[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19730-19732]
[FR Doc No: 2015-08392]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0382]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from 19 individuals
for an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition that is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) in interstate commerce. The regulation and the
associated advisory criteria published in the Code of Federal
Regulations as the ``Instructions for Performing and Recording Physical
Examinations'' have resulted in numerous drivers being prohibited from
operating CMVs in interstate commerce based on the fact that they have
had one or more seizures and are taking anti-seizure medication, rather
than an individual analysis of their circumstances by a qualified
medical examiner. If granted, the exemptions would enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs for up to 2 years in interstate
commerce.

DATES: Comments must be received on or before May 13, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0382 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to www.regulations.gov, including any personal information included in
a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov, at any time or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: 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 www.regulations.gov, as described in the
system records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>, or via
email at<EMAIL_ADDRESS>or by letter to FMCSA, Room W64-113,
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for up to a 2-year period if it finds ``such exemption would likely
achieve a level of safety that is equivalent to or greater than the
level that would be achieved absent such exemption.'' The statutes
allow the Agency to renew exemptions

at the end of the 2-year period. The 19 individuals listed in this
notice have requested an exemption from the epilepsy prohibition in 49
CFR 391.41(b)(8), which applies to drivers who operate CMVs as defined
in 49 CFR 390.5, in interstate commerce. Section 391.41(b)(8) states
that a person is physically qualified to drive a CMV if that person has
no established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause the loss of consciousness or
any loss of ability to control a CMV.
    FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs in intrastate commerce.
The advisory criteria indicate that if an individual has had a sudden
episode of a non-epileptic seizure or loss of consciousness of unknown
cause that did not require anti-seizure medication, the decision
whether that person's condition is likely to cause the loss of
consciousness or loss of ability to control a CMV should be made on an
individual basis by the medical examiner in consultation with the
treating physician. Before certification is considered, it is suggested
that a 6-month waiting period elapse from the time of the episode.
Following the waiting period, it is suggested that the individual have
a complete neurological examination. If the results of the examination
are negative and anti-seizure medication is not required, then the
driver may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication. Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and seizure-free for 10 years,
may be qualified to operate a CMV in interstate commerce. Interstate
drivers with a history of a single unprovoked seizure may be qualified
to drive a CMV in interstate commerce if seizure-free and off anti-
seizure medication for a 5-year period or more.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission. To
submit your comment online, go to http://www.regulations.gov and in the
search box insert the docket number ``FMCSA-2014-0382'' and click the
search button. When the new screen appears, click on the blue ``Comment
Now!'' button on the right hand side of the page. On the new page,
enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0382'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Summary of Applications

Daryl Charles Anderson

    Mr. Anderson is a 61 year-old class A CDL holder in Michigan. He
has a history of a seizure disorder and has remained seizure free since
1989. He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Anderson receiving an exemption.

Cody Allen Baker

    Mr. Baker is a 24 year-old driver in Michigan. He has a history of
a seizure disorder and has remained seizure free for more than four
years. He takes anti-seizure medication with the dosage and frequency
remaining the same since December 2013. If granted the exemption, he
would like to drive a CMV. His physician states that he is supportive
of Mr. Baker receiving an exemption.

Ronald J. Bennett

    Mr. Bennett is a 58 year-old class B CDL holder in New York. He has
a history of epilepsy and has remained seizure free since 2002. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Bennett
receiving an exemption.

Don Carrol Darbyshire

    Mr. Darbyshire is a 51 year-old class B CDL holder in Iowa. He has
a history of epilepsy and has remained seizure free since 1993. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr.
Darbyshire receiving an exemption.

Monte James DeRocini

    Mr. DeRocini is a 53 year-old class A CDL holder in Pennsylvania.
He has a history of a single seizure in 2011. He takes anti-seizure
medication with the dosage and frequency remaining the same since that
time. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. DeRocini receiving an
exemption.

Martin L. Ford

    Mr. Ford is a 57 year-old class C CDL holder in Mississippi. He has
a history of seizures and has remained seizure free since 2003. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2008. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Ford receiving
an exemption.

Glen Michael Gervais

    Mr. Gervais is a 52 year-old driver in Florida. He has a history of
a seizure disorder and has remained seizure free since 2011. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted the exemption, he would like to drive
a CMV. His physician states that he is supportive of Mr. Gervais
receiving an exemption.

Roger Green

    Mr. Green is a 60 year-old class A CDL holder in Pennsylvania. He
has a history of a seizure disorder and has remained seizure free since
1971. He takes anti-seizure medication with the

dosage and frequency remaining the same since 2004. If granted the
exemption, he would like to drive a CMV. His physician states that he
is supportive of Mr. Green receiving an exemption.

Susie B. Harvey

    Ms. Harvey is a 64 year-old class B CDL holder in Virginia. She has
a history of epilepsy and has remained seizure free since 1985. She
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, she would like to
drive a CMV. Her physician states that he is supportive of Ms. Harvey
receiving an exemption.

Timothy G. Huntley

    Mr. Huntley is a 40 year-old class B CDL holder in Maine. He has a
history of a seizure disorder and has remained seizure free since 2000.
He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Huntley receiving an exemption.

Robert Isaac Keen, Jr.

    Mr. Keen is a 66 year-old driver in Virginia. He has a history of a
seizure disorder and has remained seizure free since 2012. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted the exemption, he would like to drive
a CMV. His physician states that he is supportive of Mr. Keen receiving
an exemption.

Chance Joseph O'Mary

    Mr. O'Mary is a 29 year-old class A CDL holder in Alaska. He has a
history of a seizure disorder and has remained seizure free since 2005.
He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
O'Mary receiving an exemption.

Larry Todd Lintelman

    Mr. Lintelman is a 48 year-old class A CDL holder in Alaska. He has
a history of seizures and has remained seizure free since 2012. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr.
Lintelman receiving an exemption.

Robert D. Richter, Sr.

    Mr. Richter is a 58 year-old driver in Pennsylvania. He has a
history of a seizure disorder and has remained seizure free since 1976.
He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Richter receiving an exemption.

Robert R. Rosebrough, Jr.

    Mr. Rosebrough is a 45 year-old class A CDL holder in Ohio. He has
a history of epilepsy and has remained seizure free since May 2014. He
takes anti-seizure medication with the dosage and frequency remaining
the same since November 2014. If granted the exemption, he would like
to drive a CMV. His physician states that since it has only been nine
months since his last event of loss of consciousness, Mr. Rosebrough
may drive his personal vehicle until he has been seizure free for 8
years.

Michael Scott Shumake

    Mr. Shumake is a 37 year-old driver in Virginia. He has a history
of a seizure disorder and has remained seizure free since 2000. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2001. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Shumake
receiving an exemption.

Charles Ray Taylor

    Mr. Taylor is a 49 year-old class A CDL holder in Mississippi. He
has a history of a single seizure in 2009. He takes anti-seizure
medication with the dosage and frequency remaining the same since that
time. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Taylor receiving an
exemption.

Karin Hawley Wagasy

    Ms. Wagasy is a 58 year-old driver in Tennessee. She has a history
of a seizure disorder and has remained seizure free since 1975. She
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, she would like to
drive a CMV. Her physician states that he is supportive of Ms. Wagasy
receiving an exemption.

Trever A. Williams

    Mr. Williams is a 44 year-old class A CDL holder in Minnesota. He
has a history of a single seizure in 1983 which occurred
postoperatively, after a surgical procedure to remove a foreign body
from his head. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2006. If granted the exemption, he
would like to drive a CMV. His physician states that he is supportive
of Mr. Williams receiving an exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.

    Issued on: April 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08392 Filed 4-10-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Proposed Rules]
[Pages 21193-21195]
[FR Doc No: 2015-08720]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-1123; Directorate Identifier 2014-CE-037-AD]
RIN 2120-AA64

Airworthiness Directives; GA 8 Airvan (Pty) Ltd 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 GA
8 Airvan (Pty) Ltd Model GA8-TC320 airplanes that would revise AD 2015-
06-02. 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 missing required
engine mount fire seal washers, which could reduce the engine retention
capability in the event of a fire. 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 June 1, 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 GA
8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn: Technical Services,
P.O. Box 881, Morwell Victoria 3840, Australia; telephone: + 61 03 5172
1200; fax: +61 03 5172 1201; email<EMAIL_ADDRESS>Internet:
http://www.gippsaero.com/customer-support/technical-publications.aspx.
You may view this 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-2014-
1123; 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: Doug Rudolph, 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-2014-1123;
Directorate Identifier 2014-CE-037-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 March 12, 2015, we issued AD 2015-06-02, Amendment 39-18120 (80
FR 14810; March 20, 2015). That AD required actions intended to address
an unsafe condition on GA 8 Airvan (Pty) Ltd Model GA8-TC320 airplanes
and was based on mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country.
    Since we issued AD 2015-06-02, a specific serial number range has
been identified for applicability.
    The Civil Aviation Safety Authority (CASA), which is the aviation
authority for Australia, has issued AD/GA8/8, Amdt 1, dated March 26,
2015 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    A recent review of the engine mount installation on the GA8-TC
320 aircraft has highlighted the omission of engine mount fire seal
washers during the assembly process.
    The current engine mount configuration does not meet the
certification basis for the aircraft, specifically regulation 23.865
of the Federal Aviation Regulations of the United States of America,
where engine mounts located in designated fire zones are required to
be suitably shielded so that they are capable of withstanding the
effects of a fire.
    The Gippsland Aeronautics GA8-TC 320 aircraft require the
installation of an approved steel washer at each of the engine mount
locations to address a potential risk of reduced engine retention
capability in the event of a fire.
    This AD, AD/GA8/8 Amdt 1, amends the applicability statement to
be inclusive of the affected aircraft serial number range.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-1123.

Related Service Information Under 1 CFR 51

    GippsAero has issued Mandatory Service Bulletin SB-GA8-2014-115,
Issue 1, dated October 6, 2014. The service bulletin describes
procedures for inspecting the orientation of the engine isolator mounts
to verify proper installation, re-installing if necessary, and
installing steel washers on the forward side of each side of the engine
isolator mounts. 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 13 products of U.S.
registry. We also estimate that it would take about 5 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $10 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $5,655, or $435 per product.
    According to the manufacturer, all of the costs of this proposed AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 39-18120 (80 FR
14810, March 20, 2015), and adding the following new AD:

GA 8 Airvan (Pty) Ltd: Docket No. FAA-2014-1123; Directorate
Identifier 2014-CE-037-AD.

(a) Comments Due Date

    We must receive comments by June 1, 2015.

(b) Affected ADs

    This AD revises AD 2015-06-02, Amendment 39-18120 (80 FR 14810;
March 20, 2015).

(c) Applicability

    This AD applies to GA 8 Airvan (Pty) Ltd GA8-TC320 airplanes,
all serial numbers up to and including GA8-TC 320-14-205,
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 71: Power Plant.

(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 missing required
engine mount fire seal washers, which could reduce the engine
retention capability in the event of a fire. We are issuing this
proposed AD to revise the applicable airplane serial numbers and to
detect and correct the omission of steel washers at each isolator
mount location, which, if not corrected, could result in reduced
engine retention capability in the event of a fire.

(f) Actions and Compliance

    Unless already done, comply with this AD within the compliance
times specified in paragraphs (f)(1) through (f)(3) of this AD:
    (1) Within the next 300 hours time-in-service after the
effective date of this AD or within the next 12 months after the
effective date of this AD, whichever occurs first, inspect the
orientation of the engine isolator mounts to verify that the mounts
have been installed properly following the Accomplishment
Instructions in GippsAero Mandatory Service Bulletin SB-GA8-2014-
115, Issue 1, dated October 6, 2014.
    (2) Before reinstalling the engine isolator mounts following the
inspection required in paragraph (f)(1) of this AD, before further
flight, install a part number J-2218-61 steel washer on the forward
side of each of the four engine isolator mounts, following the
Accomplishment Instructions in GippsAero Mandatory Service Bulletin
SB-GA8-2014-115, Issue 1, dated October 6, 2014.
    (3) If during the inspection required in paragraph (f)(1) of
this AD, any of the engine isolator mounts are found to not comply
with the specifications found in the Accomplishment Instructions of
GippsAero Mandatory Service Bulletin SB-GA8-2014-115, Issue 1, dated
October 6, 2014, before further flight, re-install the isolators to
the correct orientation, or if damage is found, replace with
airworthy parts.

 (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: Doug Rudolph, 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 Safety Authority (CASA) AD No. AD/
GA8/8, Amdt 1, dated March 26, 2015. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2014-1123. For service information related to this
AD, contact GA 8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn:
Technical Services, P.O. Box 881, Morwell Victoria 3840, Australia;
telephone: + 61 03 5172 1200; fax: +61 03 5172 1201; email:
<EMAIL_ADDRESS>Internet: http://www.gippsaero.com/customer-support/technical-publications.aspx. You may review this 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<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on April 8, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-08720 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18309-18310]
[DOCID:fr11ap06-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-292-000]

Pine Needle LNG Company, LLC; Notice of Proposed Changes in FERC
Gas Tariff

April 5, 2006.
    Take notice that on March 31, 2006 Pine Needle LNG Company, LLC
(Pine Needle) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, Tenth Revised Sheet No. 4 to become effective
May 1, 2006.
    Pine Needle states that it is serving copies of the instant filing
to its affected customers, interested State Commissions and other
interested parties.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public

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

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5316 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Notices]
[Pages 58816-58817]
[FR Doc No: 2017-26978]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-6312]

Patient-Focused Drug Development: Developing and Submitting
Proposed Draft Guidance Relating to Patient Experience Data; Public
Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the following public workshop entitled ``Patient-Focused Drug
Development: Developing and Submitting Proposed Draft Guidance Relating
to Patient Experience Data.'' The purpose of the public workshop is to
convene a discussion on how a person seeking to develop and submit
proposed draft guidance relating to patient experience data for
consideration by FDA may submit such proposed draft guidance to the
Agency. This workshop will inform development of patient-focused drug
development guidance as required by the 21st Century Cures Act (Cures
Act). FDA plans to publish a background document approximately 2 weeks
before the workshop date.

DATES: The public workshop will be held on March 19, 2018, from 1 p.m.
to 5 p.m. Submit either electronic or written comments on this public
workshop by May 18, 2018. See the SUPPLEMENTARY INFORMATION section for
additional registration information.

ADDRESSES: The public workshop will be held at FDA's White Oak Campus,
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993. Entrance for the public workshop
participants (non-FDA employees) is through Building 1 where routine
security check procedures will be performed. For parking and security
information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
Workshop updates, agenda, and background document will be made
available at https://www.fda.gov/Drugs/NewsEvents/ucm582081.htm prior
to the workshop.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. Electronic comments must be
submitted on or before May 18, 2018. The https://www.regulations.gov
electronic filing system will accept comments until midnight Eastern
Time at the end of May 18, 2018. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-6312 for ``Patient-Focused Drug Development: Developing and
Submitting Proposed Draft Guidance Relating to Patient Experience
Data.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Meghana Chalasani, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993-0002, 240-
402-6525, Fax:<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    This public workshop is intended to support FDA implementation of
requirements for guidance development under section 3002 of the Cures
Act (Pub. L. 114-255). Section 3002 of Title III, Subtitle A, of the
Cures Act directs

FDA to develop patient-focused drug development guidance to address a
number of areas, including how a person seeking to develop and submit a
proposed draft guidance relating to patient experience data for
consideration by FDA may submit such proposed draft guidances.
    In FDA's ``Plan for Issuance of Patient-Focused Drug Development
Guidance,'' (the Plan) available at https://www.fda.gov/downloads/ForIndustry/UserFees/PrescriptionDrugUserFee/UCM563618.pdf, the Agency
proposed issuing a guidance addressing this topic described in section
3002 during the second quarter of 2018. FDA recognizes that, like the
other patient-focused drug development guidances described in the Plan,
developing this draft guidance will also benefit from public input from
the wider community of patients, patient advocates, academic
researchers, expert practitioners, drug developers, and other
stakeholders prior to FDA's drafting of the guidance. Accordingly, the
Agency is scheduling this public workshop. After this public workshop,
FDA will take into consideration the stakeholder input from the
workshop and the public docket, and publish a draft guidance by the end
of fiscal year 2018.

II. Purpose and Scope of Meeting

    FDA is announcing a public workshop to convene a discussion on
topics related to developing and submitting proposed draft guidance
relating to patient experience data by an external stakeholder. The
purpose of this public workshop is to obtain input from stakeholders on
considerations for development and submission of proposed draft
guidance relating to patient experience data submitted by an external
stakeholder, including: (1) Defining the scope of the proposed draft
guidance, (2) developing the proposed draft guidance, and (3)
submitting the proposed draft guidance to FDA, including the process
and format. The Agency is seeking information and comments from a broad
range of stakeholders, including patients, patient advocates, academic
and medical researchers, expert practitioners, drug developers, and
other interested persons. FDA will publish a background document
outlining the topic areas that will be addressed in the draft guidance
approximately 2 weeks before the workshop date at the following
website: https://www.fda.gov/Drugs/NewsEvents/ucm582081.htm.
    After this public workshop, FDA will take into consideration the
stakeholder input from the workshop and the public docket, and publish
a draft guidance by the end of fiscal year 2018.

III. Participating in the Public Workshop

    Registration: Interested parties are encouraged to register early.
To register electronically, please visit https://pfdd-proposeddraftguidance.eventbrite.com. Persons without access to the
internet can call<PHONE_NUMBER> to register. If you are unable to attend
the public workshop in person, you can register to view a live webcast.
You will be asked to indicate in your registration if you plan to
attend in person or via the webcast. Seating will be limited, so early
registration is recommended. Registration is free and will be on a
first-come, first-served basis. However, FDA may limit the number of
participants from each organization based on space limitations.
Registrants will receive confirmation once they have been accepted.
Onsite registration on the day of the public workshop will be based on
space availability. If you need special accommodations because of a
disability, please contact Meghana Chalasani (see FOR FURTHER
INFORMATION CONTACT) at least 7 days before the public workshop.
    Open Public Comment: There will be time allotted during the public
workshop for open public comment. Sign-up for this session will be on a
first-come, first-serve basis on the day of the public workshop.
Individuals and organizations with common interests are urged to
consolidate or coordinate, and request time for a joint presentation.
No commercial or promotional material will be permitted to be presented
or distributed at the public workshop.
    Transcripts: As soon as a transcript is available of the public
workshop, FDA will post it at https://www.fda.gov/Drugs/NewsEvents/ucm582081.htm.

    Dated: December 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26978 Filed 12-13-17; 8:45 am]
BILLING CODE 4164-01-P


MEMORANDUM

SUBJECT:	PM CEMS Random Error Contribution by Emission Limit

DATE:	March 22, 2023

FROM:	Barrett Parker
		Measurement Policy Group

TO:		Docket ID No. EPA-HQ-OAR-2018-0794

Measuring source emissions through approaches such as Agency-developed test methods or instruments such as PM CEMS, is a function of the approach's detection level, or minimum amount of material that is needed to determine whether or not a pollutant can be observed.  Measurements made at detection levels have a high degree of uncertainty, on the order of 100 percent; about all that can be said is that the pollutant exists or does not exist in the sample.  Fortunately, longer sampling time durations can provide lower detection levels, so, in many cases, one can lengthen the sampling time to obtain more material.  However, other factors should be considered when longer sampling times are viewed, including additional cost, general safety concerns associated with stack testing, and increased risks related to longer sampling durations.  In order to reduce measurement level uncertainty at the detection level, the Agency increases the average detection level of the best-performing  -  that is, the lowest emitting  -  sources by a factor of three; such a value is identified as the 3xRDL value.  Measurements made at or above the 3xRDL have an uncertainty of less than twenty percent, which is consistent with the uncertainties found by the American Society of Mechanical Engineers ReMAP study for selected Agency test methods.  The Agency's practice is to establish air emission limits at or above the 3xRDL value, as determined by collected data.

Uncertainties of emissions as measured by instruments like PM CEMS also exist.  Those uncertainties are due to three types of error:  random, systematic, and measurement.  Ways to minimize these uncertainties include use of longer sampling times, of standard practices, and of more precise instrumentation.  Instrumental monitors typically include a tolerance that accounts for the sum of these errors; for PM CEMS, the tolerance is twenty-five percent of the emission limit.

PM CEMS require a site-specific correlation between PM CEMS values and reference testing results over three fractions of the emission limit (low, medium, and high levels) occurring over 15 individual test runs.  Prudent EGU owners or operators generally choose to conduct 20 runs, as up to 5 run values can be discarded, as well as choose to ensure that their PM CEMS measure accurately at one-half the emission limit.

Relying on the method detection level of 2 mg/dscm for a one-hour test run (which is equivalent to a mass per heat input value of 0.0082 lb/mmBTU); on three hour run durations, which have been selected when considering cost and personnel safety concerns; and on an operational target limit of 0.003 lb/mmBTU (one-half of the emission limit of 0.006 lb/mmBTU), one can calculate the range of the contribution of random error to the total PM CEMS tolerance to be between thirty-six and seventy-three percent; the average contribution of the random error is fifty-five percent.  While it is possible that the random error contributions of some PM CEMS will be at the lower end of the range, the average random error contribution for a 3-hour run sampling time, as shown in Table 1, exceeds those of other emission limits  -  including those in the current rule for existing and new EGUs as well as the other proposed emission limit of 0.010 lb/mmBTU; those other limits have an average random error contribution of less than forty-three percent.

                           Emission limit descriptor

                             Run sampling time, hr

                           Emission limit, lb/mmBTU

                            Emission limit, mg/dscm

                       Target compliance level, mg/dscm

                         Sampling time 3xRDL, mg/dscm

               Average measurement uncertainty of 3xRDL, mg/dscm
        Target compliance level percent uncertainty due to random error
         Average random error contribution of total tolerance, percent

                              Stack Testing Days
Existing
                                                                            0.8
                                                                          0.030
                                                                           21.9
                                                                           11.0
                                                                           7.69
                                                                            1.2
                                                                           10.5
                                                                           42.1
                                                                              3
New
                                                                            3.1
                                                                          0.009
                                                                            6.6
                                                                            3.3
                                                                           1.91
                                                                            0.3
                                                                            8.7
                                                                           34.8
                                                                             10
Proposal 1
                                                                              3
                                                                          0.010
                                                                            7.3
                                                                            3.7
                                                                           2.00
                                                                            0.3
                                                                            8.2
                                                                           32.9
                                                                             10
Proposal 2
                                                                              3
                                                                          0.006
                                                                            4.4
                                                                            2.2
                                                                           2.00
                                                                            0.3
                                                                           13.6
                                                                           54.5
                                                                             10
Example 3
                                                                            3.8
                                                                          0.006
                                                                            4.4
                                                                            2.2
                                                                           1.57
                                                                           0.24
                                                                           10.7
                                                                           42.8
                                                                             10
Example 4
                                                                              6
                                                                          0.006
                                                                            4.4
                                                                            2.2
                                                                           1.00
                                                                            0.2
                                                                            6.8
                                                                           27.3
                                                                             20
Example 5
                                                                              8
                                                                          0.003
                                                                            2.2
                                                                            1.1
                                                                           0.75
                                                                            0.1
                                                                           10.2
                                                                           40.9
                                                                             20

Table 1.  PM CEMS Random Error Contribution by Emission Limit

Example 3 in the table shows that in order to obtain an average random error contribution of less than forty-three percent while maintaining a proposed limit of 0.006 lb/mmBTU, the run sampling time would need to increase to 3 hours, 49 minutes (3.8 hours) per run, increasing total sampling time to 76.2 hours, but keeping the total stack sampling period to 10 days.  Such an increased testing run duration should have a minimal increase in cost.  As shown in Example 4 in the table, the average random error contribution for this proposed limit could be decreased to twenty-seven percent by relying on 6-hour testing run durations; however, the total sampling time would increase to 120 hours, the total stack sampling period would double to 20 days, and the correlation testing costs would increase by fifty percent over those relying on 3 hour run durations.

While no emission limit lower than 0.006 lb/mmBTU coupled with a 3-hour run duration can provide an average random error contribution of less than forty-three percent, lower emission limits coupled with longer duration runs could provide average random error contributions less than forty-three percent; as shown in Example 5, an emission limit of 0.0030 lb/mmBTU with an 8-hour run duration would provide an average random error contribution of forty-one percent but total stack sampling period would remain at 20 days, the total sampling time would increase to 160 hours, and the correlation testing costs would double over those relying on 3-hour run durations.


[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Page 6951]
[FR Doc No: 2014-02508]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

Federal Register CITATION OF PREVIOUS ANNOUNCEMENT: 79 FR 6243
(February 3, 2014).

STATUS: Closed Meeting.

PLACE: 100 F Street NE., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: Thursday, February 6,
2014.

CHANGE IN THE MEETING: Cancellation of Meeting.
    The Closed Meeting scheduled for Thursday, February 6, 2014 at 2:00
p.m. has been cancelled.
    For further information please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: January 31, 2014.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2014-02508 Filed 2-3-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64646-64647]
[FR Doc No: 2014-25778]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0134, Notice No. 14-04]

Safety Advisory: Packaging and Handling Ebola Virus Contaminated
Infectious Waste for Transportation to Disposal Sites

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

ACTION: Safety Advisory Notice.

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

SUMMARY: PHMSA is issuing this safety advisory to provide guidance on
the U.S. Department of Transportation's (DOT) Hazardous Materials
Regulations (HMR; 49 CFR, parts 171-180) to persons who prepare, offer,
and transport materials contaminated or suspected of being contaminated
with the Ebola virus.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Office of Hazardous
Materials Safety, Standards and Rulemaking Division,<PHONE_NUMBER>,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: This Safety Advisory provides guidance on
the U.S. Department of Transportation's (DOT) Hazardous Materials
Regulations (HMR; 49 CFR, parts 171-180) to persons who prepare, offer
and transport materials contaminated or suspected of being contaminated
with the Ebola virus. The HMR apply to any material that the DOT
determines is capable of posing an unreasonable risk to health, safety,
and property when transported in commerce.\1\ Material contaminated or
suspected of being contaminated with Ebola is regulated as a Category A
infectious substance under the HMR. To ensure their safe
transportation, the Ebola contaminated materials must be packaged in
conformity with the applicable requirements in the HMR for Category A
infectious substances. Ebola contaminated materials that have been
appropriately incinerated, autoclaved, or otherwise inactivated are not
considered Category A infectious substances and are not subject to the
requirements of the HMR. For more information on the HMR requirements
see http://phmsa.dot.gov/hazmat/transporting-infectious-substances. For
guidance on how to handle infectious substances before transporting
them, refer to the Centers for Disease Control and Prevention (CDC)
(see http://www.cdc.gov/vhf/ebola/hcp/index.html).
---------------------------------------------------------------------------

    \1\ The HMR applies to interstate, intrastate, and foreign
commerce.
---------------------------------------------------------------------------

    This document is intended to provide general guidance and does not
address many of the specific provisions and exceptions contained in the
HMR. It should not be used as a substitute for the HMR to determine
compliance. Strict compliance with the HMR is required, unless you have
been granted a special permit.
    Transportation of a hazardous material in a motor vehicle,
aircraft, or vessel operated by a Federal, state, or local government
employee solely for noncommercial Federal, state, or local government
purposes is not subject to the HMR. Accordingly, waste generated from
the treatment of a patient contaminated or suspected of being
contaminated with the Ebola virus transported by a Federal, state, or
local government employee to a disposal facility is not subject to the
HMR. DOT, however, recommends that Federal, state, or local governments
comply with appropriate safety requirements provided in the HMR to
ensure the safe transportation of waste contaminated or suspected of
being contaminated with the Ebola virus. We also recommend compliance
with all conditions and operational controls specified in any
applicable special permit issued for the transportation of waste
contaminated or suspected of being contaminated with the Ebola virus
and our guidance referred to below. To transport materials contaminated
or suspected of being contaminated with the Ebola virus, a special
permit may be necessary to allow for a variance of the HMR packaging
requirements to handle the larger volume of contaminated waste
generated during the treatment of Ebola patients. DOT may grant a
special permit if the applicant can demonstrate that an alternative
packaging will achieve a safety level that is at least equal to the
safety level required under HMR or is consistent with the public
interest if a required safety level does not exist. Emergency
processing of special permits applies when the special permit is
necessary to prevent significant injury to persons or property not
preventable under normal

processing, for immediate national security, or to prevent significant
economic loss. To qualify for emergency processing, the application
must meet specific criteria, justifications must be well documented,
and describe the impact if the special permit is not granted.
    PHMSA issued a non-site specific special permit (Special Permit
DOT-SP 16279) to certain waste haulers, which authorizes the
transportation in commerce of waste contaminated with or suspected of
being contaminated with the Ebola virus for disposal. Other waste
haulers not yet authorized under Special Permit DOT-SP 16279 may apply
for party status in accordance with 49 CFR 107.107. If an entity needs
a variance from the HMR, it must apply for a special permit as provided
in 49 CFR part 107 subpart B.
    The DOT's Pipeline and Hazardous Materials Safety Administration
has provided the following guidance on the transportation of these
materials:
     ``DOT Guidance for Preparing Packages of Ebola
Contaminated Waste for Transportation and Disposal'' provides guidance
to prepare packages containing waste contaminated or suspected of being
contaminated with the Ebola virus for transportation to off-site
treatment and disposal. http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/suspected_ebola_patient_packaging_guidance_final.pdf.
     ``DOT Guidance for Transporting Ebola Contaminated Items,
a Category A Infectious Substance'' provides common FAQs regarding the
HMR requirements for Category A infectious substances. http://phmsa.dot.gov/portal/site/PHMSA/menuitem.6f23687cf7b00b0f22e4c6962d9c8789/?vgnextoid=4d1800e36b978410VgnVCM100000d2c97898RCRD&vgnextchannel=d248724dd7d6c010VgnVCM10000080e8a8c0RCRD&vgnextfmt=print.
     ``Transporting Infectious Substances Safely'' brochure
that explains the HMR for transporting infectious substance is
available at: http://www.phmsa.dot.gov/pv_obj_cache/pv_obj_id_54AC1BCBF0DFBE298024C4C700569893C2582700/filename/Transporting_Infectious_Substances_brochure.pdf.
     Special Permit DOT-SP 16279 provides certain carriers with
alternative authorized packaging options for transporting waste
contaminated or suspected of being contaminated with the Ebola virus
for treatment and disposal. http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/DOT_SP_16279.pdf.

Additional Information

    [cir] All Centers for Disease Control and Prevention guidance
regarding the Ebola virus is available at: http://www.cdc.gov/vhf/ebola/hcp/index.html.
    For questions on the HMR requirements, please contact the Pipeline
and Hazardous Materials Safety Administration's (PHMSA's) Hazardous
Materials Information Center at 1-800-467-4922, 9 a.m.-5 p.m. Eastern
time.

Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2014-25778 Filed 10-29-14; 8:45 am]
BILLING CODE 4910-60-P


	UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

        Served: August 6, 2003

In the matter of the notice of substantial change in ownership filed
under 14 CFR 204.5 by

            ABX AIR, INC.

Docket OST 2003-15863

NOTICE REQUESTING COMMENTS ON PROCEDURES

On July 15, 2003, ABX Air, Inc. (“ABX”) filed a notice with the
Department under section 204.5 of our rules (14 CFR 204.5) reporting a
substantial change in its ownership and operations.  According to the
notice, the ground operations of Airborne, Inc. (“Airborne”),
ABX’s parent, would be sold to DHL Worldwide Express B.V., and merged
into a subsidiary of that company, Atlantis Licensing Corporation d/b/a
DHL Express (“DHL Express”).  ABX would be separated from Airborne,
becoming an independent public company wholly owned by Airborne’s
stockholders at the time of the separation.  ABX also reported that it
would enter into various commercial agreements with the new DHL Express,
including an Aircraft, Crew, Maintenance, and Insurance (ACMI) services
agreement, a hub and line-haul services agreement, a transition services
agreement, and a sublease for space at the Wilmington Air Park.  In
addition, DHL Holdings (USA), Inc., will make a loan to ABX and will
provide performance guarantees for DHL Express’ obligations under the
ACMI and hub and line-haul services agreements.

On July 30, the Department published in the Federal Register an Advance
Notice of Proposed Rulemaking (“ANPRM”) (see FR 44675, July 30,
2003) seeking comments, inter alia, on whether the Department’s
procedures for handling informal continuing fitness reviews should
include providing public notice of reported substantial changes in
ownership when the change involves citizenship issues that may be
“complex, contentious, and controversial.”  Comments on the ANPRM
are due by September 29, 2003.

Therefore, we have decided to request public comments on what procedures
should be employed by the Department in reviewing the impact of the
proposed substantial change in ownership and operations on the
citizenship of ABX.  So that the public may have the benefit of specific
information on the details of the proceeding, we are directing ABX to
file in this docket within 7 calendar days, a copy of the public
material that it submitted to the Department on July 15 with its notice
of substantial change.  Public comments on the procedures will be due
within 21 days thereafter.  Comments should address only the issue of
how the Department should proceed with its review, not the merits of the
case.

We will serve a copy of this order on ABX Air, Inc.

We will publish a summary of this order in the Federal Register.

Issued in Washington, DC, on August 6, 2003:

MICHAEL W. REYNOLDS

Acting Assistant Secretary for

Aviation and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov.

 The ANPRM was issued in response to recommendations contained in a
March 4, 2003, letter from the Department’s Inspector General to the
Chairman of the House Transportation and Infrastructure Committee.

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