[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Rules and Regulations]
[Page 68132-68135]
[DOCID:fr23de09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1196; Directorate Identifier 2009-NM-170-AD;
Amendment 39-16146; AD 2008-09-12 R1]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes

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

ACTION: Final rule; request for comments.

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

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. * * *

    This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective January 7, 2010.

    On June 6, 2008 (73 FR 24147, May 2, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
publication listed in the AD.
    We must receive comments on this AD by February 8, 2010.

ADDRESSES: You may send comments 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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact Bombardier,
Inc., 400 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: James Delisio, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 18, 2008, we issued AD 2008-09-12, Amendment 39-15493 (73
FR 24147, May 2, 2008). That AD applied to all Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. That AD required revising
the Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to include the critical design configuration
control limitations (CDCCL) data.
    CDCCLs are limitation requirements to preserve a critical ignition
source prevention feature of the fuel tank system design that is
necessary to prevent the occurrence of an unsafe condition. The purpose
of a CDCCL is to provide instruction to retain the critical ignition
source prevention feature during configuration change that may be
caused by alterations, repairs, or maintenance actions. A CDCCL is not
a periodic inspection.
    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS. But once
the CDCCLs are incorporated into the ALS, future maintenance actions on
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. This new
AD retains the requirements of the existing AD, and adds a new note to
clarify the intended effect of the AD on spare and on-airplane fuel
tank system components. We have renumbered subsequent notes
accordingly.

Explanation of Changes Made to This AD

    We have revised this AD to identify the correct legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Explanation of Additional Change to AD

    AD 2008-09-12 allowed the use of alternative CDCCLs that are a part
of ``a later revision'' of Appendix D, ``Fuel System Limitations,'' of
Part 2, ``Airworthiness Requirements,'' Revision 7, dated May 10, 2007,
of the Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-
053. That provision has been removed from this AD. Allowing the use of
``a later revision'' of specific service documents violates Office of
the Federal Register regulations for approving materials that are
incorporated by reference. Affected operators, however, may request
approval to use a later revision of the referenced service documents as
an alternative method of compliance, under the provisions of paragraph
(g) of this AD.

Differences Between the AD and the MCAI or Service Information

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

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    We estimate that this AD will affect about 700 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $56,000, or $80 per
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for

making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1196; Directorate
Identifier 2009-NM-170-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15493 (73 FR
24147, May 2, 2008) and adding the following new AD:

2008-09-12 R1 Bombardier, Inc. (Type Certificate previously held by
Canadair): Amendment 39-16146. Docket No. FAA-2009-1196; Directorate
Identifier 2009-NM-170-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
7, 2010.

Affected ADs

    (b) This AD revises AD 2008-09-12, Amendment 39-15493.

Applicability

    (c) This AD applies to all Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, all serial numbers.

Subject

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

Reason

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

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. Revision has been made to Canadair Regional
Jet Model CL-600-2B19 Maintenance Requirements Manual, CSP A-053,
Part 2, Appendix D, ``Fuel System Limitations'' to introduce the
required CDCCL.

    The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
include the CDCCL data.

Restatement of Requirements of AD 2008-09-12, With Revised Compliance
Method Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after June 6, 2008 (the effective date AD
2008-09-12), revise the ALS of the Instructions for Continued
Airworthiness to include the CDCCLs specified in Canadair Temporary
Revision (TR) 2D-2, dated March 31, 2006, to Appendix D, ``Fuel
System Limitations,'' of Part 2, ``Airworthiness Requirements,'' of
the Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-
053.

    Note 1:  The revision required by paragraph (f)(1) of this AD
may be done by inserting a copy of the TR into the maintenance
requirements manual. When the TR has been included in the general
revision of the maintenance program, the general revision may be
inserted into the maintenance requirements manual, provided the
relevant information in the general revision is identical to that in
the TR, and the temporary revision may be removed.

    (2) After accomplishing the action specified in paragraph (f)(1)
of this AD, no alternative CDCCLs may be used unless the CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (g)(1) of this AD.

New Information: Explanation of CDCCL Requirements

    Note 2:  Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraph (f) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the ALS has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Program Manager,
Continuing Operational Safety, 1600 Stewart Avenue, Suite 41,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to ensure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-35,
dated December 21, 2007, Canadair Temporary Revision (TR) 2D-2,
dated March 31, 2006, and TR 2D-2, dated May 10, 2007, for related
information.

Material Incorporated by Reference

    (i) You must use Canadair Temporary Revision 2D-2, dated March
31, 2006, to Appendix D, ``Fuel System Limitations,'' of Part 2,
``Airworthiness Requirements,'' of the Bombardier CL-600-2B19
Maintenance Requirements Manual CSP A-053, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the
incorporation by reference of Canadair Temporary Revision 2D-2,
dated March 31, 2006, to Appendix D, ``Fuel System Limitations,'' of
Part 2, ``Airworthiness Requirements,'' of the Bombardier CL-600-
2B19 Maintenance Requirements Manual CSP A-053 on June 6, 2008 (73
FR 24147, May 2, 2008).
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com.
    (3) You may review copies of the 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> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on December 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30417 Filed 12-22-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Pages 46776-46777]
[FR Doc No: 2019-19138]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-38]

Petition for Exemption; Summary of Petition Received; Helinet
Aviation Services, LLC

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

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 25, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0462
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to

http://www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 15, 2019.
John Linsenmeyer,
Acting Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2019-0462.
    Petitioner: Helinet Aviation Services, LLC.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.23(a) & (c);
61.101(e)(4) & (5); 61.113(a); 61.315(a); 91.7(a); 91.119(c); 91.121;
91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); & 91.417(a)
& (b).
    Description of Relief Sought: The proposed exemption, if granted,
would allow the petitioner to operate the Shotover U1 unmanned aircraft
system (UAS), weighing 88.2 pounds, in support of closed-set motion
picture and television filming operations. The petitioner intends to
operate the UAS closer than 500 feet to production personnel and other
individuals participating in the intended purposes of the operation who
are located on the closed-set; however, the UAS will never be operated
over people. The operations will take place below 400 feet above ground
level and within visual line of sight of the pilot and a visual
observer. Operations will occur during daylight hours on private
property with permission from the property owner/controller. Operations
will be limited to Class G airspace unless an appropriate Air Traffic
Organization Certificate of Waiver or Authorization has been obtained
that authorizes operations in other classes of airspace.

[FR Doc. 2019-19138 Filed 9-4-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Page 30812]
[FR Doc No: 2023-10132]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34909; 812-15454]

SEI Alternative Income Fund, et al.

May 8, 2023.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c) of
the Act for an exemption from rule 23c-3 under the Act, and for an
order pursuant to section 17(d) of the Act and rule 17d-1 under the
Act.

Summary of Application: Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares and to impose early withdrawal charges and asset-
based distribution and/or service fees with respect to certain classes.

Applicants: SEI Alternative Income Fund, SEI Investments Distribution
Co. and SEI Investments Management Corporation.

Filing Date: The application was filed on April 10, 2023.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
relevant applicant with a copy of the request by email, if an email
address is listed for the relevant applicant below, or personally or by
mail, if a physical address is listed for the relevant applicant below.
Hearing requests should be received by the Commission by 5:30 p.m. on
June 2, 2023, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Timothy D. Barto, [email protected] and Sean Graber,
[email protected].

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
Counsel, at<PHONE_NUMBER> (Chief Counsel's Office, Division of
Investment Management).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and condition, please refer to Applicants' application, dated
April 10, 2023, which may be obtained via the Commission's website by
searching for the file number at the top of this document, or for an
Applicant using the Company name search field, on the SEC's EDGAR
system. The SEC's EDGAR system may be searched at http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the
SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10132 Filed 5-11-23; 8:45 am]
BILLING CODE 8011-01-P


PC Code: 009001 DP Code: D283648 MEMORANDUM DATE: July 31, 2002 SUBJECT: Correction in Qualitative Assessment of Long range Transport and Atmospheric Deposition of Lindane to Great Lakes TO: Betty Shackleford, Branch Chief M. Howard, Team Leader Reregistration Branch III Special Review and Reregistration Division (7508C)

FROM: Faruque A. Khan, Ph. D., Environmental Scientist Environmental Fate and Effects Division (7507C)

THROUGH: Mah T. Shamim, Ph. D., Chief Environmental Risk Branch V Environmental Fate and Effects Division (7507C)

This memo presents a correction to the memorandum titled "Qualitative Assessment of Long range Transport and Atmospheric Deposition of Lindane to the Great Lakes" dated June 22, 2002. In the 1 st paragraph of page 2, the last sentence "In contrast, the flows for lindane remain relatively stable since their decrease in 1995 due to restricted use of lindane and the ban of   HCH, which also contain 10  18% of   HCH isomer (USEPA, 1998)" should read as follows: In contrast, the flows for lindane remain relatively stable since their decrease in 1995 due to restricted use of lindane and the ban of technical grade HCH, consists of mainly   HCH 5570   HCH (10 18%) and trace amounts of       and  HCH isomers (5 14%) (USEPA, 1998).


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Notices]
[Page 30375-30376]
[DOCID:fr25my11-102]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3320-EM; Docket ID FEMA-2011-0001]

Mississippi; Amendment No. 3 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Mississippi (FEMA-3320-EM), dated May 4, 2011, and related
determinations.

DATES: Effective Date: May 13, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared an emergency by the President in his declaration of
May 4, 2011.

    The counties of Adams, Bolivar, Claiborne, Coahoma, DeSoto,
Humphreys, Issaquena, Jefferson, Sharkey, Tunica, Warren,
Washington, Wilkinson, and Yazoo for emergency protective measures
[Category B], including direct Federal assistance, under the Public
Assistance program (already designated for emergency protective
measures [Category B], limited to direct Federal assistance, under
the Public Assistance program).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-12908 Filed 5-24-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 66817-66821]
[FR Doc No: 2015-27622]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 175

[Docket No. PHMSA-2015-0165]
RIN 2137-AF12

Hazardous Materials: Carriage of Battery-Powered Electronic
Smoking Devices in Passenger Baggage

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

ACTION: Interim final rule.

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SUMMARY: PHMSA is issuing an interim final rule to prohibit passengers
and crewmembers from carrying battery-powered portable electronic
smoking devices (e.g., e-cigarettes, e-cigs, e-cigars, e-pipes, e-
hookahs, personal vaporizers, electronic nicotine delivery systems) in
checked baggage and prohibit passengers and crewmembers from charging
the devices and/or batteries on board the aircraft. These devices may
continue to be carried in carry-on baggage. This action is consistent
with a similar action taken by the International Civil Aviation
Organization (ICAO) that incorporated this restriction into the 2015-
2016 Edition of the ICAO Technical Instructions for the Safe Transport
of Dangerous Goods by Air by way of an addendum and is necessary to
address an immediate safety risk. This interim final rule does not
impact the existing rules on the transport of lithium batteries or
other portable electronic devices that are transported for personal use
in a passenger's checked or carry-on baggage.
    Because the actions taken in this interim final rule address a
public safety risk, PHMSA finds that good cause exists to amend the
regulations without advance notice and opportunity for public comment.
For the reasons described below, public notice is impracticable,
unnecessary, and contrary to the public interest. PHMSA encourages
persons to participate in this rulemaking by submitting comments
containing relevant information, data, or views. We will consider all
comments received on or before the closing date for comments. We will
consider late filed comments to the extent practicable. This interim
final rule may be amended based on comments received.

DATES: Effective Date: The effective date of these amendments is
November 6, 2015.
    Comments: Comments must be received by November 30, 2015.

ADDRESSES: You may submit comments by any of the following methods:
    1. Federal Rulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Fax: 1-202-493-2251.
    3. Mail: Docket Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    4. Hand Delivery: To U.S. Department of Transportation, Dockets
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2015-
0165 or RIN 2137-AF12 for this rulemaking at the beginning of your
comment. Note that all comments received will be posted without change
to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.), as described in the system of records notice (DOT/ALL-14
FDMS), which can be reviewed at www.dot.gov/privacy.
    Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Kevin A. Leary, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    A battery-powered portable electronic smoking device (e-cigarette),
also called an e-cig, a personal vaporizer or electronic nicotine
delivery system, is a battery-powered device that simulates tobacco
smoking. E-cigarettes contain a liquid, an atomizer or heating element,
and a battery. When an e-cigarette is operated by a user, the heating
element vaporizes the liquid. Many e-cigarettes are designed to look
like traditional cigarettes, but they are also made to look like
cigars, pipes, and even everyday products such as pens. The use of e-
cigarettes has been rising substantially and e-cigarettes have
increasingly become a common item in passenger baggage. Airline
passengers and crewmembers are currently permitted to carry these
devices under the provisions for portable electronic devices contained
in 49 CFR 175.10(a)(18). However, the provisions for portable
electronic devices do not adequately address the safety risks posed by
e-cigarettes, which include a heating element as a function of their
design.
    Recent fire incidents involving e-cigarettes in checked baggage,
along with actions taken by the Federal Aviation Administration (FAA)
and ICAO, highlight the need for PHMSA to take prompt action to address
this issue.
    On August 9, 2014, at Boston's Logan Airport, an e-cigarette
contained in a passenger's checked bag in the cargo hold of a passenger
aircraft caused a fire that forced an evacuation of the aircraft. An
airline ramp agent noticed smoke coming from the bag. The bag was
removed from the aircraft cargo compartment and investigators
determined the source of the fire was an e-cigarette, which continued
to burn after it was removed from the bag. Air carrier personnel
extinguished the fire. Massport Fire responded and ensured the fire was
no longer burning. The fire

burned a hole approximately 4 inches in diameter in the outer pocket of
the bag. Passengers were deplaned as a precaution.
    On January 4, 2015, at Los Angeles International Airport, a checked
bag that arrived late and missed its connecting flight was found to be
on fire in a baggage area. Emergency responders attributed the fire to
an overheated e-cigarette inside the bag.
    These incidents have shown that e-cigarettes can overheat and cause
fires when the heating element is accidentally activated or turned on.
This danger may be exacerbated by the growing trend of users modifying
and rebuilding their reusable e-cigarette devices and swapping
components, which may include the use of batteries, heating elements,
and electronic components not original to the manufactured e-cigarette.
    An October 2014 report from the U.S. Fire Administration \1\
identified at least 25 incidents of explosion and fire involving e-
cigarettes between 2009 and 2014. Many of these incidents occurred
while the device was charging and resulted in the ignition of nearby
combustible materials. This report highlights the risks associated with
charging e-cigarettes.
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    \1\ Electronic Cigarette Fires and Explosions, U.S. Fire
Administration, October 2014 (See appendix 1 for a list of the
incidents) https://www.usfa.fema.gov/downloads/pdf/publications/electronic_cigarettes.pdf.
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    Following the fire at Logan Airport, on December 10, 2014, the ICAO
issued an Electronic Bulletin (EB) titled, Dangerous Goods Carried by
Passenger and Crew--Incidents Related to Electronic Cigarettes (EB
2014/074).\2\ The ICAO bulletin recommended that a passenger's e-
cigarettes be carried in the cabin of the aircraft and not in checked
baggage.
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    \2\ Dangerous Goods Carried by Passenger and Crew--Incidents
Related to Electronic Cigarettes, Electronic Bulletin (EB) 2104/074,
International Civil Aviation Administration (ICAO), October 10,
2014, http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/passenger_info/media/ICAO_ecigarettes_bulletin.pdf.
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    On January 22, 2015, the FAA issued a Safety Alert for Operators
(SAFO) \3\ that highlighted current provisions of the hazardous
materials regulations (HMR), which state, ``transportation of battery-
powered devices that are likely to create sparks or generate a
dangerous evolution of heat is prohibited unless they are packaged in
such a manner to preclude such an occurrence (see 49 CFR 173.21(c)).''
The SAFO further recommended that air operators require their
passengers to carry e-cigarettes only in the cabin of the aircraft.
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    \3\ Fire Risk of Electronic Cigarettes (e-cigarettes) in Checked
Baggage, Safety Alert for Operators--SAFO15003, Federal Aviation
Administration (FAA), January 22, 2015, https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2015/SAFO15003.pdf.
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    Effective June 9, 2015, the ICAO published an addendum to the 2015-
2016 ICAO Technical Instructions for the Safe Transport of Dangerous
Goods by Air to prohibit carriage of e-cigarettes in checked baggage
and restrict the charging of these devices while on board the aircraft.
This addendum constitutes an amendment to the 2015-2016 ICAO Technical
Instructions, which took effect on January 1, 2015. On January 8, 2015,
PHMSA published a rulemaking harmonizing the HMR with the 2015-2016
ICAO Technical Instructions. This issuance of this interim final rule
is necessary to incorporate the June 9, 2015 amendment to the Technical
Instructions to address the known safety risk.
    The partial restriction in this interim final rule applies only to
battery-powered portable electronic smoking devices (e.g., e-
cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal vaporizers,
electronic nicotine delivery systems). Passengers and crewmembers can
continue to carry battery-powered portable electronic smoking devices
in carry-on baggage. This interim final rule does not prohibit a
passenger from transporting other devices containing batteries for
personal use (such as laptop computers, cell phones, cameras, etc.) in
checked or carry-on baggage nor does it restrict a passenger from
transporting batteries for personal use in carry-on baggage.

II. Justification for Interim Final Rule

    PHMSA is issuing this interim final rule without providing an
opportunity for prior public notice and comment as is normally required
by the Administrative Procedure Act (APA). See 5 U.S.C. 553. The APA
authorizes agencies to dispense with certain notice and comment
procedures if the agency finds for good cause that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest. See 5 U.S.C. 553(b)(3)(B). ``Good cause'' exists in
impracticable situations when notice unavoidably prevents the due and
required execution of agency functions or when an agency finds that due
and timely execution of its functions is impeded by the notice
otherwise required by the APA. For example, an ``impracticable'' good
cause situation might be where air safety rules should be amended
without delay if the FAA determines that the safety of the traveling
public is at stake. Public notice is unnecessary when the public does
not need or benefit from the notice and comment, such as with a minor
or technical amendment. ``Public interest'' supplements the other terms
and requires that public rulemaking procedures must not prevent an
agency from operating and that a lack of public concern warrants an
agency dispensing with public procedure.
    In this case, the agency finds, for good cause, that notice and
public comment is impracticable, unnecessary, and contrary to the
public interest. The importance of the safety of the flying public
provides good cause for this measure. Here, there is a credible
indication of an emerging transportation safety risk from two recent
incidents involving battery-powered portable electronic smoking devices
in checked baggage and additional non-transportation incidents that
occurred while these types of devices were being charged. In August
2014 at Boston's Logan Airport, an e-cigarette contained in a
passenger's checked bag caught fire pre-flight and caused the
evacuation of an airplane. Similarly, in January 2015 at Los Angeles
International Airport, a bag containing an e-cigarette was found to be
on fire in a baggage area. The bag in question had missed a flight
connection, and should have been in the air at the time of the
incident. Although neither airplane was in the air when the fires
ignited, these incidents represent two near misses for the safety of
aviation passengers. E-cigarettes in checked bags present a safety risk
because the devices are capable of generating extreme heat and an
incident can result in the ignition of nearby contents. Carriage of e-
cigarettes in the passenger cabin addresses this safety risk by
ensuring that if an incident does occur, it can be immediately
identified and mitigated. PHMSA believes that a delay in implementing
this measure could result in serious harm to the traveling public.
    Under these circumstances, notice is impracticable and contrary to
the public interest. Because ICAO issued the addendum on a very short
timeframe due to the gravity of the safety risk, the HMR are currently
not harmonized with the ICAO Technical Instructions. Given the safety
risks posed by e-cigarettes in checked baggage, PHMSA believes that
public notice would frustrate the due and required execution of agency
functions. Although some airlines have voluntarily complied with the
SAFO recommendations, there is no domestic regulation to require
continued compliance with the recently adopted ICAO amendment.
Typically, PHMSA

amends the HMR to conform to recent amendments to the ICAO Technical
Instructions through periodic international harmonization rulemaking.
If PHMSA utilized this process, this HMR amendment would become
effective no earlier than January 1, 2017. The accelerated effective
date of the addendum to the ICAO Technical Instructions ensures that
passengers that travel on international airlines are subject to this
provision before PHMSA would have time to issue a final rule through
its regular harmonization rulemaking process. In light of the recent
incidents and the serious harm that could result from the public safety
risk of e-cigarettes in checked baggage, PHMSA believes that a delay
caused by adhering to the APA notice-and-comment process to adopt
conforming amendments is impracticable and contrary to the public
interest.
    Further, PHMSA believes that APA notice and comment would be
unnecessary because the public would not benefit from such notice. The
scope of this regulatory change is very limited; PHMSA is including a
new entry for e-cigarettes in 49 CFR 175.10 with carriage instructions.
The change does not impact whether passengers may bring their e-
cigarettes on an airplane. Instead, the new language affects how the e-
cigarettes must be stowed. This rulemaking does not impact the ability
to travel by air with these devices. FAA's January 2015 SAFO
recommended that air carriers require their passengers to carry e-
cigarettes and related devices exclusively in the cabin of the
aircraft. In voluntary compliance with the SAFO, many airlines instruct
passengers to carry their e-cigarettes in carry-on baggage only.
Because a substantial degree of compliance with this safety provision
already exists through voluntary airline actions, this amendment is
limited in scope yet pivotal for the safety of the traveling public.
Thus, in light of the recent safety incidents and limited scope of the
June 9, 2015, ICAO amendment, PHMSA has determined that the notice and
comment rulemaking process is unnecessary, impracticable, and contrary
to the public interest in this instance.
    The DOT is taking immediate action to strengthen safeguards for the
carriage of battery-powered portable electronic smoking devices in
passenger checked baggage and prohibit passengers and crewmembers from
charging the devices and/or batteries on board the aircraft. This
interim final rule is effective seven days after publication in the
Federal Register. The APA requires agencies to delay the effective date
of regulations for 30 days after publication, unless the agency finds
good cause to make the regulations effective sooner. See 5 U.S.C.
553(d). This interim final rule meets the good cause exception in this
instance because of credible evidence from two separate incidents
involving battery-powered portable electronic smoking devices in
checked baggage and additional non-transportation incidents that
occurred while the devices were being charged. The retroactive nature
of the ICAO amendments makes a 30-day effective date impracticable and
contrary to the public interest, because such a delay would further
extend the time period in which the HMR does not harmonize with ICAO.
Because several incidents have highlighted the safety risks of the
charging and cargo carriage of these devices, the public interest is
served by providing a seven-day effective date for this interim final
rule.
    The Regulatory Policies and Procedures of DOT (44 FR 110034;
February 26, 1979) provide that, to the maximum extent possible, DOT
operating administrations should provide an opportunity for public
comment on regulations issued without prior notice. Accordingly, PHMSA
encourages persons to participate in this rulemaking by submitting
comments containing relevant information, data, or views. We will
consider all comments received on or before the closing date for
comments. We will consider late filed comments to the extent
practicable. This interim final rule may be amended based on comments
received.

III. Rulemaking Analysis and Notices

A. Statutory/Legal Authority for This Rulemaking

    This interim final rule is published under authority of Federal
hazardous materials transportation law (Federal hazmat law; 49 U.S.C.
5101 et seq.) and 49 U.S.C. 44701. Section 5103(b) of Federal hazmat
law authorizes the Secretary of Transportation to prescribe regulations
for the safe transportation, including security, of hazardous material
in intrastate, interstate, and foreign commerce. 49 U.S.C. 44701
authorizes the Administrator of the Federal Aviation Administration to
promote safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary for safety in air commerce
and national security. 49 U.S.C. 5120(b) authorizes the Secretary of
Transportation to ensure that, to the extent practicable, regulations
governing the transportation of hazardous materials in commerce are
consistent with standards adopted by international authorities. This
final rule is amending the HMR to maintain alignment with the ICAO
Technical Instructions.

B. Executive Orders 13563 and 12866 and DOT Regulatory Policies and
Procedures

    The Department has determined that the transportation of battery-
powered portable electronic smoking devices in checked baggage is an
immediate safety threat. Therefore, this rule is being issued to
address an emergency situation within the meaning of Section 6(a)(3)(D)
of Executive Order 12866. Under section 6(a)(3)(D), in emergency
situations, an agency must notify OMB as soon as possible and, to the
extent practicable, comply with subsections (a)(3)(B) and (C) of
section 6 of EO 12866. The Department has notified and consulted with
OMB on this interim final rule. We do not anticipate the actions in
this interim final rule will impose a significant impact on airlines,
airline passengers, crewmembers, or the Federal government. We expect
airlines will incur minimal costs associated with updating
notifications to airline passengers (e.g. Web sites, automated check-in
facilities, signage and verbal notifications from the operator).
Airlines already have mechanisms to notify airline passengers of
hazardous materials restrictions and we expect that airlines would
incorporate this additional provision into existing notifications.
Airline passengers will still be permitted to carry their e-cigarettes
in their carry-on baggage or on their person. Spare lithium batteries
must be individually protected so as to prevent short circuits (by
placement in original retail packaging or by otherwise insulating
terminals, e.g., by taping over exposed terminals or placing each
battery in a separate plastic bag or protective pouch). This is
consistent with existing requirements for the carriage of spare lithium
batteries for portable electronic devices. We do not anticipate this
would result in any impact on passengers because these devices are a
type of portable electronic device and spare lithium batteries for
portable electronic devices are already required to be protected from
short circuits and carried in carry-on baggage only. Some passengers
may incur a non-quantifiable cost in the lost opportunity to charge
their device while on board the aircraft. We expect that this will be a
small number of passengers and that the per-passenger cost will also be
small. The Transportation Security

Administration may incur new costs associated with amending security
procedures for checked baggage to inform security officers that these
items should be treated as hazardous materials. PHMSA welcomes public
comments on potential costs and benefits of this regulatory action.
    Under the Department of Transportation's Regulatory Policies and
Procedures (44 FR 11034), this rule is considered to be an emergency
regulation. The Department has determined that an immediate safety
threat exists in the carriage of battery-powered portable electronic
smoking devices in checked baggage and, therefore, this rule is
considered to be an emergency regulation. Because of the need to move
quickly to address this risk, it would be impractical, unnecessary, and
contrary to the public interest to follow the usual procedures under
the DOT order.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
rule preempts State, local and Indian tribe requirements but does not
impose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
27, contains express preemption provisions (49 U.S.C. 5125) that
preempt inconsistent State, local, and Indian tribe requirements,
including requirements on the following subjects:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    This rule addresses subject items (1) and (2) described above and,
accordingly, State, local, and Indian tribe requirements on these
subjects that do not meet the ``substantively the same'' standard will
be preempted.
    Federal hazardous materials transportation law provides at Sec.
5125(b)(2) that, if DOT issues a regulation concerning any of the
covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
a final rule and not later than two years after the date of issuance.
The effective date of Federal preemption is 90 days from publication of
this interim final rule in this matter in the Federal Register. This
effective date for preemptive effect should not provide a conflict with
the overall effective date for this interim final rule because the FAA
Act, and various court decisions dealing with the regulation of air
transport, generally preempts State and local requirements.
Historically the States and localities are aware of this preemptive
effect and do not regulate in conflict with Federal requirements in
these situations.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this interim
final rule does not have tribal implications and does not impose direct
compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.

E. Regulatory Flexibility Act and Executive Order 13272

    Section 603 of the Regulatory Flexibility Act (RFA) requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553 to publish a general notice of proposed rulemaking for any proposed
rule. Similarly, section 604 of the RFA requires an agency to prepare a
final regulatory flexibility analysis when an agency issues a final
rule under 5 U.S.C. 553 after being required to publish a general
notice of proposed rulemaking. Because of the need to move quickly to
address the identified risk, prior notice and comment would be contrary
to the public interest. As prior notice and comment under 5 U.S.C. 553
are not required to be provided in this situation, the analyses in 5
U.S.C.s 603 and 604 are not required.

F. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of
$155,000,000 or more, adjusted for inflation, to either State, local or
tribal governments, in the aggregate, or to the private sector in any
one year, and is the least burdensome alternative that achieves the
objective of the rule.

G. Paperwork Reduction Act

    There are no new information collection requirements in this final
rule.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. This interim final rule prohibits the carriage of battery-
powered portable electronic smoking devices in checked baggage and the
charging of such devices on board a passenger-carrying aircraft.
Airline passengers will still be permitted to carry their e-cigarettes
in their carry-on baggage or on their person. In other words, the
interim final rule only impacts how a passenger may carry battery-
powered portable electronic smoking devices on aircraft, not whether a
passenger can carry such devices. We find that there are no significant
environmental impacts associated with this interim final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you

may visit http://www.regulations.gov/search/footer/privacyanduse.jsp

List of Subjects in 49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we amend 49 CFR Chapter I as
follows:

PART 175--CARRIAGE BY AIRCRAFT

0
1. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.

0
2. In Sec.  175.10, redesignate paragraphs (a)(19) through (a)(24) as
paragraphs (a)(20) through (a)(25) and add new paragraph (a)(19) to
read as follows:

Sec.  175.10  Exceptions for passengers, crewmembers, and air
operators.

    (a) * * *
    (19) Except as provided in Sec.  173.21 of this subchapter,
battery-powered portable electronic smoking devices (e.g., e-
cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal vaporizers,
electronic nicotine delivery systems) when carried by passengers or
crewmembers for personal use must be carried on one's person or in
carry-on baggage only. Spare lithium batteries must be individually
protected so as to prevent short circuits (by placement in original
retail packaging or by otherwise insulating terminals, e.g., by taping
over exposed terminals or placing each battery in a separate plastic
bag or protective pouch). Each lithium battery must be of a type which
meets the requirements of each test in the UN Manual of Tests and
Criteria, Part III, Sub-section 38.3. Recharging of the devices and/or
the batteries on board the aircraft is not permitted. Each battery must
not exceed the following:
    (i) For lithium metal batteries, a lithium content of 2 grams; or
    (ii) For lithium ion batteries, a Watt-hour rating of 100 Wh.
* * * * *

    Issued in Washington, DC, on October 23, 2015 under authority
delegated in 49 CFR part 1.97
Marie Therese Dominguez,
Administrator.
[FR Doc. 2015-27622 Filed 10-29-15; 8:45 am]
BILLING CODE 4910-60-P