[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 51966-51968]
[FR Doc No: 2015-21097]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3620; Directorate Identifier 2015-CE-029-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Pacific Aerospace Limited Model 750XL airplanes that would
supersede AD 2014-20-13. This proposed 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 fatigue cracks on the fin forward pickup plates, which
could cause it to fail. We are issuing this proposed AD to require
actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 13,
2015.

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

W12-140, 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
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027,
Hamilton 3240, New Zealand, phone: +64 7 843 6144; fax: +64 7 843 6134;
email<EMAIL_ADDRESS>Internet: www.aerospace.co.nz. You may
review copies of the referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3620; 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 (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<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-2015-3620;
Directorate Identifier 2015-CE-029-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://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

    On September 26, 2014, we issued AD 2014-20-13, Amendment 39-17986
(79 FR 60329, October 7, 2014). That AD required actions intended to
address an unsafe condition on all Pacific Aerospace Limited Model
750XL airplanes and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country.
    Since we issued AD 2014-20-13, Amendment 39-17986 (79 FR 60329,
October 7, 2014), Pacific Aerospace Limited has revised the related
service information and developed a terminating action for the
repetitive inspections.
    The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/750XL/18A, dated August 4, 2015
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    DCA/750XL/18A revised to add note 2 and introduce minor
editorial changes. This AD supersedes DCA/750XL/18 and DCA/750XL/16A
to introduce the requirements in Pacific Aerospace Limited Mandatory
Service Bulletin (MSB) PACSB/XL/068 issue 5, dated 29 June 2015. The
revised MSB introduces a life limit for fin forward pickup P/N 11-
10281-1 and reduces the torque setting for the fin forward pickup
bolt to alleviate some of the loads applied to the pickup. The MSB
also introduces a replacement fin forward pickup P/N 11-03375-1
which is not life limited.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3620.

Related Service Information Under 1 CFR part 51

    Pacific Aerospace Limited has issued Mandatory Service Bulletin
PACSB/XL/068, Issue 5, dated June 29, 2015. This service bulletin
reduces the torque setting for the fin forward pickup bolt and
introduces a new, improved replacement fin forward pickup plate, part
number P/N 11-0375-1, to replace P/N 11-10281-1. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 18 products of U.S.
registry. We also estimate that it would take about 22 work-hours per
product to comply with all the requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $1,692 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $64,116, or $3,562 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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

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 39-17986 (79 FR
60329, October 7, 2014), and adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2015-3620; Directorate
Identifier 2015-CE-029-AD.

(a) Comments Due Date

    We must receive comments by October 13, 2015.

(b) Affected ADs

    This AD supersedes AD 2014-20-13, Amendment 39-17986 (79 FR
60329, October 7, 2014).

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, all serial numbers through XL-193, XL-195, and XL-197,
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by 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 fatigue cracks
on the fin forward pickup plates. We are issuing this AD to detect
and correct cracked fin forward pickup plates to prevent failure of
the fin forward pickup plates, which could result in reduced
control.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through
(f)(4) of this AD:
    (1) Within the next 150 hours time-in-service (TIS) after the
effective date of this AD, reduce the fin forward pickup bolt torque
following the procedures in section 1.D., paragraphs A. 1) and A. 2)
of the PLANNING INFORMATION in Pacific Aerospace Limited Mandatory
Service Bulletin PACSB/XL/068, Issue 5, dated June 29, 2015.
    (2) At or before reaching 2,000 hours total time-in-service
(TTIS) or within the next 150 hours TIS after the effective date of
this AD, whichever occurs later, and repetitively thereafter at
intervals not to exceed 600 hours TIS or 12 months, whichever occurs
first, do a detailed visual inspection and liquid penetrant
inspection of the fin forward pickup plates for any evidence of
cracking. Do the inspections following the procedures in sections
2.A. and 2.B. of the ACCOMPLISHMENT INSTRUCTIONS in Pacific
Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, Issue 5,
dated June 29, 2015.
    (3) If cracks are found during any inspection required in
paragraph (f)(2) of this AD, before further flight, replace the fin
forward pickup plates with new fin forward pickup plates, part
number (P/N) 11-03375-1. Do the replacement following the procedures
in section 2.C. of the ACCOMPLISHMENT INSTRUCTIONS in Pacific
Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, Issue 5,
dated June 29, 2015. This replacement terminates the repetitive
inspections required in paragraph (f)(2) of this AD.
    (4) If no cracks are found during any inspection required in
paragraph (f)(2) of this AD, at or before reaching 6,000 hours TTIS
or within the next 600 hours TIS after the effective date of this
AD, whichever occurs later, replace the fin forward pickup plates,
P/N 11-10281-1, with P/N 11-03375-1. Do the replacement following
the procedures in section 2.D. of the ACCOMPLISHMENT INSTRUCTIONS in
Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/068,
Issue 5, dated June 29, 2015. This replacement terminates the
repetitive inspections required in paragraph (f)(2) of this AD .

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/18A,
dated August 4, 2015, for related information. You may examine the
MCAI on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2015-3620. For service information
related to this AD, contact Pacific Aerospace Limited, Airport Road,
Hamilton, Private Bag 3027, Hamilton 3240, New Zealand, phone: +64 7
843 6144; fax: +64 7 843 6134; email<EMAIL_ADDRESS>
Internet: www.aerospace.co.nz. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on August 14, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-21097 Filed 8-26-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Notices]
[Page 8231-8233]
[DOCID:fr23fe07-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55284; File No. SR-NASDAQ-2007-003]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Pricing for Nasdaq Members Using the Nasdaq Market Center

February 13, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 29, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared substantially by Nasdaq. Pursuant to Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) \4\ thereunder,
Nasdaq has designated the proposed rule change as establishing or
changing a member due, fee, or other charge, which renders the proposed
rule change effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify the pricing for Nasdaq members using the
Nasdaq Market Center (``Center''). Nasdaq will implement this proposed
rule change on February 1, 2007. The text of the proposed rule change
is available at Nasdaq, http://www.nasdaq.com, and the Commission's Public

Reference Room.\5\
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    \5\ Changes to the proposed rule text are marked to the rule
text that appears in the electronic Nasdaq Manual found at
nasdaq.complinet.com/nasdaq/display/index.html.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    This proposed rule change modifies the pricing schedule for trading
securities through the Center. In addition to modifying the level of
certain fees, the filing also adds language reflecting the fees to be
charged for trading non-Nasdaq securities through the Center. Nasdaq
anticipates that such trading will begin on February 12, 2007. The fee
schedule reflects the volume of a member's use of the Center and also
the ITS/CAES and Inet systems operated by Nasdaq and its

affiliates as facilities of NASD, in determining applicable fees.\6\
The changes proposed by this filing relate to order execution fees for
the Nasdaq Market Center and fees for routing to venues other than the
New York Stock Exchange (``NYSE''). When the Center begins to route
orders to NYSE, the changes will also apply to such routing.
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    \6\ The consideration of volumes through ITS/CAES and Inet is a
function of the phased transition of Nasdaq from an operator of NASD
facilities to a separate national securities exchange. As such, NASD
fees schedules will be amended to remove all references to Nasdaq
shortly after the time when Nasdaq begins to trade non-Nasdaq
exchange-listed securities as an exchange. NASD is submitting a
comparable filing to modify fees for non-Nasdaq exchange-listed
securities, which likewise considers trading volumes through the
Center.
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    Currently, members with an average daily volume through the Center
in all securities during the month of (i) More than 30 million shares
of liquidity provided, and (ii) more than 50 million shares of
liquidity accessed and/or routed; or members with an average daily
volume through the Center in all securities during the month of (i)
more than 20 million shares of liquidity provided, and (ii) more than
60 million shares of liquidity accessed and/or routed, pay a fee of
$0.0027 per share executed when their orders access liquidity on the
Center or are routed. Members with lower volumes pay a fee of $0.0028
or $0.003, depending on their volumes. The proposed rule change raises
the volume thresholds needed to qualify for the $0.0027 fee, such that
it will be available to market participants that (i) Add more than 35
million shares of liquidity per day during the month and route or
remove more than 55 million shares of liquidity per day during the
month, or (ii) add more than 25 million shares of liquidity per day
during the month and route or remove more than 65 million shares of
liquidity per day during the month.
    Currently, members adding more than 30 million shares of liquidity
per day during the month receive a liquidity provider credit of $0.0025
per share executed; members providing less liquidity receive a credit
of $0.002. The proposed rule change would raise the threshold needed to
qualify for the $0.0025 rebate to 35 million shares per day. However,
the proposed rule change also introduces an intermediate credit of
$0.0022 per share executed for members that provide more than 20
million shares of liquidity during the month.
    Nasdaq announced the fees reflected in this proposed rule change on
November 30, 2006,\7\ as part of a market-wide evolution in the pricing
structure for non-Nasdaq listed securities and an effort by Nasdaq to
adopt consistent pricing for all types of securities. Previously, the
fees charged by Nasdaq and other venues for non-Nasdaq securities had
been characterized by low execution and routing fees and no credits for
liquidity providers. During the Fall of 2006, however, other markets
began to adopt higher execution fees, coupled with liquidity provider
credits, thereby moving towards a structure that had long been in
effect for Nasdaq-listed securities. As of January 2, 2007, NASD filed
fees for ITS/CAES and Inet that reflected this evolving pricing
structure, and Nasdaq adopted comparable fees for Nasdaq-listed
securities traded through the Center.\8\ However, the fees filed for
January were intended as a one-month transition away from the previous
structure, and therefore included lower thresholds to qualify for
favorable pricing. In addition, the new higher thresholds reflecting
the growing volumes of orders for NYSE-listed securities that are
executed or routed through Inet and ITS/CAES, and are intended to
encourage further usage.
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    \7\ See Nasdaq Head Trader Alert 2006-199 (November 30,
2006) (available at http://www.nasdaqtrader.com/trader/news/2006/headtraderalerts/hta2006-199.stm
).

    \8\ See Securities Exchange Act Release No. 55129 (January 18,
2007), 72 FR 3894 (January 26, 2007)(SR-NASD-2006-137). See also
Securities Exchange Act Release No. 55137 (January 19, 2007), 72 FR
3452 (January 25, 2007) (SR-NASDAQ-2006-068).
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general, and with Section
6(b)(4) of the Act,\10\ in particular, in that the proposed rule change
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which Nasdaq operates or controls. Nasdaq believes
that the fees are reasonably allocated among members based on their
usage of the trading systems operated by Nasdaq, and are generally
consistent with fees charged by other market centers for comparable
services.\11\
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ NYSE Arca's fees are structured the same as Nasdaq's fees;
Nasdaq's fees are generally the same or slightly lower. See http://www.nyse.com/productservices/nysearcaequities/1157018931977.html.

BATS fees are also structured similarly, and are generally lower.
See http://www.batstrading.com/subscriber_resources/ BATS--Fee--

Schedule--20070201.pdf. NYSE uses a different pricing model, but
recently made changes to its fees that are reflected in Nasdaq's
fees for routing to NYSE. See http://www.nyse.com/Frameset.html?nyseref=&displayPage=/press/
 PressReleases.html

(November 30, 2006 press release). February 12, 2007 email from John
Yetter, Nasdaq, to Joseph Morra, Commission.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \12\ and Rule 19b-4(f)(2) thereunder,\13\ in
that the proposed rule change establishes or changes a member due, fee,
or other charge. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-003 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NASDAQ-2007-003.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the

submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for inspection and copying in the Commission's
Public Reference Room. Copies of such filing also will be available for
inspection and copying at the principal office of NASDAQ. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2007-003 and should
be submitted on or before March 16, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-3093 Filed 2-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Page 46814]
[FR Doc No: 2017-21629]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4316-DR; Docket ID FEMA-2017-0001]

New Hampshire; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Hampshire (FEMA-4316-DR), dated June 1, 2017, and
related determinations.

DATES: The amendment was issued on September 21, 2017.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, James N. Russo,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Albert Lewis as Federal
Coordinating Officer for this disaster.

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.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21629 Filed 10-5-17; 8:45 am]
 BILLING CODE 911-23-P


[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50360-50362]
[FR Doc No: 2016-17781]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0788; FRL-9949-70-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor
Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
serious nonattainment area reasonable further progress (RFP) plan for
the Baltimore serious nonattainment area for the 1997 8-hour ozone
national ambient air quality standard (NAAQS). The SIP revision
includes 2011 and 2012 RFP milestones, contingency measures for failure
to meet RFP, and updates to the 2002 base year inventory and the 2008
reasonable RFP plan previously approved by EPA. EPA is also approving
the transportation conformity motor vehicle emissions budgets (MVEBs)
associated with this revision. This action is being taken under the
Clean Air Act (CAA).

DATES: This final rule is effective on August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0788. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov or may be viewed during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Maryland Department of the Environment, 1800 Washington Boulevard,
Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 2, 2016 (81 FR 26188), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of the ``Baltimore Serious Nonattainment Area 0.08 ppm 8-Hour
Ozone State Implementation Plan Demonstrating Rate of Progress for
2008, 2011 and 2012 Revision to 2002 Base Year Emissions; and Serious
Area Attainment Demonstration, SIP Number: 13-07,'' (the Serious Area
Plan) submitted by the Maryland Department of the Environment (MDE) on
July 22, 2013. The SIP revision submittal included updates to the 2002
base year emissions inventory and 2008 RFP plan that EPA previously
approved into the Maryland SIP, RFP for 2011 and 2012, an attainment
demonstration, including modeling and weight of evidence, RFP and
attainment contingency measures, a reasonably available control
measures (RACM) determination, and 2012 MVEBs. After EPA determined
Baltimore had attained the 1997 8-hour ozone standard, Maryland, by
letter dated October 20, 2015, withdrew the attainment demonstration,
including modeling and weight of evidence, contingency measures for
attainment, and the RACM analysis from consideration as a SIP revision.
Therefore, those elements are not addressed in this rulemaking action.

II. Summary of SIP Revision

    On June 4, 2010, EPA approved Maryland's moderate area RFP that
provided for a 15 percent (%) emissions reduction from 2002 to 2008,
contained in the Moderate Area Plan. 75 FR 31709. Maryland, however,
needed to update the 2008 target levels for its Serious Area Plan
because they are the basis for the new 2011 and 2012 target level
calculations for RFP. Maryland also needed to update its 2002 base year
inventory, which is the basis for the 2008 target levels and its 15%
RFP plan. In the Serious Area Plan, MDE updated its 2002 base year
inventory and 15% RFP plan, including 2008 target levels, to reflect
changes to EPA's approved model for on-road mobile sector emissions,
from the Mobile Source Emission Factor Model (MOBILE) to the Motor
Vehicle Emission Simulator (MOVES) model, as well as updates to EPA's
NONROAD model.
    Serious 8-hour ozone nonattainment areas are subject to RFP
requirements in section 182(c)(2)(B) of the CAA that require an average
of 3% per year of volatile organic compounds (VOC) and/or oxides of
nitrogen (NOX) emissions reductions for all remaining 3-year
periods after the first 6-year period out to the area's attainment date
(2008-2011 and 2011-2012). For a serious area, such as the Baltimore
Area, with an approved 15% rate of progress (ROP) plan under the 1-hour
standard, states can use reductions from VOC or NOX or a
combination of either. The Serious Area Plan contains 2011 and 2012 RFP
for the Baltimore Area, including the calculation of 2011 and 2012
target levels, 2011 and 2012 projected

inventories, and an accounting of the emission reductions from
permanent and enforceable emission control measures achieved to meet
RFP. The Serious Area Plan also includes contains contingency measures
for failure to meet the 2012 RFP milestone. Finally, the Serious Area
Plan includes 2012 MVEBs the Baltimore Area, set at 93.5 tons per day
(tpd) NOX and 40.2 tpd VOC.
    EPA reviewed the RFP plan for the Baltimore Area submitted in the
Serious Area Plan, including updates to the 2008 RFP target levels
previously SIP approved by EPA, the 2011 and 2012 RFP targets levels,
control measures used to meet RFP, and contingency measures for failure
to meet the 2012 RFP target, and found them to be approvable. In
addition, EPA determined that MDE used acceptable techniques and
methodologies to update the 2002 base year and 2008 projected
inventories, and to develop the 2011 and 2012 milestone year projected
inventories and found them approvable. Furthermore, EPA has found the
Baltimore Area's 2012 MVEBs adequate for transportation conformity
purposes and approvable. For details on EPA's analysis, see the
Technical Support Documents (TSDs) for this rulemaking action, which
are available online at http://www.regulations.gov, Docket number EPA-
R03-OAR-2015-0788.
    Other specific requirements of the Baltimore Area serious area RFP
plan, inventories, RFP contingency measures, and MVEBs, and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving the updates to the 2002 base year inventory,
updates to the 2008 RFP plan and associated 2008 projected emissions
inventory, the 2011 and 2012 RFP plan and associated projected emission
inventories, the contingency measures for failure to meet 2012 RFP, and
the 2012 MVEBs for the Baltimore Area submitted in MDE's July 22, 2013
Serious Area Plan. The other parts of the Serious Area Plan were
withdrawn by Maryland.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action: Under the CAA, the
Administrator is required to approve a SIP submission that complies
with the provisions of the CAA and applicable federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 30, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action, pertaining to the Baltimore Area serious RFP plan,
inventories, RFP contingency measures, and MVEBs, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.

    Dated: July 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding
the entries ``Serious Area Reasonable Further Progress (RFP) Plan and
2012 RFP Contingency Measures,'' ``Updates to the 2002 Base Year
Inventory for VOC, NOX and CO,'' and ``2012 Transportation
Conformity Budgets'' at the end of the table to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable        State submittal                           Additional
            revision                geographic area           date          EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Serious Area Reasonable Further   Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert                 Sec.
 Progress (RFP) Plan and 2012      hour ozone serious                       Federal Register         52.1076(cc)
 RFP Contingency Measures.         nonattainment area.                      citation].
Updates to the 2002 Base Year     Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert    Sec.   52.1075(p)
 Inventory for VOC, NOX and CO.    hour ozone serious                       Federal Register
                                   nonattainment area.                      citation].
2012 Transportation Conformity    Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert                 Sec.
 Budgets.                          hour ozone serious                       Federal Register         52.1076(dd)
                                   nonattainment area.                      citation].
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1075 is amended by adding paragraph (p) to read as
follows:

Sec.  52.1075   Base year emissions inventory.

* * * * *
    (p) EPA approves, as a revision to the Maryland State
Implementation Plan, updates to the 2002 base year emissions
inventories previously approved under paragraph (i) of this section for
the Baltimore 1997 8-hour ozone serious nonattainment area (Area)
submitted by the Secretary of the Maryland Department of the
Environment on July 22, 2013. This submittal consists of updated 2002
base year point, area, non-road mobile, and on-road mobile source
inventories in the Area for the following pollutants: Volatile organic
compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).

0
4. Section 52.1076 is amended by adding paragraphs (cc) and (dd) to
read as follows:

Sec.  52.1076 52.1076   Control strategy plans for attainment and rate-
of-progress: Ozone.

* * * * *
    (cc) EPA approves revisions to the Maryland State Implementation
Plan consisting of the serious area reasonable further progress (RFP)
plan for the Baltimore 1997 8-hour ozone serious nonattainment area,
including 2011 and 2012 RFP milestones, updates to the 2008 RFP
milestones previously approved by EPA under paragraph (q) of this
section, and contingency measures for failure to meet 2012 RFP,
submitted by the Secretary of the Maryland Department of the
Environment on July 22, 2013.
    (dd) EPA approves the following 2012 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone serious
nonattainment area, in tons per day (tpd) of volatile organic compounds
(VOC) and nitrogen oxides (NOX), submitted by the Secretary
of the Maryland Department of the Environment on July 22, 2013:

                       Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date of
    Type of control strategy SIP            Year          VOC  (tpd)       NOX  (tpd)     adequacy determination
                                                                                or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan...............            2012             40.2             93.5   March 8, 2016 (81 FR
                                                                                8711), published
                                                                                February 22, 2016.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-17781 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1742-1743]
[FR Doc No: 2019-00769]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0071]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Vaccines and Related
Biological Products Advisory Committee (VRBPAC). The general function
of the committee is to provide advice and recommendations to the Agency
on FDA's regulatory issues. At least one portion of the meeting will be
closed to the public.

DATES: The meeting will be held on March 6, 2019, from 8 a.m. to 4:30
p.m. and March 7, 2019, from 8:30 a.m. to 4:45 p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    For those unable to attend in person, the meeting will also be
webcast and will be available at the following link: https://collaboration.fda.gov/vrbpac032019/.

FOR FURTHER INFORMATION CONTACT: Serina Hunter-Thomas, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 6338, Silver Spring, MD 20993-0002,
240-402-5771<EMAIL_ADDRESS>or Monique Hill, Center
for Biologics Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 6307C, Silver Spring, MD 20993-
0002,<PHONE_NUMBER><EMAIL_ADDRESS>or the FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the

Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm
and scroll down to the appropriate advisory committee meeting link, or
call the advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On March 6, 2019, under Topic I, the Center for Biologics
Evaluation and Research's (CBER) VRBPAC will meet in open session to
discuss and make recommendations on the selection of strains to be
included in the influenza virus vaccines for the 2019 to 2020 influenza
season. Also on March 6, 2019, under Topic II, the committee will meet
in open session to hear an overview of the research programs in the
Laboratory of Immunoregulation (LIR) and the Laboratory of Retroviruses
(LR), Division of Viral Products, Office of Vaccines Research and
Review, CBER, FDA.
    On March 7, 2019, under Topic III, the committee will meet in open
session to discuss and make recommendations on the safety and
effectiveness of Dengue Tetravalent Vaccine (Live, Attenuated)
(DENGVAXIA) manufactured by Sanofi Pasteur.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: On March 6, 2019, from 8 a.m. to 3:15 p.m., and on March
7, 2019, from 8:30 a.m. to 4:45 p.m., the meeting is open to the
public. Interested persons may present data, information, or views,
orally or in writing, on issues pending before the committee. Written
submissions may be made to the contact person on or before February 27,
2019. On March 6, 2019, oral presentations from the public will be
scheduled between approximately 11:10 a.m. to 11:55 a.m. for the
influenza strain selection portion of the meeting and 3 p.m. to 3:15
p.m. for the overview portion of the LIR/LR Site Visit. On March 7,
2019, oral presentations from the public will be scheduled between
approximately 1:15 p.m. to 2:15 p.m. for the Dengue Tetravalent Vaccine
(Live, Attenuated) (DENGVAXIA) manufactured by Sanofi Pasteur portion
of the meeting. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before February 19, 2019. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by February
20, 2019.
    Closed Committee Deliberations: On March 6, 2019, from 3:15 p.m. to
4:30 p.m., the meeting will be closed to permit discussion where
disclosure would constitute a clearly unwarranted invasion of personal
privacy (5 U.S.C. 552b(c)(6)). The recommendations of the advisory
committee regarding the progress of the investigator's research will,
along with other information, be used in making personnel and staffing
decisions regarding individual scientists.
    We believe that public discussion of these recommendations on
individual scientists would constitute an unwarranted invasion of
personal privacy.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Serina Hunter-Thomas (see FOR FURTHER INFORMATION CONTACT) at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 15, 2019.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2019-00769 Filed 2-4-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: July 15, 2008 (Volume 73, Number 136)]
[Notices]
[Page 40654-40655]
[DOCID:fr15jy08-117]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Memphis Area Transit Authority

[Waiver Petition Docket Number FRA-2008-0063]

    The Memphis Area Transit Authority (MATA) seeks a permanent waiver
of compliance from sections of Title 49 of the CFR for operation of its
vintage Main Street Trolley line, which features ``limited
connections'' such as a shared corridor operation and a diamond at-
grade rail crossing of Canadian National/Illinois Central Railroad (CN/
IC) track by the streetcar. See Statement of Agency Policy Concerning
Jurisdiction Over the Safety of Railroad Passenger Operations and
Waivers Related to Shared Use of the Tracks of the General Railroad
System by Light Rail and Conventional Equipment, 65 FR 42529 (July 10,
2000). See also Joint Statement of Agency Policy Concerning Shared Use
of the Tracks of the General Railroad System by Conventional Railroads
and Light Rail Transit Systems, 65 FR 42626 (July 10, 2000).
    The Main Street Trolley line is a 7 mile long, urban transit system
serving 35 stations, and partially shares a riverfront corridor with
CN/IC. Along this shared corridor, there are 11 shared highway-rail at
grade crossings and one diamond at-grade rail crossing in which the
streetcar crosses the CN/IC north of Auction Avenue as it heads south
to GE Patterson Avenue. All shared highway rail at grade crossings have
signalized crossing protection. Also, the diamond at-grade rail
crossing is fully interlocked and signaled. All maintenance is
performed by CN/IC.
    MATA's Main Street Trolley line shares a limited connection to the
general freight system at 11 highway-rail at grade crossings and 1
diamond at-grade rail crossing, and seeks a permanent waiver of
compliance from Title 49 of the CFR, specifically: Part 210 Noise
Emissions; Part 215 Freight Car Safety Standards; Part 218 Railroad
Operating Practices; Part 219 Drug and Alcohol; Part 221 Rear End
Marking Devices; Part 223 Safety Glazing Standards; Part 228 Hours of
Service (for MATA streetcar operators and dispatchers); Part 229
Locomotive Safety Standards; Part 231 Railroad Safety Appliances; Part
238 Passenger Equipment Safety Standards; Part 239 Passenger Emergency
Preparedness; and Part 240 Engineer Certification.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0063) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200

New Jersey Avenue, SE., W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.--5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    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 comment (or signing the comment,
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).

    Issued in Washington, DC, on July 9, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-16130 Filed 7-14-08; 8:45 am]

BILLING CODE 4910-06-P