing P5-16 and P5-10 panels; and, for
certain airplanes, replacing the basic P5-16 panel with a high altitude
landing P5-16 panel. We are proposing this supplemental NPRM to prevent
failure of the flightcrew to recognize and react to a valid cabin
altitude warning horn, which could result in incapacitation of the
flightcrew due to hypoxia (lack of oxygen in the body), and consequent
loss of control of the airplane. Since these actions impose an
additional burden over that proposed in the NPRM, we are reopening the
comment period to allow the public the chance to comment on these
proposed changes.

DATES: We must receive comments on this supplemental NPRM by October
11, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0258;
Directorate Identifier 2010-NM-191-AD'' at the beginning of your
comments. We specifically invite

comments on the overall regulatory, economic, environmental, and energy
aspects of this proposed AD. We will consider all comments received by
the closing date and may amend this proposed AD because of those
comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain The Boeing Company Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes. That NPRM published in the
Federal Register on March 24, 2011 (76 FR 16579). That NPRM proposed to
require installing two warning level indicator lights on each of the
P1-3 and P3-1 instrument panels in the flight compartment. That NPRM
also proposed to require revising the airplane flight manual to remove
certain requirements of previous AD actions, and to advise the
flightcrew of the following changes: Revised non-normal procedures to
use when a cabin altitude warning or rapid depressurization occurs, and
revised cabin pressurization procedures for normal operations.

Actions Since Previous NPRM (76 FR 16579, March 24, 2011) Was Issued

    Since we issued the previous NPRM (76 FR 16579, March 24, 2011), we
have determined that additional airplanes are affected by the
identified unsafe condition, the installation of two warning level
indicator lights must be done on additional airplanes (i.e., airplanes
with the high altitude landing configuration of the cabin altitude
warning system), and for certain airplanes, a replacement of the basic
P5-16 panel with a high altitude landing P5-16 panel must be done. And
for certain other airplanes replacement of the existing P5-16 and P5-10
panels must be done.

Revised Service Information

    We have reviewed Boeing Alert Service Bulletin 737-31A1332,
Revision 3, dated March 28, 2012. The previous NPRM (76 FR 16579, March
24, 2011), referred to Boeing Alert Service Bulletin 737-31A1332,
Revision 1, dated June 24, 2010, as the appropriate source of service
information for doing the proposed actions. Boeing has revised this
service information to add airplanes to the effectivity (including the
airplanes that were identified in table 1 of the previous NPRM) and
clarify certain actions and figures. We have changed paragraph (c) of
this supplemental NPRM to refer to the airplanes identified in Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28, 2012.
We have also included Revision 3 as the appropriate source of service
information for accomplishing the required actions of this supplemental
NPRM. We have also included credit for actions accomplished using
Boeing Alert Service Bulletin 737-31A1332, Revision 1, dated June 24,
2010; or Boeing Alert Service Bulletin 737-31A1332, Revision 2, dated
August 18, 2011; provided certain actions have been done on certain
airplanes.
    Boeing Alert Service Bulletin 737-31A1332, Revision 3, dated March
28, 2012, includes concurrent accomplishment of Boeing Service Bulletin
737-21-1171, dated February 12, 2009, for certain airplanes. Boeing
Service Bulletin 737-21-1171, dated February 12, 2009, describes
procedures for replacing the basic P5-16 panel with a high altitude
landing P5-16 panel.

Related Rulemaking

    On August 7, 2009, we issued AD 2009-16-07, Amendment 39-15990 (74
FR 41607, August 18, 2009), for certain Model 737-600, -700, -700C, -
800, and -900 series airplanes. That AD requires replacing brackets
that hold the P5 panel to the airplane structure, the standby compass
bracket assembly, the generator drive and standby power module, and the
air conditioning module. That AD also requires among other actions,
inspecting for wire length and for damage of the connectors and the
wire bundles and doing applicable corrective actions if necessary. That
AD also requires an additional operational test of the P5-14 panel.
    For airplanes on which the modification specified in Boeing Alert
Service Bulletin 737-31A1332, Revision 1, dated June 24, 2010; or
Boeing Alert Service Bulletin 737-31A1332, Revision 2, dated August 18,
2011; was done, those actions could result in non-compliance with the
actions required by AD 2009-16-07, Amendment 39-15990 (74 FR 41607,
August 18, 2009). For airplanes on which the modification in Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28, 2012,
was done, those actions comply with the actions required by AD 2009-16-
07. In light of these factors, operators should ensure compliance with
AD 2009-16-07.

Comments

    We gave the public the opportunity to comment on the previous NPRM
(76 FR 16579, March 24, 2011). The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for NPRM (76 FR 16579, March 24, 2011)

    Air Line Pilot's Association International supports the previous
NPRM (76 FR 16579, March 24, 2011).

Request To Extend Compliance Time

    American Airlines (AAL) stated that it started a program for
accomplishing the actions specified in Boeing Alert Service Bulletin
737-31A1332, Revision 1, dated June 24, 2010. AAL added that adoption
of a 36-month accomplishment schedule will result in six airplanes on
which the actions cannot be completed during its normal heavy
maintenance schedule; therefore, a special higher-cost visit will have
to be scheduled for those airplanes. AAL noted that the current flight
manual procedures will remain in place until all airplanes are
modified. We infer that AAL is asking that the compliance time be
extended to coincide with its normal heavy maintenance schedule.
    We partially agree with the commenter.
    We agree with the commenter's intention to keep its current flight
manual procedures in place until all airplanes in its fleet have been
modified. This will maintain continuous standardization of operating
procedures across the operator's fleet, allowing operation of all
airplanes in its fleet under one common set of operating procedures at
all times. Since the previous NPRM (76 FR 16579, March 24, 2011)
proposed to require airplane flight manual changes before further
flight after accomplishing the required airplane modification,
increasing the compliance time requirement for the airplane flight
manual changes is necessary in order to allow operators the ability to
provide this standardization of operating procedures. We have
determined that since all airplanes are required to be modified within
36 months, those airplanes must also have the required airplane flight
manual changes incorporated within the same time frame, but not before
the required airplane modifications have been accomplished. We have
increased the compliance time for the airplane flight manual revision
required by paragraph (j) of this supplemental NPRM to within 36 months
after the effective date of this AD and after doing the airplane

modifications required by paragraph (g) of this AD.
    We do not agree to increase the compliance time for the
modification. We acknowledge that in some cases it may be necessary to
accomplish AD requirements outside of normal maintenance schedules and
that additional cost can be incurred. However, we performed a risk
assessment which indicates that a 36-month compliance time for
accomplishing the modification is the longest acceptable compliance
time allowed, in order to provide continued operational safety. In
developing an appropriate compliance time, we considered the safety
implications and normal maintenance schedules for timely accomplishment
of the actions. In light of this, we have determined that a 36-month
interval is appropriate. Under the provisions of paragraph (m)(1) of
the supplemental NPRM, we will consider requests for approval of an
extension of the compliance time if sufficient data are submitted to
substantiate that the extension would provide an acceptable level of
safety. We have made no change to the compliance time requirement in
paragraph (g) of the supplemental NPRM.
    Delta Airlines (DAL) asked that the previous NPRM (76 FR 16579,
March 24, 2011) include a provision specifying that airplanes on which
Boeing Alert Service Bulletin 737-31A1332, dated January 7, 2010, has
been done are in compliance with the proposed requirements. DAL stated
that Boeing Alert Service Bulletin 737-31A1332, Revision 1, dated June
24, 2010, indicates that no more work is necessary on airplanes changed
in accordance with the original issue of that service bulletin. DAL
added that although it has not done the actions in Boeing Alert Service
Bulletin 737-31A1332, dated January 7, 2010, there may be other
operators that have. DAL suggested that the previous NPRM include a
paragraph to address those airplanes.
    We do not agree with the commenter. Boeing Alert Service Bulletin
737-31A1332, dated January 7, 2010, was only approved for use on one
airplane to validate the Accomplishment Instructions. That validation
revealed that extensive corrections to the instructions were necessary
to accomplish the modification; therefore, it did not receive FAA
approval for fleetwide use. In light of this, no credit is allowed for
prior accomplishment of the actions required by this supplemental NPRM
using Boeing Alert Service Bulletin 737-31A1332, dated January 7, 2010.
If any operators incorporated the actions specified in Boeing Alert
Service Bulletin 737-31A1332, dated January 7, 2010, affected operators
may request an alternative method of compliance (AMOC) under the
provisions of paragraph (m)(1) of this supplemental NPRM by submitting
data substantiating that the change would provide an acceptable level
of safety. We have not changed the supplemental NPRM in this regard.

Request To Clarify Certain Notes in the Service Information

    DAL asked that we clarify the instructions in certain notes
specified in Boeing Alert Service Bulletin 737-31A1332, Revision 1,
dated June 24, 2010. DAL stated that paragraph (g) of the previous NPRM
(76 FR 16579, March 24, 2011) requires operators to install warning
level indicator lights in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-31A1332, Revision 1,
dated June 24, 2010. DAL added that Figure 1, Note (b), and Figure 2,
Note (b) of that service bulletin specify that operators can get the
new part by reworking the existing part; Figure 3, Notes (a) and (b)
also specify reworking the panels. DAL noted that these figures specify
that the rework is done by using the procedures in the referenced BAE
Systems service bulletins. DAL added that Figure 1, Note (b) states
``You can get the new part by reworking the existing part as given in
BAE Systems SB 233A2221-31-01, BAE Systems SB 233A2221-31-02, and BAE
Systems SB 233A2221-31-03.'' DAL stated that rework of the panel in
accordance with only one of the three BAE Systems service bulletins is
required, based on the number of the panel to be modified. DAL noted
that it is not possible to accomplish all three of the BAE Systems
service bulletins on one panel since each service bulletin is
applicable to a unique set of part numbers.
    We do not agree with the commenter. The manufacturer has not
identified the dash level of the part numbers in the subject notes of
the referenced figures specified in Boeing Alert Service Bulletin 737-
31A1332, Revision 1, dated June 24, 2010. The intent of the notes is to
allow rework of the applicable dash number part according to the
applicable BAE component service bulletin, not by using all three BAE
component service bulletins. We have made no change to the supplemental
NPRM in this regard.

Request To Clarify Component Maintenance Manual (CMM) Reference

    DAL asked that we clarify the CMM reference specified in paragraph
1.K. ``Publications Affected'' of Boeing Alert Service Bulletin 737-
31A1332, Revision 1, dated June 24, 2010. DAL stated that this section
refers to CMM 31-53; however, the correct references should be CMM 31-
11-30 and CMM 31-11-59. DAL notified Boeing of this discrepancy; Boeing
agreed that the reference in this service bulletin is incorrect and
indicated that it would be corrected in a future revision.
    We acknowledge the commenter's concern; however, the list of
publications does not affect the actions required by the AD. In
addition, Boeing Alert Service Bulletin 737-31A1332, Revision 3, dated
March 28, 2012, changed note (c) in Figures 1 and 2 to provide the
correct BAE Systems CMM references. We have made no change to the
supplemental NPRM in this regard.

Request To Include Contact Information for BAE Systems

    DAL asked that we include contact information in the AD so
operators can obtain the applicable BAE Systems service bulletins
referenced in Boeing Alert Service Bulletin 737-31A1332, Revision 1,
dated June 24, 2010, for reworking the existing part. DAL noted that
the BAE service bulletins contain procedures for reworking the existing
P1-3 and P3-1 panels. DAL added that paragraph (m) of the previous NPRM
(76 FR 16579, March 24, 2011) identifies Boeing contact information,
but does not include BAE Systems contact information.
    We do not agree with the commenter. The BAE Systems service
bulletins are not referred to in this supplemental NPRM; therefore, the
BAE Systems contact information is not included. Operators should
contact Boeing for any additional documents referred to in Boeing Alert
Service Bulletin 737-31A1332, Revision 1, dated June 24, 2010; Revision
2, dated August 18, 2011, or Revision 3, dated March 28, 2012. We have
made no change to the supplemental NPRM in this regard.

Request To Remove Certain Language in the Limitations Section of the
AFM

    Boeing asked that we change paragraph (h)(3)(ii) of the previous
NPRM (76 FR 16579, March 24, 2011), paragraph (j)(3)(ii) of this
supplemental NPRM, to remove the language ``For normal operations, the
pressurization mode selector should be in AUTO prior to takeoff.''
Boeing stated that this step is already included in the Boeing Flight

Crew Operations Manual Preflight Checklist for the First Officer.
    We do not agree with the commenter. We find that there is relevant
accident history associated with incorrect setting of this specific
switch; therefore, continued emphasis on the proper positioning of the
switch prior to takeoff is required in the airplane flight manual. We
have made no change to the supplemental NPRM in this regard.

Request To Increase Work-Hours

    AAL asked that we increase the work hours specified in the previous
NPRM (76 FR 16579, March 24, 2011). AAL stated that an evaluation of
the referenced service information on its prototype airplane resulted
in a work-hour requirement of 2.5 times greater than the 64 hours
specified in the previous NPRM. AAL added that a better estimate for
completing the entire modification would be 140 work-hours.
    We do not agree with the commenter. The cost information in this
supplemental NPRM describes only the direct costs of the specific
required actions. Based on the best data available, the manufacturer
provided the number of work hours necessary to do the required actions.
This number represents the time necessary to perform only the actions
actually required by this supplemental NPRM. We recognize that, in
doing the actions required by an AD, operators might incur incidental
costs in addition to the direct costs. But the cost analysis in AD
rulemaking actions typically does not include incidental costs such as
the time necessary for planning, airplane down time, or time
necessitated by other administrative actions. Those incidental costs,
which might vary significantly among operators, are almost impossible
to calculate. We have made no change to the supplemental NPRM in this
regard.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
original NPRM (76 FR 16579, March 24, 2011). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 870 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
              Action                    Work hours        Average labor          Parts           Cost per product      registered         Fleet cost
                                                          rate per hour                                                 airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation of warning indicator  Between 34 and 84...             $85  Between $2,172 and    Between $5,062 and               870  Between $4,403,940
 lights.                                                                  $5,238.               $12,378.                              and $10,768,860.
AFM revision.....................  2...................              85  $0..................  $170................             870  $147,900.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

The Boeing Company: Docket No. FAA-2011-0258; Directorate Identifier
2010-NM-191-AD.

(a) Comments Due Date

    We must receive comments by October 11, 2012.

(b) Affected ADs

    This AD affects the ADs identified in paragraphs (b)(1), (b)(2),
and (b)(3) of this AD. This AD does not supersede the requirements
of these ADs.

    (1) AD 2003-14-08, Amendment 39-13227 (68 FR 41519, July 14,
2003).
    (2) AD 2006-13-13, Amendment 39-14666 (71 FR 35781, June 22,
2006).
    (3) AD 2008-23-07, Amendment 39-15728 (73 FR 66512, November 10,
2008).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category; identified in Boeing Alert Service Bulletin 737-31A1332,
Revision 3, dated March 28, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Unsafe Condition

    This AD was prompted by a design change in the cabin altitude
warning system that would address the identified unsafe condition.
We are issuing this AD to prevent failure of the flightcrew to
recognize and react to a valid cabin altitude warning horn, which
could result in incapacitation of the flightcrew due to hypoxia
(lack of oxygen in the body) and consequent loss of control of the
airplane.

(f) Compliance

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

(g) Installation

    Within 36 months after the effective date of this AD, install
two warning level indicator lights on each of the P1-3 and P3-1
instrument panels in the flight compartment, and as applicable,
replace the existing P5-16 and P5-10 panels, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
31A1332, Revision 3, dated March 28, 2012.

(h) Concurrent Requirements

    For Group 21, Configuration 2 airplanes, as identified in Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28,
2012: Prior to or concurrently with doing the actions required by
paragraph (g) of this AD, replace the basic P5-16 panel with a high
altitude landing P5-16 panel, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737-21-1171, dated February
12, 2009.

(i) Credit for Previous Actions

    (1) For Group 1 airplanes identified in Boeing Alert Service
Bulletin 737-31A1332, Revision 1, dated June 24, 2010; except Groups
24, 25, and 27 through 33 airplanes identified in Boeing Alert
Service Bulletin 737-31A1332, Revision 3, dated March 28, 2012: This
paragraph provides credit for the corresponding actions required by
paragraph (g) of this AD if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 737-
31A1332, Revision 1, dated June 24, 2010, which is not incorporated
by reference.
    (2) For airplanes identified in Boeing Alert Service Bulletin
737-31A1332, Revision 2, dated August 18, 2011; except airplanes
identified in paragraph (i)(3) of this AD and Groups 24, 25, and 27
through 33 airplanes identified in Boeing Alert Service Bulletin
737-31A1332, Revision 3, dated March 28, 2012: This paragraph
provides credit for the corresponding actions required by paragraph
(g) of this AD if those actions were performed before the effective
date of this AD using Boeing Alert Service Bulletin 737-31A1332,
Revision 2, dated August 18, 2011, which is not incorporated by
reference.
    (3) For Group 21, Configuration 2 airplanes identified in Boeing
Alert Service Bulletin 737-31A1332, Revision 3, dated March 28,
2012: This paragraph provides credit for the corresponding actions
required by paragraph (g) of this AD if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 737-31A1332, Revision 2, dated August 18, 2011, which is
not incorporated by reference; and provided that Boeing Service
Bulletin 737-21-1171, dated February 12, 2009, was accomplished
prior to or concurrently with the actions in Boeing Alert Service
Bulletin 737-31A1332, Revision 2, dated August 18, 2011.

(j) Airplane Flight Manual (AFM) Revisions

    Within 36 months after the effective date of this AD, and after
doing the installation required by paragraph (g) of this AD, do the
actions specified in paragraphs (j)(1), (j)(2), and (j)(3) of this
AD.
    (1) Revise the Limitations Section of the applicable Boeing 737
AFM by doing the following action: Delete the ``CABIN ALTITUDE
WARNING TAKEOFF BRIEFING'' added by AD 2008-23-07, Amendment 39-
15728 (73 FR 66512, November 10, 2008).
    (2) Revise the Non-Normal Procedures Section of the applicable
Boeing 737 AFM by doing the actions specified in paragraphs
(j)(2)(i), (j)(2)(ii), (j)(2)(iii), and (j)(2)(iv) of this AD.
    (i) Delete the procedure titled ``WARNING HORN--CABIN ALTITUDE
OR CONFIGURATION'' added by AD 2006-13-13, Amendment 39-14666 (71 FR
35781, June 22, 2006). If the title of this procedure has been
changed according to FAA alternative method of compliance (AMOC)
Letter 130S-09-134a, dated April 28, 2009, delete the procedure that
was approved according to this AMOC letter.
    (ii) Delete the procedure titled ``CABIN ALTITUDE WARNING OR
RAPID DEPRESSURIZATION'' added by AD 2003-14-08, Amendment 39-13227
(68 FR 41519, July 14, 2003).
    (iii) If the procedure titled ``CABIN ALTITUDE (Airplanes with
the CABIN ALTITUDE lights installed)'' is currently contained in the
applicable Boeing 737 AFM, delete the procedure titled ``CABIN
ALTITUDE (Airplanes with the CABIN ALTITUDE lights installed).''
    (iv) Add the following statement. This may be done by inserting
a copy of this AD into the applicable AFM.

``CABIN ALTITUDE WARNING OR RAPID DEPRESSURIZATION

    Condition: The CABIN ALTITUDE warning light illuminates or the
intermittent warning horn sounds in flight above 10,000 ft MSL.

RECALL
Oxygen Masks and Regulators..............  ON, 100%
Crew Communications......................  ESTABLISH
REFERENCE
Pressurization Mode Selector.............  MANUAL
Outflow Valve Switch.....................  CLOSE
If Cabin Altitude is uncontrollable:
Emergency Descent (If Required)..........  INITIATE
Passenger Oxygen Switch..................  ON
Thrust Levers............................  CLOSE
Speed Brakes.............................  FLIGHT DETENT
Target Speed.............................  MO/MMO''

    Note 1 to paragraphs (j)(2)(iv) and (j)(3)(ii) of this AD: When
statements identical to those specified in paragraphs (j)(2)(iv) and
(j)(3)(ii) of this AD have been included in the general revisions of
the AFM, the general revisions may be inserted into the AFM, and the
copies of this AD may be removed from the AFM.
    (3) Revise the Normal Procedures Section of the applicable
Boeing 737 AFM by doing the actions specified in paragraphs
(j)(3)(i) and (j)(3)(ii) of this AD.
    (i) Delete the procedure titled ``CABIN ALTITUDE WARNING TAKEOFF
BRIEFING'' procedure added by AD 2008-23-07, Amendment 39-15728 (73
FR 66512, November 10, 2008).
    (ii) Add the following statement. This may be done by inserting
a copy of this AD into the applicable AFM.
    For normal operations, the pressurization mode selector should
be in AUTO prior to takeoff.

(k) Terminating Action for Affected ADs

    Accomplishing the requirements of this AD terminates the
requirements of the ADs identified in paragraphs (k)(1), (k)(2), and
(k)(3) of this AD for only the airplanes identified in paragraph (c)
of this AD.

    (1) AD 2003-14-08, Amendment 39-13227 (68 FR 41519, July 14,
2003): The requirements specified in Table 1 and Figure 1 of that
AD.
    (2) AD 2006-13-13, Amendment 39-14666 (71 FR 35781, June 22,
2006): All requirements of that AD.
    (3) AD 2008-23-07, Amendment 39-15728 (73 FR 66512, November 10,
2008): All requirements of that AD.

(l) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD. Information may be emailed
to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(n) Related Information

    (1) For more information about this AD, contact Jeffrey W.
Palmer, Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax: (425)
917-6590; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 10, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-20880 Filed 8-24-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19302-19303]
[FR Doc No: 2012-7627]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0212]

Navigation Safety Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Meeting.

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

SUMMARY: The Navigation Safety Advisory Council (NAVSAC) will meet on
April 17-18, 2012, in Arlington, Virginia to discuss matters relating
to maritime collisions, ramming, groundings, Inland and International
Rules of the Road, navigation regulations and equipment, routing
measures, marine information, diving safety, and aids to navigation
systems. The meeting will be open to the public.

DATES: NAVSAC will meet Tuesday, April 17, 2012, from 8 a.m. to 5 p.m.,
and Wednesday, April 18, 2012, from 8 a.m. to 5 p.m. Please note that
the meeting may close early if the committee has completed its
business. Pre-registration and written comments are due April 13, 2012.

ADDRESSES: The meeting will be held at the Navy League Building, Coast
Guard Recruiting Command, 5th floor conference room, 2300 Wilson
Boulevard, Suite 500, Arlington, Virginia 20598. All visitors to the
Navy League Building must pre-register to be admitted to the building.
You may pre-register by contacting the individual listed in FOR FURTHER
INFORMATION CONTACT below.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT as soon as
possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the committee as listed in the
``Agenda'' section below. You may submit written comments no later than
April 13, 2012, and must be identified by USCG-2012-0212 using one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments (preferred method to
avoid delays in processing).
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this notice, go to http://www.regulations.gov. A public
comment period will be held during the meeting on April 17, 2012, from
3 p.m. to 4 p.m. and April 18, 2012 prior to the close of the meeting.
Public presentations may also be given. Speakers are requested to limit
their comments to 10 minutes. Please note that the public comment
period may end before the time indicated, following the last call for
comments. Contact the individual listed below to register as a speaker.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
meeting, please contact Mr. Mike Sollosi, the NAVSAC Alternate
Designated Federal Officer (ADFO), at telephone<PHONE_NUMBER> or email
<EMAIL_ADDRESS>or Mr. Dennis Fahr, at telephone<PHONE_NUMBER>
or email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2 (Pub. L. 92-
463).
    The NAVSAC is an advisory committee authorized by 33 U.S.C. 2073
and chartered under the provisions of the FACA. NAVSAC provides advice
and recommendations to the Secretary, through the Commandant of the
U.S. Coast Guard, on matters relating to prevention of maritime
collisions, rammings, and groundings, Inland and International Rules of
the Road, navigation regulations and equipment, routing measures,
marine information, diving safety, and aids to navigation systems.

Agenda

    The NAVSAC will meet to review, discuss and formulate
recommendations on the following topics:

Tuesday, April 17, 2012

    (1) Update on all past Resolutions to the Council.
    The Council will receive an update on the status of all outstanding
resolutions and decide disposition as appropriate.
    (2) Navigation Rules Regulatory Project.
    The Council will receive an update on the Coast Guard's progress
toward implementing NAVSAC proposed changes to the Inland Navigation
Rules.
    (3) E-Navigation Strategy.
    Under the auspices of the Committee on the Marine Transportation
System, the Coast Guard and other agencies have developed a National e-
Navigation Strategy that will establish a framework for data exchange
between and among ships and shore facilities. The Council will receive
an update and discuss the implementation plan for the Strategy.
    (4) Electronic Chart Display and Information System (ECDIS)
Anomalies.
    Mandatory carriage of ECDIS will be phased in over a six year
period beginning in 2012. This series of presentations will inform the
Council of developments and difficulties encountered in deploying
ECDIS, including accuracy of charted positions,

the types of vessels to be impacted, and training requirements for
ECDIS.
    (5) Navigation 2040 and the aid mix of the future.
    The Council will receive a briefing on the determination of the
future mix of visual and electronic Aids to Navigation (ATON).
    (6) Automatic Identification System(AIS) ATON Symbols.
    The Council will receive a briefing and comment on proposed chart
symbols for new electronic Aids to Navigation.
    (7) Atlantic Coast Ports Access Route Study (ACPARS).
    The Council will receive a briefing on the ACPARS undertaken to
accommodate offshore wind energy development.
    (8) Form Council working groups to discuss the preceding topics as
appropriate.
    Public comments or questions will be taken at the discretion of the
DFO during the discussion and recommendations portion of the meeting as
well as during the public comment period.

Wednesday, April 18, 2012

    (1) Working Group Discussions continued from April 17.
    (2) Working Group Reports presented to the Council.
    (3) New Business:
    a. International Maritime Organization (IMO) Safety Navigation
Subcommittee.
    The Coast Guard will update the Council on recent decisions and
planned outputs of the IMO Safety Navigation Subcommittee.
    b. Summary of NAVSAC Action Items.
    c. Schedule Next Meeting Date--Fall 2012.
    d. Committee discussion/address of new tasks.
    (4) A public comment period will be held after the discussion/
address of new tasks. Speakers' comments are limited to 10 minutes
each. Public comments or questions will be taken at the discretion of
the DFO during the discussion and recommendations, and new business
portion of the meeting.

    Dated: March 23, 2012.
Dana A. Goward,
Director, Marine Transportation Systems Management, U.S. Coast Guard.
[FR Doc. 2012-7627 Filed 3-29-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 11, 2009 (Volume 74, Number 111)]
[Notices]
[Page 27785-27787]
[DOCID:fr11jn09-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-417-000]

Transcontinental Gas Pipe Line Company, LLC.; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Bayonne Delivery
Lateral Project and Request for Comments on Environmental Issues

June 4, 2009.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Bayonne Delivery Lateral
Project (Bayonne Lateral) involving construction and operation of
facilities by Transcontinental Gas Pipe Line Company, LCC (Transco) in
Newark, Essex County, New Jersey. This EA will be used by the
Commission in its decision-making process to determine whether the
project is in the public convenience and necessity.
    This notice announces the opening of the scoping process we will
use to gather input from the public and interested agencies on the
project. Your input will help the Commission staff determine which
issues need to be

evaluated in the EA. Please note that the scoping period will close on
July 4, 2009.
    This notice is being sent to affected landowners; Federal, State,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. State and local
government representatives are asked to notify their constituents of
this planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a Transco representative about survey permission and/or the
acquisition of an easement to construct, operate, and maintain the
proposed facilities. The company would seek to negotiate a mutually
acceptable agreement. However, if the project is approved by the
Commission, that approval conveys with it the right of eminent domain.
Therefore, if easement negotiations fail to produce an agreement, the
natural gas company could initiate condemnation proceedings in
accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is available for viewing on the FERC Internet Web site (http://
www.ferc.gov).

Summary of the Proposed Project

    Transco proposes to acquire and convert from Hess Corporation
(Hess) approximately 5.41 miles of 14-inch diameter pipeline, which is
currently an idle petroleum pipeline that would be converted to natural
gas use. Transco would provide 325,000 dekatherms per day (dt/day) of
natural gas from Transco's mainline to the planned Bayonne Energy
Center, a nonjurisdictional electric generating plant that would
provide power into the New York City market. In addition Transco is
proposing to:
     Install about 0.83 miles of 20-inch diameter natural gas
pipeline (at or near milepost 1816.72, in Newark, Essex County, New
Jersey).
     Install minor aboveground facilities and modifications
including a new pig launcher and pig receiver;
     Install a delivery point meter station at the Bayonne
Energy Center site. Facilities would include two 10-inch ultrasonic
meters and one 3-inch rotary meter, 12-inch yard piping, filter
separator, flow control, and chromatograph and communication equipment;
     Install 0.04 miles of new 14-inch diameter pipeline to
connect the meter station with the existing 14-inch pipeline to be
acquired from Hess; and
     Install 0.03 miles of new 14-inch pipeline to connect the
pig launcher assembly with the existing 14-inch pipeline to be acquired
from Hess.
    Prior to converting the 14-inch petroleum products pipeline for
natural gas use, Transco proposes to conduct digs at 13 locations along
this pipeline where smart pigging has identified potential anomalies in
the pipe wall.
    The general location of the project facilities is shown in Appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site at the ``eLibrary'' link or
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
Copies of the appendices were sent to all those receiving this
notice in the mail.
---------------------------------------------------------------------------

    If approved, Transco proposes to commence construction of the
proposed facilities on or about July 1, 2010.

Land Requirements for Construction

    Construction and modifications of the pipeline would temporarily
impact about 22.59 acres of land for use as construction workspace,
access roads and pipe/contractor yards areas. A total of 2.28 acres
would be temporarily disturbed by the construction of access roads.
Transco states that because it would operate the pipeline under
license/agreement with the existing landowners, no permanent right-of-
way would be acquired as part of this project.
    Transco is proposing to utilize existing access roads and existing
right-of-way for the proposed project. Existing access roads would not
require any improvements. Transco would also need to construct
temporary access roads at numerous points throughout the project in
order to construct anomaly digs.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \2\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
---------------------------------------------------------------------------

    \2\ \\ ``We,'' ``us,'' and ``our'' refer to the environmental
staff of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------

     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species;
     Public safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission. To ensure your comments are
considered, please carefully follow the instructions in the public
participation section below.
    With this NOI, we are asking federal, state, and local agencies
with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EA. These agencies may choose to participate once they have
evaluated the proposal relative to their responsibilities. Additional
agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this NOI.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Transco. This preliminary
list of issues may be changed based on your comments and our analysis.
     Potential impacts may occur to groundwater.
     Potential impacts to three historical architectural
resources, and eleven cultural resources.
     Environmental site assessments for the project identified
4 sites along the pipeline that are considered recognized environmental
concern sites which could contain soil contaminants.
     Mercer Park, located in Hudson County, would be crossed by
a proposed workspace and access in the Park would be required.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about Bayonne Delivery Lateral Project. Your
comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send in your comments so that they will be received in Washington, DC
on or before July 3, 2009.
    For your convenience, there are three methods in which you can use
to submit your comments to the Commission. In all instances please
reference the project docket number CP09-417-000 with your submission.
The docket number can be found on the front of this notice. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426. Label one copy of the comments for the
attention of Gas Branch 2, PJ11.2.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.
    If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Information Request
(Appendix 2). If you do not return the Information Request, you will be
taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor,'' which is an official party to the
proceeding. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``e-filing'' link on the Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-13675 Filed 6-10-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Notices]
[Page 55050-55051]
[DOCID:fr26oc09-84]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0496]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Tobacco Product Standard for Flavored Cigarettes

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the proposed extension of an
existing collection of information pertaining to the tobacco product
standard for flavored cigarettes under the Family Smoking Prevention
and Tobacco Control Act (FSPTCA).

DATES:  Submit written or electronic comments on the collection of
information by December 28, 2009.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed extension of
an existing collection of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Title: Tobacco Product Standard on Flavored Cigarettes (OMB Control
Number 0910-0647--Extension)

    On June 22, 2009, the President signed the FSPTCA (Public Law 111-
31) into law. The FSPTCA amended the Federal Food, Drug, and Cosmetic
Act (FDCA) by adding a new chapter granting FDA important new authority
to regulate the manufacture, marketing, and distribution of tobacco
products to protect the public health generally and to reduce tobacco
use by minors.
    FDA is requesting an extension of an existing collection of
information pertaining to section 907(a)(1)(A) of the FDCA, as amended
by the FSPTCA, which provides a general tobacco standard special rule
for cigarettes that became effective on September 22, 2009. This
special rule for cigarettes states in part that: ``* * * a cigarette or
any of its component parts (including the tobacco, filter, or paper)
shall not contain, as a constituent (including a smoke constituent) or
additive, an artificial or natural flavor (other than tobacco or
menthol) or an herb or spice, including strawberry, grape, orange,
clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa,
chocolate, cherry, or coffee, that is a characterizing flavor of the
tobacco product or tobacco smoke.''
    As part of our enforcement strategy, FDA created a Tobacco Call
Center (with a toll-free number) to accept information from the public
about violations of this provision, known as the cigarette flavor ban.
Callers are able to report violations of the cigarette flavor ban and
FDA will determine whether to conduct targeted followup investigations
based on information the agency receives. Members of the public who
wish to report a violation will be asked for certain information: Name
and contact information, which are optional, date that the caller
observed or purchased the alleged violative product, description of the
tobacco product, and address of the retail outlet or Internet address
where the violative product was available. FDA developed a form (FDA
Form 3734) that Call Center representatives use to record this
information. Additionally, this form is posted on FDA's Internet
(http://www.accessdata.fda.gov/scripts/email/TobaccoProducts/
flavoredCigarettes.cfm), which allows the public to report violations
of the cigarette flavor ban by filling out the form on-line. Others may
simply choose to send a letter to FDA. (Information about how to
contact FDA's Center for Tobacco Products is posted at http://
www.fda.gov/TobaccoProducts/default.htm). FDA described how to report
information about possible violations in a Federal Register notice
reminding regulated industry of the effective date of the ban on
certain flavored cigarettes (September 25, 2009; 74 FR 48974). FDA also
included this information in the following outreach materials:
     Letter to our tobacco control partners announcing the
cigarette flavor ban and soliciting information on possible violations,

     Press release announcing the effective date of the
cigarette flavor ban,
     Flavored tobacco products fact sheet, and
     Flavored tobacco products parental advisory.
    FDA estimates the burden of this collection of information as
follows:

                                                       Table 1.--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        No. of         Annual Frequency        Total Annual           Minutes per
           Activity and Form  FDA 3734               Respondents         per Response            Responses             Response           Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting violations of section 907(a)(1)(A) of               1,700                     1                 1,700                    10                283
 the FDCA
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: October 15, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-25604 Filed 10-23-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66836-66837]
[FR Doc No: 2018-28173]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0073]

Agency Information Collection Activities; Revision of a
Currently-Approved Information Collection Request: Annual Report of
Class I and Class II Motor Carriers of Property

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995,

FMCSA announces its plan to submit the Information Collection Request
(ICR) described below to the Office of Management and Budget (OMB) for
its review and approval and invites public comment. The FMCSA requests
approval to revise and extend the, ``Annual Report of Class I and Class
II Motor Carriers of Property'' ICR, OMB Control No. 2126-0032. This
ICR is necessary to ensure that motor carriers comply with FMCSA's
financial and operating statistics requirements at chapter III of title
49 CFR part 369 titled, ``Reports of Motor Carriers.'' This ICR is
being revised to incorporate the OMB approved ``Annual Report of Class
I Motor Carriers of Passengers'' ICR, OMB Control No. 2126-0031, for
use of the MP-1 form, the ``Annual Report Form (Motor Carriers of
Passengers),'' which resulted in only two respondents and one burden
hour per year. Through the proposed merger of the two ICRs, FMCSA would
rename the OMB Control No. 2126-0032 ICR as the ``Annual Report of
Class I and Class II For-Hire Motor Carriers'' ICR. Such a merger with
the new title will clarify that the combined ICR addresses both for-
hire property and passenger carriers, but not private motor carriers.
Additionally, after the merger of the ICRs, FMCSA intends to request
withdrawal of the previously approved ``Annual Report of Class I Motor
Carriers of Passengers'' ICR, OMB Control No. 2126-0031.

DATES: Please send your comments by January 28, 2019. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2018-0073. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of
Registration and Safety Information, Department of Transportation,
Federal Motor Carrier Safety Administration, West Building 6th Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-
385-2367; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Annual Report of Class I and Class II Motor Carriers of
Property
    OMB Control Number: 2126-0032.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Class I and Class II Motor Carriers of Property,
Passengers, and Household Goods.
    Estimated Number of Respondents: 98.
    Estimated Time per Response: 9 hours.
    Expiration Date: December 31, 2018.
    Frequency of Response: Annually.
    Estimated Total Annual Burden: 865 hours [96 respondents x 9 hours
to complete form M-1 + 2 respondents x 0.3 = 0.6 rounded to 1 hour to
complete form MP-1].
    Background: Section 14123 of title 49 of the United States Code
(U.S.C.) requires certain for-hire motor carriers of property,
passengers, and household goods to file annual financial reports. The
annual reporting program was implemented on December 24, 1938 (3 FR
3158), and it was subsequently transferred from the Interstate Commerce
Commission (ICC) to the U.S. Department of Transportation's (DOT)
Bureau of Transportation Statistics (BTS) on January 1, 1996. The
Secretary of DOT delegated to BTS the responsibility for the program on
December 17, 1996 (61 FR 68162). Annual financial reports are filed on
Form M (for-hire property carriers, including household goods carriers)
and Form MP-1 (for-hire passenger carriers). Responsibility for
collection of the reports was transferred from BTS to FMCSA on August
17, 2004 (69 FR 51009), and the regulations were redesignated as 49 CFR
part 369 on August 10, 2006 (71 FR 45740). FMCSA has continued to
collect carriers' annual reports and to furnish copies of the reports
requested under the Freedom of information Act. For-hire motor carriers
(including interstate and intrastate) subject to the Federal Motor
Carrier Safety Regulations are classified on the basis of their gross
carrier operating revenues.\1\
---------------------------------------------------------------------------

    \1\ For purposes of the Financial and Operating Statistics
(F&OS) program, carriers are classified into the following three
groups: (1) Class I carriers are those having annual carrier
operating revenues (including interstate and intrastate) of $10
million or more after applying the revenue deflator formula as set
forth in Note A of 49 CFR 369.2; and (2) Class II carriers are those
having annual carrier operating revenues (including interstate and
intrastate) of at least $3 million, but less than $10 million after
applying the revenue deflator formula as set forth in 49 CFR 369.2.
---------------------------------------------------------------------------

    Under the Financial and Operating Statistics (F&OS) program, FMCSA
collects from Class I and Class II for-hire motor carriers balance
sheet and income statement data along with information on safety needs,
tonnage, mileage, employees, transportation equipment, and other
related data. FMCSA may also ask carriers to respond to surveys
concerning their operations. The data and information collected would
be made publicly available and used by FMCSA to determine a motor
carrier's compliance with the F&OS program requirements prescribed at
chapter III of title of 49 CFR part 369. FMCSA has created electronic
forms that may be prepared, signed electronically, and submitted to
FMCSA via https://ask.fmcsa.dot.gov/app/ask/ in accordance with the
Agency's April 28, 2014 (79 FR 23306), rulemaking in RIN 2126-AB47,
Electronic Signatures and Documents.
    On April 24, 2018 (83 FR 17894), FMCSA published a notice in the
Federal Register with a 60-day public comment period to announce this
proposed information collection request. The agency received no
comments in response to this notice.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on: December
20, 2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-28173 Filed 12-26-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37095-37096]
[FR Doc No: 2020-13252]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9051-4]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed June 8, 2020, 10 a.m. EST Through June 15, 2020 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200124, Final, APHIS, NAT, Southern Gardens Citrus Nursery,
LLC Permit to Release Genetically Engineered Citrus tristeza virus,
Review Period Ends: 07/20/2020, Contact: Cindy Eck<PHONE_NUMBER>.
EIS No. 20200125, Draft, USAF, FL, F-35A Wing Beddown at Tyndall AFB
and MQ-9 Wing Beddown at Tyndall AFB or Vandenberg AFB, Comment Period
Ends: 08/03/2020, Contact: Nolan Swick<PHONE_NUMBER>.
EIS No. 20200126, Final Supplement, USFS, MT, Greater Red Lodge Area
Vegetation and Habitat Management Project, Review Period Ends: 08/03/
2020, Contact: Victoria Regula<PHONE_NUMBER>.
EIS No. 20200127, Final, DHS, SC, Adoption--Navy Base Intermodal
Container Transfer Facility, Review Period Ends: 07/20/2020, Contact:
Jennifer DeHart Hass<PHONE_NUMBER>.

    The Department of Homeland Security (DHS) has adopted the U.S. Army
Corps of Engineers Final EIS No. 20180148, filed 06/22/2018 with EPA.
DHS was not a cooperating agency on this project. Therefore,
recirculation of the document is necessary under Section 1506.3(b) of
the CEQ Regulations.

EIS No. 20200128, Draft, FHWA, WI, South Bridge Connector, Brown
County, Wisconsin, Tier 1 DEIS, Comment Period Ends: 08/03/2020,
Contact: Ian Chidister<PHONE_NUMBER>.
EIS No. 20200129, Revised Final, USFS, ID, Little Boulder, Review
Period Ends: 07/20/2020, Contact: Amy Boykin<PHONE_NUMBER>.

Amended Notice

EIS No. 20200054, Draft, BIA, BLM, NM, Farmington Mancos-Gallup
Resource Management Plan Amendment and

Environmental Impact Statement, Comment Period Ends: 09/25/2020,
Contact: Jillian Aragon<PHONE_NUMBER>. Revision to FR Notice Published
2/28/2020; Extending the Comment Period from 5/28/2020 to 9/25/2020.
EIS No. 20200060, Draft, FHWA, VA, Route 220 Martinsville Southern
Connector, Comment Period Ends: 07/24/2020, Contact: Mack A Frost 804-
775-3352. Revision to FR Notice Published 5/15/2020; Extending the
Comment Period from 6/19/2020 to 7/24/2020.

    Dated: June 16, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2020-13252 Filed 6-18-20; 8:45 am]
BILLING CODE 6560-50-P