[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Pages 45396-45399]
[FR Doc No: 2022-16151]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2022-0047]

Construction Materials Used in Federal Financial Assistance
Projects for Transportation Infrastructure in the United States Under
the Build America, Buy America Act; Request for Information

AGENCY: Department of Transportation (DOT).

ACTION: Notice; request for information.

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SUMMARY: The Build America, Buy America Act (BABA), enacted as part of
the Bipartisan Infrastructure Law (BIL) on November 15, 2021, requires
iron, steel, manufactured products, and construction materials used in
infrastructure projects funded by Federal financial assistance to be
produced in the United States. DOT is seeking input on the requirement
as applied to construction materials: how the requirement should be
interpreted and implemented, the present availability of construction
materials produced in the United States that are commonly used in
transportation infrastructure projects, and the potential impacts to
DOT-funded projects.

DATES: Written submissions must be received by August 12, 2022. DOT
will consider comments received after this date to the extent
practicable.

ADDRESSES: Please submit any written comments to Docket Number DOT-OST-
2022-0047 electronically through the Federal eRulemaking Portal at
https://regulations.gov. Go to https://regulations.gov and select
``Department of Transportation (DOT)'' from the agency menu to submit
or view public comments. Note that, except as provided below, all
submissions received, including any personal information provided, will
be posted without change and will be available to the public on https://www.regulations.gov. You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477) or at https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For questions about this RFI, please
contact Darren Timothy, Office of the Assistant Secretary for
Transportation Policy, at [email protected] or<PHONE_NUMBER>;
Jason Luebbers, Federal Transit Administration, at
[email protected] or<PHONE_NUMBER>; Lauren Gill, Maritime
Administration, at [email protected] or<PHONE_NUMBER>; John Johnson,
Federal Railroad Administration, at [email protected] or (202) 493-
0078; Patrick Smith, Federal Highway Administration, at
[email protected] or<PHONE_NUMBER>; or Carlos Fields, Federal
Aviation Administration, at [email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Construction Materials Procured Under Department of Transportation
Programs

    On November 15, 2021, President Biden signed into law the
Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure
Investment and Jobs Act, Public Law 117-58, which includes the Build
America, Buy America Act (BABA). Public Law 117-58, div. G Sec. Sec.
70901-52. BABA's requirements for the use of iron, steel, manufactured
products, and construction materials produced in the United States will
bolster America's industrial base, protect national security, and
support good-paying jobs.
    Consistent with Executive Order 14005, Ensuring the Future Is Made
in All of America by All of America's Workers (E.O. 14005), BABA
affirms the Biden-Harris Administration's priority to ``use terms and
conditions of Federal financial assistance awards to maximize the use
of goods, products, and materials produced in, and services offered in,
the United States.'' (E.O. 14005). Under BABA, all iron, steel,
manufactured products, and construction materials used in
infrastructure projects funded at least partly by Federal financial
assistance must be produced in the United States.\1\
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    \1\ Under section 70917(a) of the BIL, the BABA requirements
apply to financial assistance programs for infrastructure only to
the extent that a domestic content procurement preference does not
already apply to iron, steel, manufactured products, and
construction materials. Thus, the BABA requirement for construction
materials supplements the existing DOT Buy America requirements for
steel, iron, and manufactured products.
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    One of the new Buy America preferences included under Section 70914
of the Act is for construction materials. As of May 14, 2022, each
covered Federal agency must ensure that all manufacturing processes for
construction materials used in Federally assisted infrastructure
projects occur in the United States. None of the specific statutes that
apply particular Buy America \2\ requirements to the Federal financial
assistance programs administered by DOT's Operating Administrations
(OAs), including 49 U.S.C. 50101 (FAA); 23 U.S.C. 313 (FHWA); 49 U.S.C.
22905(a) (FRA); 49 U.S.C. 5323(j) (FTA); and 46 U.S.C. 54101(d)(2)
(MARAD), specifically cover construction materials, other than to the
extent that such materials would already be considered iron, steel, or
manufactured products.
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    \2\ In this notice, references to ``Buy America'' include
domestic preference laws called ``Buy American'' that apply to DOT
financial assistance programs.
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    Waivers are authorized under BABA where (1) applying the Buy
America requirement would be inconsistent with the public interest; (2)
where the iron, steel, manufactured product, or construction material
is not produced in the United States in sufficient and reasonably
available quantities or of a satisfactory quality; and (3) where
inclusion of the domestic products or construction materials will
increase the cost of the overall project by more than 25 percent. BIL
Sec.  70914(b). On May 19, 2022, DOT issued a temporary waiver of the
construction materials requirement for 180 days, from May 14 until
November 10, 2022. 87 FR 31931. Federal awards that DOT makes on or
after November 10 will be subject to the

requirement that construction materials used in the project are
produced in the United States.
    In the waiver notice, DOT stated that ``public interest waivers
should be used sparingly'' and that stakeholders must rapidly adopt
procedures during the waiver period to ensure compliance with the new
requirement after expiration of the waiver. During the waiver period,
DOT continues its engagement to help facilitate the creation of robust
enforcement and compliance mechanisms and to rapidly encourage domestic
sourcing of construction materials for transportation infrastructure
improvements.

Interim Standards for Construction Materials

    Under BABA, construction materials are ``produced in the United
States'' if ``all manufacturing processes'' for the materials occurred
in the United States. BIL Sec.  70912. BABA directs the U.S. Office of
Management and Budget's Made in America Office (MIAO) to issue
standards that define the term ``all manufacturing processes'' as it
applies to construction materials produced in the United States. On
April 18, 2022, OMB issued memorandum M-22-11, ``Initial Implementation
Guidance on Application of Buy America Preference in Federal Financial
Assistance Programs for Infrastructure'' (OMB Initial Implementation
Guidance). Section VIII of the OMB Initial Implementation Guidance
states: ``Pending MIAO's issuance of final standards on construction
materials . . . agencies should consider `all manufacturing processes'
for construction materials to mean the final manufacturing process and
the immediately preceding manufacturing stage for the construction
material.'' OMB Initial Implementation Guidance at 14.
    The OMB Initial Implementation Guidance also contains a preliminary
list of construction materials that includes:
    [A]n article, material, or supply--other than an item of primarily
iron or steel; a manufactured product; cement and cementitious
materials; aggregates such as stone, sand, or gravel; or aggregate
binding agents or additives --that is or consists primarily of:
     non-ferrous metals;
     plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables);
     glass (including optic glass);
     lumber; or
     drywall.
    OMB Initial Implementation Guidance at 13-14. On April 21, 2022,
OMB also issued a request for information to gather public input on its
development of standards for construction materials. 87 FR 23888. The
OMB RFI states that it ``seeks input on whether to refine this list,
and requests input on specific materials or products or categories of
materials or products that should be added, removed, or clarified, as
well as advice on how to distinguish construction materials from
manufactured products.''
    The OMB Initial Implementation Guidance additionally indicates
that:
    [I]tems that consist of two or more of the listed materials that
have been combined together through a manufacturing process, and items
that include at least one of the listed materials combined with a
material that is not listed through a manufacturing process, should be
treated as manufactured products, rather than as construction
materials. For example, a plastic framed sliding window should be
treated as a manufactured product while plate glass should be treated
as a construction material.
    OMB Initial Implementation Guidance at 14. The OMB Initial
Implementation Guidance also states that an article, material, or
supply should be classified into only one of the following categories:
(1) iron or steel; (2) a manufactured product; or (3) a construction
material; an article, material, or supply should not be considered to
fall into multiple categories. Id. at 6.

Request for Information

    In the May 19 final waiver notice, DOT stated that it ``continues
to encourage suppliers and other stakeholders to inform DOT of any
procedures that may be developed or be in place to certify the
compliance of construction materials with the domestic preference
requirement in the Act. That information helps DOT rapidly encourage
domestic sourcing and potentially shorten the effective period or
narrow the applicability of the transitional waiver. The Department
also encourages supplier and other stakeholders to identify categories
of construction materials that currently have sufficient domestic
availability to support DOT-assisted infrastructure projects, to assist
contractors and project sponsors in incorporating compliant products in
their projects and to help the Department focus its activities to
benefit domestic manufacturers.''
    To assist in gathering this information, DOT seeks input from the
public, including DOT's project sponsors, their contractors and
offerors, manufacturers, labor unions, transportation and trade
associations, and other interested parties on implementing the new
construction materials requirement. DOT seeks information in several
categories related to identifying and categorizing articles as
construction materials for transportation infrastructure projects;
establishing procedures for certifying the origin of construction
materials; and determining which construction materials commonly used
in transportation infrastructure projects are or are not produced in
the United States in sufficient quantity and quality.
    This RFI is intended to assist DOT in implementing and ensuring
compliance with OMB standards. Responses to this RFI will further the
goals and objectives of BABA and E.O. 14005 by providing information to
assist the Department in implementing the construction materials
requirement for transportation infrastructure projects to maximize the
use of construction materials produced in the United States while
ensuring the efficient and effective delivery of projects. The type of
feedback that would be especially useful includes information on the
impact of the construction materials requirement on DOT-funded
projects, as well as input and recommendations on an effective
compliance certification process for construction materials.
    Commenters should identify any administrative burdens, program
requirements, or unnecessary complexity as they relate to the BABA
construction materials requirement that may impose unjustified barriers
to transportation project delivery under DOT-funded assistance programs
in general, or that may have adverse effects on equity for all,
including individuals who belong to underserved communities that have
been denied equitable treatment, such as Black, Latino, and Indigenous
and Native American persons, Asian Americans and Pacific Islanders and
other persons of color; members of religious minorities; lesbian, gay,
bisexual, transgender, and queer (LGBTQ+) persons; persons with
disabilities, including learning disabilities; persons who live in
rural areas; and persons otherwise adversely affected by persistent
poverty or inequality.
    Commenters should provide, with as much detail as possible, an
explanation why their recommendations advance the statutory objectives
of BABA for DOT-funded projects and the policies stated in section 2 of
E.O. 14005. Additionally, where applicable, please provide citations
and sources that

support your recommendations. All information submitted will assist DOT
in determining the extent to which additional guidance or other actions
are necessary to implement the construction materials requirement.
However, stakeholders should not expect that DOT will extend the
existing temporary waiver beyond November 10, 2022.
    If commenters identify benefits, costs, burdens, or shortcomings of
particular options for implementing the BABA construction materials
requirement, commenters should provide data and evidence to support
these conclusions.

Specific Questions

    DOT is providing the following questions to prompt feedback. DOT
encourages public comment on any or all of these questions, and also
seeks any other information commenters believe is relevant. Except
where noted, the questions below are intended to apply to all financial
assistance programs for transportation infrastructure are administered
by DOT's OAs. However, the Department also welcomes feedback that may
be tied to specific programs and agency requirements.
    (1) In addition to those construction materials identified by OMB,
are there specific materials, products, or categories of materials or
products that are commonly used in DOT-funded projects that should be
included as ``construction materials'' for the purpose of BABA
implementation?
    (2) Are there materials used in DOT-funded projects that do not
clearly fit in any one of the three categories: steel and iron;
manufactured products; or construction materials? How should DOT assign
them to one of these statutory categories?
    (3) Are there items that DOT agencies currently treat as
manufactured products that should instead, under the OMB Initial
Implementation Guidance, be treated as construction materials?
    (4) Based on the definition of ``all manufacturing processes'' in
the OMB Initial Implementation Guidance, what do you consider ``the
final manufacturing process'' and the ``immediately preceding
manufacturing stage'' for common goods used in DOT-funded projects in
each category of construction material listed in the OMB Initial
Implementation Guidance or any other category you identify in response
to Question 1 above?

i. Non-ferrous metals
ii. Plastic and Polymer based Products
iii. Glass
iv. Lumber
v. Drywall
vi. Other (please specify)

    (5) Are the final manufacturing process and the immediately
preceding manufacturing stage different for different types of products
made from similar materials (e.g., Polyvinyl Chloride (PVC) or High-
Density Polyethylene (HDPE) pipe vs. PVC or HDPE lumber)?
    (6) Certain DOT OAs have long provided definitions of
``manufacturing processes'' in their implementing regulations for Buy
America requirements. For example, FTA's regulation at 49 CFR 661.3,
which it applies to manufactured products, states: ``[T]he application
of processes to alter the form or function of materials or of elements
of the product in a manner adding value and transforming those
materials or elements so that they represent a new end product
functionally different from that which would result from mere assembly
of the elements or materials.'' FHWA's regulation for steel and iron
materials at 23 CFR 635.410(b)(1) applies to all ``manufacturing
processes, including application of a coating, for these materials must
occur in the United States. Coating includes all processes which
protect or enhance the value of the material to which the coating is
applied.'' Should the same (or a similar) definition of a manufacturing
process apply to the final manufacturing process and the immediately
preceding manufacturing stage for construction materials commonly used
in DOT-funded projects? If not, why not, and is there another standard
for manufacturing processes that might be more appropriate to apply to
construction materials?
    (7) Are there some items in OMB's list of construction materials
that typically are used in DOT-funded projects only after they have
been combined into a manufactured product? For example, is glass
regularly used by itself as a construction material, or does it usually
arrive at a project already incorporated with other materials as a
manufactured product?
    (8) FTA already has an established procedure for bidders or
offerors to certify the origin of steel and iron and manufactured
products in its implementing regulation at 49 CFR 661.6. Should FTA
require the same procedure to assure the origin of construction
materials for FTA-funded projects? If not, what should FTA do
differently?
    (9) Under FHWA-funded programs, State DOTs are responsible for Buy
America compliance, per 23 CFR 635.410(d). Bidders are required to
comply with the project specifications, including Federal-aid projects
with Buy America requirements. Most State DOTs require certifications/
Step-certifications from bidders/contractors/suppliers to ensure
compliance. Should FHWA continue to follow this process for certifying
construction materials? If not, what should FHWA do differently?
    (10) A commenter on DOT's proposed temporary Buy America waiver for
construction materials stated that ``the ability to certify materials
will grow over time, so there should be a good faith certification
process that can be refined over time.'' What would such a ``good faith
certification process'' that can be implemented in the near term (i.e.,
prior to the expiration of the temporary waiver on November 10, 2022)
look like? What steps would be required to refine those processes over
time?
    (11) Is the standard in the OMB Initial Implementation Guidance
sufficiently clear to enable a bidder or offeror for a DOT-funded
project to certify the construction materials to be used in the project
are produced in the United States? If not, what further clarification
is needed?
    (12) Are there construction materials commonly used in DOT-funded
projects for which suppliers or manufacturers cannot readily determine
or trace the country of origin of the final manufacturing process and
the immediately preceding manufacturing stage? Are there records or
documentation already in use that could serve as evidence of the origin
of these to manufacturing processes (e.g., country of origin
documentation, mill markings, quality control tracking)?
    (13) Are there any construction materials commonly used in DOT-
funded projects that are known not to be produced in the United States
based on OMB's final manufacturing process and the immediately
preceding manufacturing stage standard, or are known not to be produced
in sufficient quantity or of satisfactory quality? What is the basis
for that knowledge?
    (14) Which construction materials commonly used in DOT-funded
projects currently are produced in the United States in sufficient and
reasonably available amount and of satisfactory quality? Please feel
free to provide any additional information on how production of these
construction materials in the United States supports the regional or
local economy or workforce.
    (15) Are there construction materials commonly used in DOT-funded
projects that are produced in the United States but subject to supply
constraints? Please be specific regarding lead times or delays that
will be experienced on DOT-

funded projects as a result of a specific construction material supply
constraint. Is the constraint on domestic supply a recent phenomenon
(i.e., beginning in 2020 or later), or is it a longstanding market
condition?
    (16) Are there construction materials commonly used in DOT-funded
projects that previously were not produced in the United States but are
currently produced in the United States or are in the process of
``onshoring'' as a result of recent statutory, regulatory, or market
changes?

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this RFI contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this RFI, it is important that you
clearly designate the submitted comments as CBI. You may ask DOT to
give confidential treatment to information you give to the Department
by taking the following steps: (1) Mark each page of the original
document submission containing CBI as ``Confidential''; (2) send DOT,
along with the original document, a second copy of the original
document with the CBI deleted; and (3) explain why the information you
are submitting is CBI. Unless you are notified otherwise, DOT will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this RFI. Submissions
containing CBI should be sent to Darren Timothy, Office of the
Assistant Secretary for Transportation Policy, 1200 New Jersey Avenue
SE, OST P-20, Washington, DC 20590. Any comment submissions that the
DOT receives that are not specifically designated as CBI will be placed
in the public docket for this matter.

    Issued in Washington, DC, on July 22, 2022.
Polly E. Trottenberg,
Deputy Secretary.
[FR Doc. 2022-16151 Filed 7-27-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21074-21077]
[FR Doc No: 2013-08204]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0296; Directorate Identifier 2012-NM-102-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. The existing AD currently
requires revising the airworthiness limitations section of the
Instructions for Continued Airworthiness of the maintenance
requirements manual (MRM) by incorporating procedures for repetitive
functional tests of the pilot input lever of the pitch feel simulator
(PFS) units and new repetitive functional tests of the pilot input
lever of the PFS unit, and corrective actions if necessary; and, after
initiating the new tests, removing of the existing procedures for the
repetitive functional tests from the MRM. The existing AD was prompted
by a report that the shear pin located in the input lever of two PFS
units failed due to fatigue. Since we issued that AD, a new re-designed
PFS unit has been developed, which eliminates the need for repetitive
inspections. This proposed AD would require replacing certain PFS units
with the new redesigned PFS unit. This proposed AD would also remove
certain airplanes from the applicability and add certain airplanes to
the applicability. We are proposing this AD to prevent undetected
failure of the shear pins of both PFS units simultaneously, which could
result in loss of pitch feel forces and consequent reduced control of
the airplane.

DATES: We must receive comments on this proposed AD by May 24, 2013.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

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-2013-0296;
Directorate Identifier 2012-NM-102-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 based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On March 31, 2008, we issued AD 2008-08-09, Amendment 39-15461 (73
FR 19979, April 14, 2008). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2008-08-09, Amendment 39-15461 (73 FR 19979,
April 14, 2008), Transport Canada Civil Aviation (TCCA), which is the
aviation authority for Canada, has issued Canadian Airworthiness
Directive CF-2005-41R1, dated May 10, 2012 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

The shear pin in the input lever of several Pitch Feel Simulators
(PFS) units has failed due to fatigue. The shear pin failure is not
always detectable by the flight crew in normal operation. Failure of
the shear pins in both PFS units on an aeroplane could result in
loss of pitch feel forces and reduced controllability of the
aeroplane.
Recently, Transport Canada has certified the new design of the PFS
unit--part number (P/N) 601R92300-7 as a terminating action.

Revision 1 of this [TCCA] AD mandates the retrofit of all in-service
CL-600-2B19 aeroplanes with the redesigned PFS unit.

Required actions include replacing the PFS units having part number (P/
N) 601R92300-3 or 601R92300-5 with PFS units having P/N 601R92300-7,
which would terminate the actions required by AD 2008-08-09, Amendment
39-15461 (73 FR 19979, April 14, 2008). This proposed AD also adds
airplanes having serial numbers (S/Ns) 7991 through 7999 inclusive, and
removes airplanes having S/Ns 8112 and subsequent. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Alert Service Bulletin A601R-27-144,
Revision E, dated October 2, 2012, including Appendix A, Revision A,
dated December 20, 2006; and Service Bulletin 601R-27-139, Revision A,
dated May 28, 2012. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 574 products of U.S. registry.
    The actions that are required by AD 2008-08-09, Amendment 39-15461
(73 FR 19979, April 14, 2008), and retained in this proposed AD take
about 2 work-hours per product, at an average labor rate of $85 per
work hour. Required parts cost about $0 per product. Based on these
figures, the estimated cost of the currently required actions is $170
per product.
    We estimate that it would take about 8 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $2,500
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $1,825,320, or $3,180 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

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 airworthiness directive (AD)
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008), and
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0296; Directorate Identifier
2012-NM-102-AD.

(a) Comments Due Date

    We must receive comments by May 24, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-08-09, Amendment 39-15461 (73 FR
19979, April 14, 2008).

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers (S/Ns) 7003 through 8111 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Reason

    This AD was prompted by a report that the shear pin located in
the input lever of two pitch feel simulator (PFS) units failed due
to fatigue. We are issuing this AD to prevent undetected failure of
the shear pins of both PFS units simultaneously, which could result
in loss of pitch feel forces and consequent reduced control of the
airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Revision of Airworthiness Limitations (AWL) Section of
Maintenance Requirements Manual

    This paragraph restates the requirements of paragraph (f) of AD
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008). For
airplanes having S/Ns 7003 through 7990 inclusive: Within 14 days
after February 13, 2004 (the effective date of AD 2004-02-07,
Amendment 39-13442 (69 FR 4234, January 29, 2004), which was
superseded by AD 2006-05-11 R1, Amendment 39-14528 (71 FR 15323,
March 28, 2006)), revise the AWL section of the Instructions for
Continued Airworthiness of the maintenance requirements manual by
incorporating the

functional check of the PFS pilot input lever, Task R27-31-A024-01,
as specified in Bombardier Temporary Revision (TR) 2B-1784, dated
October 24, 2003, to the CL-600-2B19 Canadair Regional Jet
Maintenance Requirements Manual, Part 2, Appendix B, ``Airworthiness
Limitations,'' into the AWL section.

(h) Retained Functional Test of Input Lever With Revised Service
Information

    This paragraph restates the requirements of paragraph (g) of AD
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008), with
revised service information. For airplanes having S/Ns 7003 through
7990 inclusive, and S/Ns 8000 through 8111 inclusive: Before the
accumulation of 4,000 total flight hours, or within 100 flight hours
after March 27, 2006 (the effective date of AD 2006-05-11 R1,
Amendment 39-14528 (71 FR 15323, March 28, 2006), whichever occurs
later, do a functional test of the pilot input lever of the PFS
units to determine if the lever is disconnected, in accordance with
the Accomplishment Instructions of a service bulletin specified in
paragraph (h)(1), (h)(2), or (h)(3) of this AD. Repeat the test at
intervals not to exceed 100 flight hours. Accomplishing the initial
functional test terminates the requirements of paragraph (g) of this
AD and the repetitive functional check of the PFS pilot input lever,
Task R27-31-A024-01, as specified in the AWL section of the
Instructions for Continued Airworthiness of CL-600-2B19 Canadair
Regional Jet Maintenance Requirements Manual. As of the effective
date of this AD, only Bombardier Alert Service Bulletin A601R-27-
144, Revision E, dated October 2, 2012, including Appendix A,
Revision A, dated December 20, 2006, may be used to accomplish the
actions required by this paragraph.
    (1) Bombardier Alert Service Bulletin A601R-27-144, Revision A,
dated February 14, 2006, including Appendix A, dated September 15,
2005.
    (2) Bombardier Alert Service Bulletin A601R-27-144, Revision B,
dated December 20, 2006, including Appendix A, Revision A, dated
December 20, 2006.
    (3) Bombardier Alert Service Bulletin A601R-27-144, Revision E,
dated October 2, 2012, including Appendix A, Revision A, dated
December 20, 2006.

(i) Retained Replacement With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008), with
revised service information. If any lever is found to be
disconnected during any functional test required by paragraph (h) of
this AD, before further flight, replace the defective PFS unit with
a serviceable PFS unit, in accordance with the Accomplishment
Instructions of a service bulletin specified in paragraph (i)(1),
(i)(2), or (i)(3) of this AD. As of the effective date of this AD,
only Bombardier Alert Service Bulletin A601R-27-144, Revision E,
dated October 2, 2012, including Appendix A, Revision A, dated
December 20, 2006, may be used to accomplish the actions required by
this paragraph.
    (1) Bombardier Alert Service Bulletin A601R-27-144, Revision A,
dated February 14, 2006, including Appendix A, dated September 15,
2005.
    (2) Bombardier Alert Service Bulletin A601R-27-144, Revision B,
dated December 20, 2006, including Appendix A, Revision A, dated
December 20, 2006.
    (3) Bombardier Alert Service Bulletin A601R-27-144, Revision E,
dated October 2, 2012, including Appendix A, Revision A, dated
December 20, 2006.

(j) New Functional Test of Input Lever

    For airplanes having S/Ns 7991 through 7999 inclusive: At the
later of the times specified in paragraphs (j)(1) and (j)(2) of this
AD, do a functional test of the pilot input lever of the PFS units
to determine if the lever is disconnected, in accordance with the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A601R-27-144, Revision E, dated October 2, 2012, including Appendix
A, Revision A, dated December 20, 2006. Repeat the test thereafter
at intervals not to exceed 100 flight hours. Accomplishing the
initial functional test specified in this paragraph terminates the
requirements of paragraph (g) of this AD and the repetitive
functional check of the PFS pilot input lever, Task R27-31-A024-01,
as specified in the AWL section of the Instructions for Continued
Airworthiness of CL-600-2B19 Canadair Regional Jet Maintenance
Requirements Manual.
    (1) Before the accumulation of 4,000 total flight hours.
    (2) Within 100 flight hours from the effective date of this AD.

(k) New Replacement of Defective Pitch Feel Simulator Unit

    For airplanes having S/Ns 7991 through 7999 inclusive: If any
disconnected lever is found to be detected during any functional
test required by paragraph (j) of this AD, before further flight,
replace the defective PFS unit with a serviceable PFS unit, in
accordance with the Accomplishment Instructions of Bombardier Alert
Service Bulletin A601R-27-144, Revision E, dated October 2, 2012,
including Appendix A, Revision A, dated December 20, 2006.

(l) New Replacement of Pitch Feel Simulator Units

    At the applicable time specified in paragraph (l)(1), (l)(2),
(l)(3), or (l)(4) of this AD: Replace PFS units having part number
(P/N) 601R92300-3 or 601R92300-5, with PFS units having P/N
601R92300-7, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 601R-27-139, Revision A, dated May 28,
2012. Accomplishment of the replacement required by this paragraph
terminates the requirements of paragraphs (g), (h), (i), (j), and
(k) of this AD, and does not alter the approved maintenance program
for the new redesigned PFS unit P/N 601R92300-7.
    (1) For PFS units having P/N 601R92300-3 or 601R92300-5 that
have accumulated less than 18,000 total flight hours as of the
effective date of this AD: Within 6,000 flight hours after the
effective date of this AD, but not to exceed 23,000 total flight
hours on the PFS unit, or within 36 months after the effective date
of this AD, whichever occurs first.
    (2) For PFS units having P/N 601R92300-3 or 601R92300-5 that
have accumulated more than or equal to 18,000 total flight hours but
less than 19,000 total flight hours as of the effective date of this
AD: Within 5,000 flight hours after the effective date of this AD,
but not to exceed 23,000 total flight hours on the PFS unit, or
within 30 months after the effective date of this AD, whichever
occurs first.
    (3) For PFS units having P/N 601R92300-3 or 601R92300-5 that
have accumulated more than or equal to 19,000 total flight hours but
less than 20,000 total flight hours as of the effective date of this
AD: Within 4,000 flight hours after the effective date of this AD,
but not to exceed 23,000 total flight hours on the PFS unit, or
within 24 months after the effective date of this AD, whichever
occurs first.
    (4) For PFS units having P/N 601R92300-3 or 601R92300-5 that
have accumulated more than or equal to 20,000 total flight hours as
of the effective date of this AD: Within 3,000 flight hours or 18
months, after the effective date of this AD, whichever occurs first.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using a service bulletin
identified in paragraph (m)(1)(i) or (m)(1)(ii) of this AD.
    (i) Bombardier Alert Service Bulletin A601R-27-144, Revision C,
dated July 21, 2008, including Appendix A, dated December 20, 2006,
which is not incorporated by reference in this AD.
    (ii) Bombardier Alert Service Bulletin A601R-27-144, Revision D,
dated December 22, 2011, including Appendix A, dated December 20,
2006, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for replacement of the PFS
units required by paragraph (l) of this AD, if those actions were
performed before the effective date of this AD using Bombardier
Service Bulletin 601R-27-139, dated December 22, 2011, which is not
incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before
March 27, 2006 (the effective date of AD 2006-05-11 R1, Amendment
39-14528 (71 FR 15323, March 28, 2006)), using Bombardier Alert
Service Bulletin A601R-27-144, Revision B, dated December 20, 2006,
including Appendix A, Revision A, dated December 20, 2006.
    (4) This paragraph provides credit for actions required by
paragraph (i) of this AD, if those actions were performed before May
19, 2008 (the effective date of AD 2008-08-09, Amendment 39-15461
(73 FR 19979, April 14, 2008)), using Bombardier Alert Service
Bulletin A601R-27-144, Revision B, dated December 20, 2006,
including Appendix A, Revision A, dated December 20, 2006.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. Send information to ATTN:
Program Manager, Continuing Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
516-228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD. AMOCs approved previously in
accordance with AD 2008-08-09, Amendment 39-15461 (73 FR 19979,
April 14, 2008), are approved as AMOCs for the corresponding
provisions of paragraphs (g), (h), and (i) of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2005-41R1, dated May 10,
2012, and the service bulletins specified in paragraphs (o)(1)(i)
through (o)(1)(v) of this AD, for related information.
    (i) Bombardier Alert Service Bulletin A601R-27-144, Revision A,
dated February 14, 2006, including Appendix A, dated September 15,
2005.
    (ii) Bombardier Alert Service Bulletin A601R-27-144, Revision B,
dated December 20, 2006, including Appendix A, Revision A, dated
December 20, 2006.
    (iii) Bombardier Alert Service Bulletin A601R-27-144, Revision
E, dated October 2, 2012, including Appendix A, Revision A, dated
December 20, 2006.
    (iv) Bombardier Service Bulletin 601R-27-139, Revision A, dated
May 28, 2012.
    (v) Bombardier Temporary Revision (TR) 2B-1784, dated October
24, 2003, to the CL-600-2B19 Canadair Regional Jet Maintenance
Requirements Manual, Part 2, Appendix B, ``Airworthiness
Limitations.''
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08204 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P


alkanedioic acid, alkanedioic acid. alkanediol, .alpha.-hydro-.omega.-
hydroxypoly[oxy(alkyl-alkanediyl)], hydroxyalkyl 2-alkyl-2-alkenoate,
aromatic diisocyanate, alkyl 2-alkyl-2-alkenoate and 2-alkyl-2-alkenoic
acid (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
aromatic dicarboxylic acid polymer with alkanediol, alkyl alkyl-2-
alkenoate,1,4-dialkyl aromatic dicarboxylate, alkanedioic acid,
alkanedioic acid. alkanediol, .alpha.-hydro-.omega.-
hydroxypoly[oxy(alkyl-alkanediyl)], hydroxyalkyl 2-alkyl-2-alkenoate,
aromatic diisocyanate, alkyl 2-alkyl-2-alkenoate and 2-alkyl-2-alkenoic
acid (PMN P-13-617) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(ii), (a)(6)(v), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible. The following National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of at least 10 meet the requirements of Sec.
721.63(a)(4):
    (A) NIOSH-certified power air- purifying respirator with a hood or
helmet and with appropriate gas/vapor (acid gas, organic vapor, or
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o) and (y)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
22. Add Sec.  721.10743 to subpart E to read as follows:

Sec.  721.10743  Alkanedioic acid, polymer with alkyl 2-alkyl-2-
alkenoate, alkanedioic acid, alkanediol, .alpha.-hydro-.omega.-
hydroxypoly[oxy(alkyl-1 2-alkanediyl)], hydroxyalkyl 2-alkyl-2-
alkenoate, aromatic diisocyanate, alkyl 2-alkyl-2-alkenoate and 2-
alkyl-2-alkenoic acid (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkanedioic acid, polymer with alkyl 2-alkyl-2-alkenoate, alkanedioic
acid, alkanediol, .alpha.-hydro-.omega.-hydroxypoly[oxy(alkyl-1 2-
alkanediyl)], hydroxyalkyl 2-alkyl-2-alkenoate, aromatic diisocyanate,
alkyl 2-alkyl-2-alkenoate and 2-alkyl-2-alkenoic acid (PMN P-13-618) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(ii), (a)(6)(v), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible. The following National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of at least 10 meet the requirements of Sec.
721.63(a)(4):
    (A) NIOSH-certified power air- purifying respirator with a hood or
helmet and with appropriate gas/vapor (acid gas, organic vapor, or
substance

specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o) and (y)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
23. Add Sec.  721.10744 to subpart E to read as follows:

Sec.  721.10744  Alkanedioic acid, polymer with alkyl alkyl-alkenoate,
alkanedioic acid, alkanediol, .alpha.-hydro-.omega.-
hydroxypoly[oxy(alkyl-1,2-alkanediyl)], aromatic diisocyanate, alkyl
alkyl-alkeneoate and alkyl-alkenoic acid (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkanedioic acid, polymer with alkyl alkyl-alkenoate, alkanedioic acid,
alkanediol, .alpha.-hydro-.omega.-hydroxypoly[oxy(alkyl-1,2-
alkanediyl)], aromatic diisocyanate, alkyl alkyl-alkeneoate and alkyl-
alkenoic acid (PMN P-13-619) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(ii), (a)(6)(v), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible. The following National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of at least 10 meet the requirements of Sec.
721.63(a)(4):
    (A) NIOSH-certified power air- purifying respirator with a hood or
helmet and with appropriate gas/vapor (acid gas, organic vapor, or
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o) and (y)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  721.10745 to subpart E to read as follows:

Sec.  721.10745  Alkoxylated quaternary alkyl ammonium
fluoroalkylsulfonimide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkoxylated quaternary alkyl ammonium fluoroalkylsulfonimide (PMN P-13-
722) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=9).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
25. Add Sec.  721.10746 to subpart E to read as follows:

Sec.  721.10746  Isocyanate terminated urethane polymer (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
isocyanate terminated urethane polymer (PMN P-13-753) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (a)(6)(ii), (a)(6)(v), and (c). When determining which
persons are reasonably likely to be exposed as required for Sec.
721.63(a)(4), engineering control measures (e.g., enclosure or
confinement of the operation, general and local ventilation) or
administrative control measures (e.g., workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible. The following National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of at least 10 meet the requirements of Sec.
721.63(a)(4):
    (A) NIOSH-certified power air- purifying respirator with a hood or
helmet and with appropriate gas/vapor (acid gas, organic vapor, or
substance specific) cartridges in combination with HEPA filters.
    (B) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet.
    (C) NIOSH-certified negative pressure (demand) supplied-air
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
26. Add Sec.  721.10747 to subpart E to read as follows:

Sec.  721.10747  4-Pyrimidianamine, 2,5 dimethoxy-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 4-pyrimidianamine,
2,5 dimethoxy- (PMN P-13-773; CAS No. 6960-17-4) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), (b)
(concentration set at 0.1 percent) and (c). When determining which
persons are

reasonably likely to be exposed as required for Sec.  721.63(a)(1) and
(a)(4), engineering control measures (e.g., enclosure or confinement of
the operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. The following
National Institute for Occupational Safety and Health (NIOSH)-certified
respirators with an assigned protection factor (APF) of at least 10
meet the requirements of Sec.  721.63(a)(4):
    (A) NIOSH-certified power air-purifying respirator with a hood or
helmet and with appropriate gas/vapor (acid gas, organic vapor, or
substance specific) cartridges in combination with HEPA filters;
    (B) NIOSH-certified continuous flow supplied-air respirator
equipped with a loose fitting facepiece, hood, or helmet;
    (C) NIOSH-certified negative pressure (demand) supplied-air
respirator with a full facepiece.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use is any use other
than as an herbicide intermediate.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (e) and (i) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
27. Add Sec.  721.10748 to subpart E to read as follows:

Sec.  721.10748  Dicarbomonocycle-substituted
carbomonocycledicarboxamide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
dicarbomonocycle-substituted carbomonocycledicarboxamide (PMNs P-13-
796, P-13-797, and P-13-798) are subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=4 for P-13-796 and P-13-797; and
N=14 for P-13-798).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance,
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this significant new use rule.

0
28. Add Sec.  721.10749 to subpart E to read as follows:

Sec.  721.10749  Dicarboheterocycle-substituted
carbomonocycledicarboxamide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
dicarboheterocycle-substituted carbomonocycledicarboxamide (PMN P-13-
799) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance,
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this significant new use rule.

0
29. Add Sec.  721.10750 to subpart E to read as follows:

Sec.  721.10750  Tricarbomonocycle-substituted
carbomonocycletricarboxamide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
tricarbomonocycle-substituted carbomonocycletricarboxamide (PMN P-13-
800) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=2).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance,
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this significant new use rule.

0
30. Add Sec.  721.10751 to subpart E to read as follows:

Sec.  721.10751  Cycloalkylamino oleyl alkylamide acid salts (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
cycloalkylamino oleyl alkylamide acid salts (PMNs P-13-810, P-13-811,
P-13-812, P-13-813, P-13-814, and P-13-815) are subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1, for the aggregate of the PMN
substances P-13-810, P-13-811, P-13-812, P-13-813, P-13-814, and P-13-
815).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
31. Add Sec.  721.10752 to subpart E to read as follows:

Sec.  721.10752  Cycloalkylamino cocoalkyl alkylamide acid salts
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
cycloalkylamino cocoalkyl alkylamide acid salts (PMNs P-13-816, P-13-
817, P-13-818, P-13-819, P-13-820, and P-13-821) are subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1, for the aggregate of the PMN
substances P-13-816, P-13-817, P-13-818, P-13-819, P-13-820, and P-13-
821).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.

    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
32. Add Sec.  721.10753 to subpart E to read as follows:

Sec.  721.10753  Methanamine, N,N-dimethyl-, reaction products with
alkylamine-epichlorohydrin polymer, chlorides (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
methanamine, N,N-dimethyl-, reaction products with alkylamine-
epichlorohydrin polymer, chlorides (PMN P-13-839) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N=1).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
0
33. Add Sec.  721.10754 to subpart E to read as follows:

Sec.  721.10754  Mixture of alkylated benzene, brominated (generic) and
alkylated benzene, dibrominated (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as mixture
of alkylated benzene, brominated and alkylated benzene, dibrominated
(PMN P-13-882) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use is any use other
than as feed for a bromine recovery unit.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
34. Add Sec.  721.10764 to subpart E to read as follows:

Sec.  721.10764  Substituted perfluoroether (generic)

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
substituted perfluoroether (PMN P-14-42) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use of this substance
is: (1) Use of the substance for any application other than the
confidential use identified in the Premanufacture Notice (PMN) or (2)
Manufacture of the PMN substance where the mean number of moles of each
perfluoro propylene oxide (``PPO'') unit is less than 5.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.180 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.

[FR Doc. 2014-15774 Filed 7-8-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 10, 2008 (Volume 73, Number 47)]
[Notices]
[Page 12796]
[DOCID:fr10mr08-119]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-RSPA-2004-19856]

Pipeline Safety: Dangers of Abnormal Snow and Ice Build-Up on Gas
Distribution Systems

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

ACTION: Notice; Issuance of Advisory Bulletin.

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

SUMMARY: Recent events on natural gas distribution system facilities
appear to be related to either the stress of snow and ice or
malfunction of pressure control equipment due to ice blockage of
pressure control equipment vents by ice. This advisory bulletin advises
owners and operators of gas pipelines of the need to take steps to
prevent damage to pipeline facilities from accumulated snow or ice.

FOR FURTHER INFORMATION CONTACT: Alan Mayberry at<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The accumulation of snow and ice increases the potential for damage
to meters and regulators and other pipeline facilities. Several
accidents occurring during the winter of 2007/2008 on natural gas
distribution system facilities appear to be related to either the
stress of snow and ice or malfunction of pressure control equipment due
to ice blockage of pressure control equipment vents. Exposed piping at
metering and pressure regulating stations, at service regulators, and
at propane tanks, are at greatest risk. Damage may result from the
stresses imposed by the additional loading of the snow or ice. Damage
to facilities may also result from the impact of snow or ice falling
from roofs, or ice forming in or on regulators preventing their proper
operation, or shoveling snow from roofs to protect dwellings from
abnormal snow accumulation.

II. Advisory Bulletin (ADB-08-03)

    To: Owners and Operators of Petroleum Gas and Natural Gas
Facilities in Areas Subject to Heavy Snowfall or Abnormally Icy
Weather.
    Subject: Dangers of Abnormal Snow and Ice Build-up on Gas
Distribution Systems.
    Purpose: To inform owners and operators of the need (1) to monitor
the potential impact of excessive snow and ice on these facilities; and
(2) to inform the public about possible hazards from snow and ice
accumulation on regulators and other pipeline facilities.
    Advisory: PHMSA is advising operators of gas pipeline facilities,
regardless of whether those facilities are regulated by PHMSA or state
agencies, to consider the following steps to address the safety risks
from accumulated snow and ice on pipeline facilities:
    1. Notify customers and other entities of the need for caution
associated with excessive accumulation and removal of snow and ice.
Notice should include the need to clear snow and ice from exhaust and
combustion air vents for gas appliances to prevent accumulation of
carbon monoxide in buildings or operational problems for the combustion
equipment.
    2. Pay attention to snow and ice related situations that may cause
operational problems for pressure control and other equipment.
    3. Monitor the accumulation of moisture in equipment and snow or
ice blocking regulator or relief valve vents which could prevent
regulators and relief valves from functioning properly.
    4. The piping on service regulator sets is susceptible to damage
that could result in failure if caution is not exercised in cleaning
snow from around the equipment. Where possible, use a broom, instead of
a shovel to clear snow off regulators, meters, associated piping,
propane tanks, tubing, gauges or other propane system appurtenances.
    5. Remind the public to contact the gas company or designated
emergency response officials if there is an odor of gas present or if
gas appliances are not functioning properly. Also remind the public
that, if there is a gas or propane odor, occupants should leave the
residence immediately and contact their gas company, propane operator
or designated emergency response officials.

    Authority: 49 U.S.C. chapter 601; 49 CFR 1.53.

    Issued in Washington, DC on March 5, 2008.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 08-999 Filed 3-6-08; 2:18 pm]

BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2027-2031]
[FR Doc No: 2020-00143]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-1008]
RIN 1625-AA08

Special Local Regulations; Sector Upper Mississippi River Annual
and Recurring Marine Events Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending and updating the listing of annual
and recurring marine events that take place within the Eighth Coast
Guard District

in the Sector Upper Mississippi River area of responsibility, as well
as making technical corrections.

DATES: This rule is effective February 13, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1008 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Commander Christian Barger,
Waterways Management Division, Sector Upper Mississippi River, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    In fall 2018, the Captain of the Port Sector Upper Mississippi
River (COTP) conducted an annual review of the annual and recurring
marine events that occur within the Sector Upper Mississippi River
Captain of the Port Zone, to include Table 2 of 33 CFR 100.801 titled
Sector Upper Mississippi River Annual and Recurring Marine Events.
During this process, the Coast Guard identified changes that were
needed to ensure the public is accurately informed of the events and
that the table is easy to read. Additionally, during the review the
Coast Guard found that technical corrections were needed to the text of
33 CFR 100.801 to ensure inclusivity for all tables of marine events
within the section. On July 3, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Special Local Regulations; Sector
Upper Mississippi River Annual and Recurring Marine Events Update (84
FR 31810). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this annual update. During
the comment period that ended August 2, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is amending this rule under the authority in 46
U.S.C. 70041. The Captain of the Port Sector Upper Mississippi River
(COTP) determined an amendment to the regulations contained in 33 CFR
100.801 is necessary to accurately reflect annual and recurring marine
events taking place in the Eighth Coast Guard District. This rule
ensures that the public is informed of annual and recurring events
taking place within the Sector Upper Mississippi River Captain of the
Port Zone, that the table of annual and recurring events is easy to
read, and minimizes the administrative burden to both the Coast Guard
and recurring marine event sponsors.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on
July 3, 2019. Although not identified in the NPRM, we are adding the
Evansville, IL, Drag Boat Race into this final rule because the sponsor
said the 2018 and 2019 races were successful and it will be taking
place again on an annual basis.
    This rule amends the regulations contained in 33 CFR 100.801 to
accurately reflect annual and recurring marine events taking place in
the Eighth Coast Guard District. Previously, the text of 33 CFR 100.801
only referred to Table 1, however, the section contains Tables 1
through 7. This rule amends 33 CFR 100.801 to replace six references to
``Table 1'' with the words ``Tables 1 through 7.'' Additionally, it
updates 33 CFR 100.801 Table 2 titled Sector Upper Mississippi River
Annual and Recurring Marine Events to accurately reflect marine events
occurring on a regular basis in the Sector Upper Mississippi River
Captain of the Port Zone. The rule removes events that no longer occur
or do not meet the criteria of a marine event, and adds new events that
do meet the criteria of a marine event. In addition, it amends Table 2
by updating the details of one marine event, and by rearranging the
Table to display events first by the body of water on which they take
place (alphabetically), second by the date(s) on which those events
occur, and third by a mile marker (descending). The changes are as
follows.
    This rule removes the following nine marine events from Table 2 of
33 CFR 100.801:

----------------------------------------------------------------------------------------------------------------
                                                                Upper Mississippi River
                 Date                       Event/sponsor               location              Regulated area
----------------------------------------------------------------------------------------------------------------
1. 1 day--Third Saturday in May......  Clear Lake Chapter of    Quad Cities, IL........  Upper Mississippi River
                                        the ACBS/That was                                 mile marker 454.0 to
                                        then, This is Now Boat                            456.0 (Iowa).
                                        Show & Exhibition.
2. 1 day--Third Saturday in March....  Lake West Chamber of     Lake of the Ozarks, MO.  Lake of the Ozarks mile
                                        Commerce/St. Patrick's                            marker 5.0 to 10.0
                                        Water Parade.                                     (Missouri).
4. 2 days--Third weekend in July.....  Champboat Series LLC/    Minneapolis, MN........  Upper Mississippi River
                                        Aquatennial Power Boat                            mile marker 854.8 to
                                        Grand Prix.                                       855.8 (Minnesota).
5. 2 days--Third weekend in June.....  Lake City Chamber of     Lake City, MN..........  Upper Mississippi River
                                        Commerce/Water Ski                                mile marker 772.4 to
                                        Days.                                             772.8 (Minnesota).
6. 2 days--First week of August......  River City Days          Red Wing, MN...........  Upper Mississippi River
                                        Association/River City                            mile marker 791.4 to
                                        Days.                                             791.8 (Minnesota).
7. 2 days--Second weekend of           St. Louis Drag Boat      New Athens, IL.........  Kaskaskia River mile
 September.                             Association/New Athens                            marker 28.0 to 29.0
                                        Drag Boat Race.                                   (Illinois).
8. 2 days--Third weekend in July.....  Havana Chamber of        Havana, IL.............  Illinois River mile
                                        Commerce/Havana Boat                              marker 120.3 to 119.7
                                        Races.                                            (Illinois).
9. 5 days--first two weeks of July...  K.C. Aviation Expo &     Kansas City, MO........  Missouri River mile
                                        Air Show/K.C. Aviation                            marker 366.3 to 369.8
                                        Expo & Air Show.                                  (Missouri).
10. 3 days a week from May 4th-        Twin City River Rats     Twin Cities, MN........  Upper Mississippi River
 September 30th.                        Organization/Twin City                            mile marker 855.4 to
                                        River Rats.                                       855.8 (Minnesota).
----------------------------------------------------------------------------------------------------------------

    Events 1, 4, 5, 6, 7, and 8 above have not had a marine event
permit application submitted in past consecutive years and the Coast
Guard believes the events no longer occur. Events 2, 9, and 10, are
expected to continue, however, in their current format they no longer
meet the criteria of a marine event and, correspondingly, the Coast
Guard is changing how the events are regulated.
    This rule adds six marine events to Table 2 of 33 CFR 100.801 and
reorganizes the table as follows:

----------------------------------------------------------------------------------------------------------------
              Date                      Event              City, State                  Regulated area
----------------------------------------------------------------------------------------------------------------
Kaskaskia River:
    1. 2 days--Second or Third   Evansville, IL      Evansville, IL.........  Mile markers 11.0-10.0.
     Weekend of July.             Drag Boat Races.
Lake of the Ozarks:
    2. 2 days--The weekend       Lake of the Ozarks  Sunrise Beach, MO......  Mile markers 34.5-32.5.
     before Labor Day weekend.    Shootout.
    4. 1 day--First Saturday of  Lake Race.........  Lake Ozark, MO.........  Mile markers 4.0-0.0.
     June.
Upper Mississippi River:
    5. 4 days--Either the first  Riverfest.........  La Crosse, WI..........  Mile markers 698.5-697.5.
     or second week of July.
    6. 2 days--Second weekend    Great River Tug...  LeClaire, IA/Port        Mile markers 497.6-497.2.
     of August.                                       Byron, IL.
    7. 1 day--Third weekend of   Floatzilla........  Bettendorf, IA/          Mile markers 491.0-479.0.
     August.                                          Davenport, IA/East
                                                      Moline, IL/Rock
                                                      Island, IL.
----------------------------------------------------------------------------------------------------------------

    This rule will update the details of a marine event in Table 2 of
33 CFR 100.801 and reorganize the table as follows:

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

----------------------------------------------------------------------------------------------------------------
    3. 1 day--Third Saturday of  Aquapalooza.......  Osage Beach, MO........  Mile markers 19.3-18.7.
     July.
----------------------------------------------------------------------------------------------------------------

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location,
size, and duration of the Special Local Regulations that will be in
place during the listed marine events. These regulated areas are
limited in size and duration, and positioned away from high vessel
traffic areas. Additionally, this rule only modifies the existing
tables of marine events by removing nine events that no longer take
place or do not meet the criteria of a marine event, adding six events
that have been occurring on a regular basis, updating the details of
one marine event, and modifying the marine event tables for easier
reading.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism

principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the amendment of existing marine event
tables found in 33 CFR 100.801 to accurately reflect recurring marine
events taking place within the Eighth Coast Guard District. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Amend Sec.  100.801 by revising the introductory text, paragraphs
(f), (i), and (j), and Table 2 to Sec.  100.801 to read as follows:

Sec.  100.801   Annual Events in the Eighth Coast Guard District.

    The regulations in this section apply to the marine events listed
in Tables 1 through 7 of this section. These regulations will be
effective annually, for the duration of each event listed in Tables 1
through 7. Annual notice of the exact dates and times of the effective
period of the regulation with respect to each event, the geographical
area, and details concerning the nature of the event and the number of
participants and type(s) of vessels involved will also be published in
local notices to mariners. Sponsors of events listed in Tables 1
through 7 of this section must submit an application each year in
accordance with Sec.  100.15.
* * * * *
    (f) Any spectator vessel may anchor outside the regulated area
specified in Tables 1 through 7 of this section, but may not anchor in,
block, or loiter in a navigable channel.
* * * * *
    (i) In Tables 1 through 7 to this section, where a regulated area
is described by reference to miles of a river, channel or lake, the
regulated area includes all waters between the indicated miles as
defined by lines drawn perpendicular to shore passing through the
indicated points.
* * * * *
    (j) In Tables 1 through 7 to this section, where alternative dates
are described (``third or fourth Saturday''), the exact date and times
will be advertised by the Coast Guard through Local Notices to Mariners
and Broadcast Notices to Mariners.
* * * * *

          Table 2 of Sec.   100.801--Sector Upper Mississippi River Annual And Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
              Date                      Event              City, State                  Regulated area
----------------------------------------------------------------------------------------------------------------
Kaskaskia River:
    1. 2 days--Second or Third   Evansville, IL      Evansville, IL.........  Mile markers 11.0-10.0.
     Weekend of July.             Drag Boat Races.
Lake of the Ozarks:
    2. 2 days--The weekend       Lake of the Ozarks  Sunrise Beach, MO......  Mile markers 34.5-32.5.
     before Labor Day weekend.    Shootout.
    3. 1 day--Third Saturday of  Aquapalooza.......  Osage Beach, MO........  Mile markers 19.3-18.7.
     July.
    4. 1 day--First Saturday of  Lake Race.........  Lake Ozark, MO.........  Mile markers 4.0-0.0.
     June.
Upper Mississippi River:
    5. 4 days--Either the first  Riverfest.........  La Crosse, WI..........  Mile markers 698.5-697.5.
     or second week of July.
    6. 2 days--Second weekend    Great River Tug...  LeClaire, IA/Port        Mile markers 497.6-497.2.
     of August.                                       Byron, IL.
    7. 1 day--Third weekend of   Floatzilla........  Bettendorf, IA/          Mile markers 491.0-479.0.
     August.                                          Davenport, IA/East
                                                      Moline, IL/Rock
                                                      Island, IL.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: January 3, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-00143 Filed 1-13-20; 8:45 am]
 BILLING CODE 9110-04-P