UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MICHIGAN 48105-2498

OFFICE OF

AIR AND RADIATION

MEMORANDUM

SUBJECT:	Heavy-Duty Hybrid Onboard Diagnostics

FROM:		Amy Kopin

TO:		The Docket

DATE:		July 19, 2011

	On May 17th, 2011 we held a conference call with Allison to discuss
concerns raised by Allison regarding heavy-duty onboard diagnostic (OBD)
requirements and timing. Concerns were raised during the comment period
for the heavy-duty greenhouse gas notice of proposed rulemaking that
heavy-duty hybrid applications may not be able to meet the 2013
heavy-duty OBD regulations that were published in the 2009 OBD Final
Rulemaking.,  Specifically, they have requested a delay of the
application of HD OBD requirements for hybrid applications until 2020.
Attendees from the EPA and Allison are shown in the table below.  The
agenda is on the following page of this memo.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MICHIGAN 48105-2498

OFFICE OF

AIR AND RADIATION

EPA-Allison Heavy-Duty Hybrid OBD Discussion

3-4pm EST  	Tuesday, May 17, 2011

Agenda

What is your current OBD J1939 capability for handling faults?

If you don’t have any, how long do you estimate it will take to make
your current controller’s software J1939 capable?

Comprehensive Components:

What is your understanding of what you need to do for comprehensive
components?

Why do you think your current diagnostics won’t meet comprehensive
components?

Given that the hybrid system is only covered under comprehensive
components, how long will it take for your company to make your current
diagnostics J1939 compatible for fault storage and reporting?

Do you have the ability to determine an open, shorted to voltage,
shorted to ground, an irrational sensor, and a nonfunctioning output
component for your hybrid electronical components?

Are there specific requirements or regulations that you anticipate
having problems with and can you identify them?

EPA Heavy-Duty OBD Rulemaking and Alternative Fuels Timing

Next Steps

 U.S. EPA, NHTSA, and DOT, “Greenhouse Gas Emission Standards and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles,”
republished December 29, 2010.  Available here:
http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-29/html/2010-32726.htm

 U.S. EPA, “Control of Air Pollution from New Motor Vehicles and New
Motor Vehicles Engines; Final Rule Regulations Requiring Onboard
Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway
Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic
Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000
Pounds,” published February 24, 2009.  Available here:
http://www.epa.gov/otaq/regs/im/obd/regtech/hd-obd-frm-02-24-09-notice-7
4-fr-8310.pdf


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39795-39797]
[FR Doc No: 2017-17701]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0623]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Voluntary Cosmetic
Registration Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995 (PRA).

DATES: Fax written comments on the collection of information by
September 21, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0027.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Voluntary Cosmetic Registration Program--21 CFR Parts 710 and 720

OMB Control Number 0910-0027--Extension

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act) provides us
with the authority to regulate cosmetic products in the United States.
Cosmetic products that are adulterated under section 601 of the FD&C
Act (21 U.S.C. 361) or misbranded under section 602 of the FD&C Act (21
U.S.C. 362) may not be distributed in interstate commerce. We have
developed the Voluntary Cosmetic Registration Program (VCRP) to assist
us in carrying out our responsibility to regulate cosmetics.
    FDA is revising forms for the VCRP (Forms FDA 2511, 2512, 2512a,
and 2514) currently approved under OMB control number 0910-0027,
``Voluntary Cosmetic Registration Program,'' for the following reasons:
(1) Modernizing the forms; (2) Making it easier for filers who complete
the forms; and (3) reducing the time it will take FDA to review each
submission. In addition, Form FDA 2514 will be eliminated as it
duplicates information that is currently located on Form FDA 2512. FDA
requests PRA approval for the proposed changes to these forms, and for
the elimination of Form FDA 2514.
    Participation in the VCRP is voluntary under provisions found in
sections parts 710 and 720 (21 CFR parts 710 and 720). Participants
have the option of submitting information via paper forms or via the
online interface. The term ``form'' refers to both the paper form and
the online system.
    Currently, in part 710, we request that establishments that
manufacture or package cosmetic products voluntarily register with us
using Form FDA 2511 entitled ``Registration of Cosmetic Product
Establishment.'' The online version of Form FDA 2511 is available on
our VCRP Web site at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm. We strongly encourage online registration with Form FDA
2511 because it is faster and more efficient for the filer and the
Agency. A registering facility will receive confirmation of online
registration, including a registration number by email. The online
system also allows for amendments to past submissions.
    Because registration of cosmetic product establishments is not
mandatory, voluntary registration provides FDA with the best
information available about the locations, business trade names, and
types of activity (manufacturing or packaging) of cosmetic product
establishments. We place the registration information in a computer
database and use the information to generate lists for distributing
regulatory information and for inviting firms to participate in
workshops on topics in which they may be interested. Registration is
permanent, although we request that respondents submit an amended Form
FDA 2511 if any of the originally submitted information changes.
    FDA's proposed changes to the forms through the use of an
electronic submission system have been designed to make it easier for
participants to provide information to FDA about their products. The
system also assists participants, through interactive question and
response scenarios, to identify submissions that will be ineligible to
be accepted in VCRP because they do not meet parts 710 and 720
requirements. The electronic submission system is expected to reduce
burden currently associated with the manual identification process for
filers and FDA. The rejection rate for ineligible submissions when
using the current forms is high: 51 percent for new accounts, 43
percent for Form FDA 2511 registrations, and 7 percent for Form FDA
2512 filings (2010-2016).
    The revised forms include the addition of links between Forms FDA
2511 and 2512, clarification of what information should be entered onto
the forms, additional self-identifying fields, removal of certain
duplicative fields, and the deletion of Form FDA 2514. These changes
are needed because both VCRP voluntary filer participation and FDA
resources required to administer VCRP have increased significantly
since 2014 (i.e., increases in new accounts (156 percent), Form FDA
2511 registrations (405 percent), Form FDA 2512 filings (67 percent),
and FDA review hours (59 percent) in 2016.)
    FDA's current process confirms that each submission meets the
requirements established in parts 710 and 720 by using a manual process
for both filers and FDA reviewers that may result in a long waiting
period where filers must wait and respond to questions generated by
FDA, which may result in a high rejection rate. FDA projects a
significant reduction in rejection rates when using the revised forms.
Examples of possible burden savings for participants and FDA include:
    (1) Form FDA 2511 asks filers if they are a manufacturer or packer;
however, in the past, distributors and retailers have checked these
boxes in error when neither applies to them because there are no
distributor or retailer checkboxes on Form FDA 2511. Retailers have
also filed Form FDA 2512 in error even though only manufacturers,
packers,

and distributors are permitted to do so. To correct these issues, FDA
revised Form FDA 2511 by updating the field that allows filers to
indicate the ``TYPE OF ESTABLISHMENT: MANUFACTURER/PACKER/OTHER
(Distributor or Retailer)'' and updating the field on Form FDA 2512
allowing the filer to indicate ``WHO IS FILING THIS STATEMENT:
MANUFACTURER/PACKER/DISTRIBUTOR/OTHER (Retailer).''
    (2) FDA revised Form FDA 2511 and added questions asking, ``Are you
the owner or operator of this facility?'' and ``Is the address on this
form the location of a cosmetic manufacturing and/or packing
facility?''
    (3) FDA also revised Form FDA 2512 and added questions asking, ``Is
this product currently commercially distributed (annual sales exceed
$1,000) in the United States?'', ``PRODUCT WEBSITE'', and ``Attach
images of the front and back product labels to this form'' to ensure
that only cosmetics in commercial distribution in the United States are
filed in the VCRP.
    (4) FDA linked Forms FDA 2511 and 2512 to reduce burden to filers
who create multiple copies of Form FDA 2512 that share the same
establishment addresses.
    (5) FDA clarified the information that should be included on the
forms by attaching simplified instructions and a link to VCRP online on
Forms FDA 2511, 2512, and 2512a and adding titles and locations of
various fields throughout Forms FDA 2511, 2512, and 2512a. We also
added self-identifying information such as phone number, email, and
alternative authorized individual fields to Forms FDA 2511 and 2512 to
facilitate communication with the filers.
    (6) We also removed fields that have no modern use or request
redundant information in multiple locations.
    (7) We removed Form FDA 2514 in its entirety due to redundancy. (As
noted, filers may notify FDA that they are discontinuing a cosmetic
product formulation on Form FDA 2512).
    FDA's online filing system is available on FDA's VCRP Web site at
https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm. The
online filing system contains the online versions of Forms FDA 2511,
2512, and 2512a.
    We place cosmetic product filing information in a computer database
and use the information when FDA receives inquiries about cosmetics
marketed in the United States. Because filing of cosmetic product
formulations is not mandatory, voluntary filings with FDA provide us
with the best information available about cosmetic products,
ingredients, frequency of use, businesses engaged in the manufacture
and distribution of cosmetics, and approximate rates of product
discontinuance and formula modifications. The information assists our
scientists in evaluating reports of adverse events submitted via
MedWatch and Field Operators (FACTS). We also use the information in
identifying future research projects, to evaluate the levels and safety
of certain ingredients in cosmetics.
    Links to explanations of the revisions to Forms FDA 2511, 2512, and
2512a and instructions are available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm and entitled ``Voluntary Cosmetic
Registration Program.''
    In the Federal Register of May 31, 2017 (82 FR 24977), we published
a 60-day notice requesting public comment on the proposed extension of
this collection of information. Two comments were received. One comment
appeared to be a submission under 21 CFR 10.35 and 10.40(b)(3) and
therefore is not addressed here. The second comment offered suggestions
that FDA might consider regarding the content and format of reporting
elements, but made no suggestion for FDA to revise its burden estimate.
Accordingly, while the Agency is currently reviewing these suggestions
to determine whether our current IT system may be upgraded to the
benefit of respondents, we retain the burden estimate from our 60-day
notice.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                    Number of     responses      Total                                           Total
        21 CFR Section or part                  Form No.           respondents       per         annual       Average burden per response        hours
                                                                                respondent    responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 710 (registrations).............  FDA 2511 \2\..............          934             1          934  0.20 (12 minutes)................         187
720.1 through 720.4 (new submissions)  FDA 2512 \3\..............        7,108             1        7,108  0.33 (20 minutes)................       2,346
720.6 (amendments)...................  FDA 2512..................        4,049             1        4,049  0.17 (10 minutes)................         688
720.6 (notices of discontinuance)....  FDA 2512..................           95             1           95  0.10 (6 minutes).................          10
720.8 (requests for confidentiality).  ..........................            1             1            1  2................................           2
                                                                               -------------------------------------------------------------------------
    Total............................  ..........................  ...........  ............  ...........  .................................       3,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The term ``Form FDA 2511'' refers to both the paper Form FDA 2511 and online Form FDA 2511 in the online system known as the VCRP, which is
  available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm.
\3\ The term ``Form FDA 2512'' refers to the paper Forms FDA 2512, and 2512a and online Form FDA 2512 in the online system known as the VCRP, which is
  available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm.

    We base our estimate of the total annual responses on paper and
online submissions received during calendar year 2016. We base our
estimate of the hours per response upon information from cosmetic
industry personnel and FDA experience entering data submitted on paper
Forms FDA 2511, 2512, and 2512a into the online system.
    We estimate that, annually, 934 establishments that manufacture or
package cosmetic products will each submit 1 registration on Form FDA
2511, for a total of 934 annual responses. Each submission is estimated
to take 0.20 hour per response for a total of 186.8 hours, rounded to
187. The number of Form FDA 2511 submissions has increased 405 percent
compared to 2014 and we have no indication that this submission rate
will stop increasing. We estimate that, annually, firms that
manufacture, pack, or distribute cosmetics will file 7,108 ingredient
statements for new or amended submissions on Forms FDA 2512 and FDA
2512a. Each submission is estimated to take 0.33 hour per response for
a total of 2345.64 hours, rounded to 2,346. We estimate the number of
Form FDA 2512 submissions to increase 67 percent compared to 2014 and
we have no indication that this submission rate will stop increasing.
We estimate that, annually, firms that manufacture, pack, or distribute

cosmetics will file 4,049 amendments to product formulations on Forms
FDA 2512 and FDA 2512a. Each submission is estimated to take 0.17 hour
per response for a total of 688.33 hours, rounded to 688. We estimate
that, annually, firms that manufacture, pack, or distribute cosmetics
will file 95 notices of discontinuance on Form FDA 2512. Each
submission is estimated to take 0.10 hour per response for a total of
9.5 hours, rounded to 10. We estimate that, annually, one firm will
file one request for confidentiality. Each such request is estimated to
take 2 hours to prepare for a total of 2 hours. Thus, the total
estimated hour burden for this information collection is 3,233 hours.

    Dated: August 17, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-17701 Filed 8-21-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27331-27333]
[FR Doc No: 2019-12321]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-4042]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Establishing and
Maintaining Lists of United States Manufacturers/Processors With
Interest in Exporting Center for Food Safety and Applied Nutrition-
Regulated Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July
12, 2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs,

OMB, Attn: FDA Desk Officer, Fax:<PHONE_NUMBER>, or emailed to
<EMAIL_ADDRESS>All comments should be identified with the
OMB control number 0910-0509. Also include the FDA docket number found
in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Establishing and Maintaining Lists of U.S. Manufacturers/Processors
With Interest in Exporting CFSAN-Regulated Products

OMB Control Number 0910-0509--Revision

    The United States exports a large volume and variety of foods in
international trade. For certain food products, foreign governments may
require assurances from the responsible authority of the country of
origin of an imported food that the processor of the food is in
compliance with applicable country of origin regulatory requirements.
Some foreign governments establish additional requirements with which
exporters are required to comply and ask for additional assurances from
the responsible authority. When requested, FDA may provide this
information in the form of lists which are provided to the foreign
governments.
    For products subject to importing country listing requirements, FDA
has historically maintained certain export lists of manufacturers/
processors that: (1) Have expressed interest in exporting their
products to these countries; (2) are subject to FDA's jurisdiction; and
(3) are not the subject of a pending enforcement action (e.g., an
injunction or seizure) or pending administrative action (e.g., a
warning letter).
    FDA has generally published guidance documents for these lists
under the authority of section 701(h) of the Federal, Food, Drug, and
Cosmetic Act (21 U.S.C. 371(h)), which authorizes the Secretary of
Health and Human Services (the Secretary) to develop guidance documents
with public participation presenting the views of the Secretary on
matters under the jurisdiction of FDA.
    The guidance documents generally explain what information
manufacturers/processors should submit to FDA to be considered for
inclusion on the lists and what criteria FDA intends to use to
determine eligibility for placement on the lists. The guidance
documents also explain how FDA intends to update the lists and
communicate any new information to the governments that request the
lists. Finally, the guidance documents note that the information is
provided voluntarily by manufacturers/processors with the understanding
that it may be posted on FDA's external website and that it will be
communicated to, and possibly further disseminated by, the government
that requested the list; thus, FDA considers the information on the
lists to be information that is not protected from disclosure under 5
U.S.C. 552(b)(4).
    Application for inclusion on each list is voluntary. However, some
foreign governments may require inclusion on the list for acceptance of
imported products. FDA recommends that U.S. manufacturers/processors
that want to be placed on the export lists send FDA the following
information: (1) Country to which the food manufacturer/processor wants
to export product; (2) type of food product facility; (3) the Food
Facility Registration number (the information collected by this module
is approved under OMB control number 0910-0502), FDA Establishment
Identifier number or Dun & Bradstreet number for the facility; (4) name
and address of the firm and the manufacturing plant; (5) name,
telephone number, and email address of the contact person; (6)
information on the products intended for export; (7) identities of
agencies that inspected the plant; (8) date of last inspection, plant
number, and copy of last inspection notice; and (9) if other than an
FDA inspection, copy of last inspection report. We request that this
information be updated every 2 years.
    In addition to the information above, some countries may require
additional information such as documentation that the firm has been
certified by a third-party certification body that it meets the
requirements of the importing country. Other information may need to be
submitted to be included on the lists depending on the requirements of
the importing country. We plan to provide exporters with information
about any such additional information required by a foreign country as
a condition for entry and collect the other information to accommodate
the importing countries' requirements.
    We use the information submitted by firms to determine their
eligibility for placement on the export lists, which may be published
on our website. The purpose of the lists is to help CFSAN (Center for
Food Safety and Applied Nutrition)-regulated industries meet the import
requirements of foreign governments.
    FDA currently maintains export lists for the European Community and
China covered under OMB control numbers 0910-0320 and 0910-0839,
respectively. These export lists also serve to assist firms to meet the
import requirements of foreign governments. OMB control numbers 0910-
0509, 0910-0320, and 0910-0839 are similar in that they allow FDA to
collect information from firms for the purpose of establishing export
lists for foreign governments that require these lists before allowing
the subject goods to be imported. Thus, with this notice, FDA proposes
to consolidate these collections of information for government
efficiency and to allow the public to look to one OMB control number
for all collections of information for CFSAN export lists. This
collection of information is intended to cover all CFSAN existing
export lists, as well as any additional export lists required by
foreign countries.
    In 2016, FDA launched the Dairy Listing Module, an electronic
registry system (Form FDA 3972) to facilitate applications for
inclusion on the dairy export lists. FDA has expanded this system to
accommodate applications for inclusion on export lists for CFSAN-
regulated products, affording all firms the efficiencies of submitting
information electronically. The expanded system is called the Export
Listing Module (ELM). The ELM has data fields that allow firms to input
the information identified above that FDA recommends providing. In
addition, the ELM contains data fields such as ``Additional
Information'' and ``Additional Documents'' that allow firms to submit
any additional data or information (such as third-party certifications)
that foreign governments may require. Screenshots of the ELM are
available at https://www.fda.gov/food/food-export-lists/online-applications-export-lists. If a firm is unable to submit an application
via the ELM, it may contact CFSAN and request assistance.
    In the Federal Register of November 13, 2018 (83 FR 56350), we
published a 60-day notice requesting public comment on the proposed
collection of information. We received a number of comments. One letter
cited a related public meeting docket (FDA-2016-D-4484) and included
comments regarding

topics covered in the subject guidance document. The comments did not
address the information collection elements solicited in our notice;
however, we will consider the comments consistent with our good
guidance practice regulations at 21 CFR 10.115.
    Another comment covered multiple topics suggesting that FDA clarify
more specifically the utility of the information being collected, and
that some of the information collection may be duplicative. The comment
also appears to question both FDA's role in and authority for the
information collection, however, this comment goes beyond the scope of
the topics solicited in our 60-day notice, and is therefore not
discussed in this notice.
    Another comment suggested that the burden estimate associated with
new requests to be placed on the list was too low. We appreciate
feedback regarding user experience with reporting information. Although
we believe that the new module will ultimately reduce the time
necessary for completing the application process, we have raised the
estimate to 1 hour in deference to the comment.
    Finally, other comments expressed encouragement for finding
continued ways to improve the program, and we look forward to receiving
continued feedback.
    We estimate the burden of the information collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
New requests to be placed on the           1,460               1           1,460         \2\ 0.5             730
 lists..........................
Third-party certification.......             370               1             370              21           7,770
Biennial update.................           2,505               1           2,505         \2\ 0.5           1,253
Third-party certification                    555               1             555              21          11,655
 biennial update................
Occasional updates..............             300               1             300         \2\ 0.5             150
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          21,558
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ (30 minutes).

    The information collection reflects an increase in burden by 18,458
hours due to the consolidation of the information collections covered
by OMB control numbers 0910-0839 and 0910-0320. Also, our current
estimate of the number of foreign countries that may require us to
establish lists in the next 3 years and the type of information they
may require us to collect to maintain such lists has also resulted in
an increase. At the same time, we have developed an electronic
reporting portal that is expected to reduce the overall reporting time
per submission. The portal will enhance the ability of firms to more
efficiently request inclusion on export lists.
    We base our estimate on the number of manufacturers/processors that
have submitted new written requests, biennial updates, and occasional
updates over the past 10 years. The estimate of the number of burden
hours it will take a manufacturer/processor to gather the information
needed to be placed on the list or update its information is based on
our experience with manufacturers/processors submitting similar
requests. We believe that the information to be submitted will be
readily available to manufacturers/processors. This collection is
incorporating additional information collected to maintain lists of
eligible exporters of CFSAN-regulated products who wish to export to
foreign markets, including the European Union, Chile and China under
OMB control numbers 0910-0320, ``Request for Information from U.S.
Processors that Export to the European Community'' and 0910-0839,
``Establishing and Maintaining Lists of U.S. Manufacturers/Processors
with Interest in Exporting CFSAN-Regulated Products to China.''
    We estimate that 1,460 firms will average 30 minutes (0.5 hour) to
submit new requests for inclusion on the list, 2,505 firms will average
30 minutes (0.5 hour) to update their information every 2 years, and
300 firms will average 30 minutes (0.5 hour) to occasionally update
their information in this system.
    Some firms will need to provide documentation that they obtained
third-party certification to certify that they have met the
requirements of the importing country. Currently, only China has this
requirement. Based on our experience with this program, 370 firms will
spend about 21 hours to complete the third-party certification for a
total of 7,770 burden hours. During the biennial update, we estimate
that about half of the 1,110 manufacturers/processors for which the
importing country requires third-party certification will be
recertified, meaning that 555 manufacturers/processors (1,110
manufacturers/processors x 0.5) will get recertified each year. We
estimate that it will take each such manufacturer/processor about 21
hours to complete the certification process for a total of 11,655
burden hours (555 manufacturers/processors x 21 hours).
    We calculate, therefore, that the total burden for this collection
is 21,558 hours.

    Dated: June 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12321 Filed 6-11-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17588-17589]
[FR Doc No: 2018-08245]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-034]

Petition for Exemption; Summary of Petition Received; Haverfield
International Incorporated

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 30, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0251
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey

Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

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

    Issued in Washington, DC, on April 11, 2018.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-0251.
    Petitioner: Haverfield International Incorporated.
    Section(s) of 14 CFR Affected: Sec. Sec.  91.9(a), and 133.43(a)
and (b).
    Description of Relief Sought: The petitioner seeks relief from
Sec. Sec.  91.9(a), 133.43(a) and (b) for continued use of the Onboard
System STC SR008925E and SR01778SE for Human External Cargo (HEC)
operations due to no availability of compliant cargo hooks for class B
human external cargo. The relief sought encompasses the petitioner's
fleet of MD500 aircraft until an alternate method of compliance is
available.

[FR Doc. 2018-08245 Filed 4-19-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Rules and Regulations]
[Pages 39543-39545]
[FR Doc No: 2016-12595]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8467; Directorate Identifier 2014-NM-107-AD;
Amendment 39-18541; AD 2016-11-14]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000
airplanes. This AD was prompted by a design review that revealed no
controlled bonding provisions are present on a number of critical
locations inside the fuel tanks or connected to the walls of the fuel
tanks. This AD requires installing additional and improved bonding
provisions in the fuel tanks and revising the airplane maintenance or
inspection program, as applicable, by incorporating fuel airworthiness
limitation items and critical design configuration control limitations
(CDCCLs). We are issuing this AD to prevent an ignition source in the
fuel tank vapor space, which could result in a fuel tank explosion and
consequent loss of the airplane.

DATES: This AD is effective July 22, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 22,
2016.

ADDRESSES: For service information identified in this final rule,
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax
+31 (0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may view this 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>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-8467.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8467; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Fokker Services B.V.
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The NPRM
published in the Federal Register on January 20, 2016 (81 FR 3051)
(``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0108, dated May 8, 2014 (referred to after
this the Mandatory Continuing Airworthiness Information,

or ``the MCAI''), to correct an unsafe condition for all Fokker
Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The
MCAI states:

    Prompted by an accident * * *, the Federal Aviation
Administration (FAA) published Special Federal Aviation Regulation
(SFAR) 88 [(66 FR 23086, May 7, 2001)], and the Joint Aviation
Authorities (JAA) published Interim Policy INT/POL/25/12.
    The review conducted by Fokker Services on the Fokker F28
design, in response to these regulations, revealed that no
controlled bonding provisions are present on a number of critical
locations, inside the fuel tank or connected to the fuel tank wall.
    This condition, if not corrected, could create an ignition
source in the fuel tank vapour space, possibly resulting in a fuel
tank explosions and consequent loss of the aeroplane.
    To address this potential unsafe condition, Fokker Services
developed a set of fuel tank bonding modifications.
    For the reasons described above, this [EASA] AD requires the
installation of additional and improved bonding provisions [and a
revision of the maintenance or inspection program, as applicable].
These modifications require opening of the fuel tank access panels.
    More information on this subject can be found in Fokker Services
All Operators Message AOF28.038#02.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8467.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Explanation of Changes Made to This AD

    We have revised the document citations in paragraphs (g) and (h) of
this AD to meet the Office of the Federal Register's requirements for
materials incorporated by reference.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Fokker Proforma Service Bulletin SBF28-28-058, dated
January 9, 2014; and Fokker F28 Appendix Service Bulletin SBF28-28-058/
APP01, dated July 15, 2014. The service information describes
procedures for installing improved bonding provisions for the transfer
jet pumps, ventilation float valves, center tank overflow valves, and
level control pilot valves wiring conduit; and applicable related
investigative and corrective actions.
    We also reviewed Fokker Service Bulletin SBF28-28-050, Revision 3,
dated December 11, 2014. The service information describes certain fuel
airworthiness limitation items and CDCCLs.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 5 airplanes of U.S. registry.
    We also estimate that it will take about 21 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $8,925, or $1,785 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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-11-14 Fokker Services B.V.: Amendment 39-18541. Docket No. FAA-
2015-8467; Directorate Identifier 2014-NM-107-AD.

(a) Effective Date

    This AD is effective July 22, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 1000,
2000, 3000, and 4000 airplanes, certificated in any category, all
serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a design review that revealed no
controlled bonding provisions are present on a number of critical
locations inside the fuel tanks or connected to the walls of the
fuel tanks. We are issuing this AD to prevent an ignition source in
the fuel tank vapor space, which could result in a fuel tank
explosion and consequent loss of the airplane.

(f) Compliance

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

(g) Installation of Bonding Provisions

    At the next scheduled opening of the fuel tanks after the
effective date of this AD, but no later than 84 months after the
effective date of this AD, install additional and improved bonding
provisions in the fuel tanks, and do the applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Fokker Proforma Service Bulletin
SBF28-28-058, dated January 9, 2014; and Fokker F28 Appendix Service
Bulletin SBF28-28-058/APP01, dated July 15, 2014.

(h) Revision of Maintenance or Inspection Program

    Before further flight after completing the installation
specified in paragraph (g) of this AD, or within 30 days after the
effective date of this AD, whichever occurs later: Revise the
airplane maintenance or inspection program, as applicable, by
incorporating the fuel airworthiness limitation items and critical
design configuration control limitations (CDCCLs) specified in
paragraph 1.L.(1)(c) of Fokker Proforma Service Bulletin SBF28-28-
058, dated January 9, 2014. The initial compliance times for the
tasks are at the latest of the times specified in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD.
    (1) At the applicable time specified in Fokker Service Bulletin
SBF28-28-050, Revision 3, dated December 11, 2014.
    (2) Before further flight after completing the installation
specified in paragraph (g) of this AD.
    (3) Within 30 days after the effective date of this AD.

(i) No Alternative Actions, Intervals, and CDCCLs

    After accomplishment of the revision required by paragraph (h)
of this AD, no alternative actions (e.g., inspections), intervals,
or CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Fokker B.V. Service's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0108, dated May 8, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-8467.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Fokker F28 Appendix Service Bulletin SBF28-28-058/APP01,
dated July 15, 2014.
    (ii) Fokker Proforma Service Bulletin SBF28-28-058, dated
January 9, 2014.
    (iii) Fokker Service Bulletin SBF28-28-050, Revision 3, dated
December 11, 2014.
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com.
    (4) You may view this 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.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 20, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12595 Filed 6-16-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Page 17829]
[FR Doc No: 2021-07080]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC20-10-000]

Commission Information Collection Activities (FERC Form Nos. 2
and 2-A); Comment Request; Extension; Errata Notice

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection; errata notice.

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

SUMMARY: This notice corrects the 60-day notice published on April 30,
2020 (85 FR 23954), 30-day notice published on July 20, 2020 (85 FR
43831), and the errata notice published on September 14, 2020 (85 FR
56597).

DATES: Comments for the notice of information collection, were due
October 14, 2020 (85 FR 56597).

SUPPLEMENTARY INFORMATION:
    Title: FERC Form No. 2, Annual Report for Major Natural Gas
Companies, and FERC Form No. 2-A, Annual Report for Non-Major Natural
Gas Companies.
    OMB Control Nos.: 1902-0028 (FERC Form No. 2), and 1902-0030 (FERC
Form No. 2-A).
    This notice replaces and corrects the 60-day notice published on
April 30, 2020 (85 FR 23954), 30-day notice published on July 20, 2020
(85 FR 43831) and the errata notice published on September 14, 2020 (85
FR 56597). No public comments were received on either the 60-day notice
or the 30-day notice.
    The burden and cost estimates are being corrected to remove an
erroneous double entry representing the industry burden of preparing
and submitting in XBRL carried over from RM19-12 (approved by OMB in
September 2019). The Commission is correcting the estimates for the
annual public reporting burden and cost \1\ for the information
collections as shown in the table pertaining to the rows for both Form
Nos. 2 and 2-A labelled ``Burden to Prepare and Submit in XBRL
(represented using the same number of respondents and responses
normally received annually).'' The burden hours per response for FERC
Form No. 2 are being corrected for a total of 1,671.6 burden hours
(1,629 burden hours for the reporting requirements plus 42.66 burden
hours for the XBRL implementation and maintenance). These corrections
remove an erroneous double entry of 42.66 hours for the XBRL
implementation and development requirements. In addition, the burden
hours per response for FERC Form No. 2-A are being similarly corrected
for a total of 296 burden hours (253 burden hours for the reporting
requirement plus 42.66 burden hours for the XBRL implementation and
maintenance).
---------------------------------------------------------------------------

    \1\ The Commission staff believes the FERC FTE (full-time
equivalent) average cost for wages plus benefits is representative
of the corresponding cost for the industry respondents. Based upon
the FERC's 2019 average cost for salary plus benefits, the average
hourly cost is $80/hour.
---------------------------------------------------------------------------

    In summary, the existing row pertaining to the ``Burden to Comply
with the Filing Requirement'' inadvertently included the additional
burden related to XBRL implementation and maintenance that was also
listed in a separate row. Accordingly, to correct this erroneous double
entry, we are removing 42.66 burden hours from the row titled ``Burden
to Comply with Filing Requirement'' and from the total burden hours for
each response for FERC Form Nos. 2 and 2-A.

    Dated: March 31, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07080 Filed 4-5-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28156-28159]
[FR Doc No: 2013-11382]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0419; Directorate Identifier 2012-NM-129-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 adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC-8-400 series airplanes. This
proposed AD was prompted by reports of excessive wear on the lower
latch surface of the main landing gear (MLG) up-lock hook. This
proposed AD would require revising the maintenance program. We are
proposing this AD to detect and correct up-lock hooks worn beyond the
wear limit, which could prevent the successful extension of the MLG
using the primary landing gear extension system, which in combination
with an alternate extension system failure could result in the
inability to extend the MLG.

DATES: We must receive comments on this proposed AD by June 28, 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., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; 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>.

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-2013-0419;
Directorate Identifier 2012-NM-129-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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-21, dated June 25, 2012 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    The main landing gear up-lock assembly part number (P/N) 46500-7
was introduced as the terminating action to [Canadian] AD CF-2002-
13R2. The main landing gear up-lock assembly P/N 46500-9 was later
introduced as a product improvement and has the same up-lock hook as
P/N 46500-7.
    Due to a delay in the release of the new Maintenance Review
Board (MRB) task associated with P/Ns 46500-7 and 46500-9, it is
anticipated that in-service aeroplanes may be operating with up-lock
hooks worn beyond the wear limit. An up-lock hook worn beyond the
wear limit could prevent the successful extension of the main
landing gear using the primary landing gear extension system. In
combination with an alternate extension system failure, this could
result in the inability to extend the main landing gear.
    This [Canadian] AD mandates the incorporation of the MRB task
number 323100-202.

    MRB task number 323100-202 adds a functional check of the main
landing gear up-lock assembly latch to the maintenance program. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued the following service information. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
     Bombardier Repair Drawing 8/4-32-0190, Issue 2, dated
January 14, 2013.
     Bombardier Q400 All Operator Message No. 515, DHC8-400-
AOM-515, Revision 2009-06-24, dated April 4, 2012.
     Bombardier Temporary Revision MRB-66, dated December 7,
2011, to Section 1-32, ``Systems/Powerplant Maintenance Program,'' of
Part 1 of the Bombardier Dash 8 Series 400 Maintenance Requirements
Manual, PSM 1-84-7.

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 83 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $7,055, or $85 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 adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0419; Directorate Identifier
2012-NM-129-AD.

(a) Comments Due Date

    We must receive comments by June 28, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001 and
subsequent; equipped with a main landing gear (MLG) up-lock having
part number 46500-7 or 46500-9.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of excessive wear on the lower
latch surface of the MLG up-lock hook. We are issuing this AD to
detect and correct up-lock hooks worn beyond the wear limit, which
could prevent the successful extension of the MLG using the primary
landing gear extension system, which in combination with an
alternate extension system failure could result in the inability to
extend the MLG.

(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) Maintenance Program Revision

    Within 30 days after the effective date of this AD, revise the
maintenance program to incorporate the information specified in Task
Number 323100-202 as specified in Bombardier Temporary Revision MRB-
66, dated December 7, 2011, to Section 1-32, ``Systems/Powerplant
Maintenance Program,'' of Part 1 of the Bombardier Dash 8 Series 400
Maintenance Requirements Manual, PSM 1-84-7. Do the initial
functional check at the applicable time specified in paragraph
(g)(1), (g)(2), or (g)(3) of this AD.

    Note 1 to Paragraph (g) of this AD: The maintenance program
revision required by paragraph (g) of this AD may be done by
inserting a copy of Bombardier Temporary Revision MRB-66, dated
December 7, 2011, to Section 1-32, ``Systems/Powerplant Maintenance
Program,'' into Part 1 of the Bombardier Dash 8 Series 400
Maintenance Requirements Manual, PSM 1-84-7. When this temporary
revision (TR) has been included in general revisions of the PSM, the
general revisions may be inserted in the PSM, provided the relevant
information in the general revision is identical to that in TR MRB-
66.
    (1) For up-lock hook assemblies that have 15,000 total flight
cycles or more as of the effective date of this AD: Do the initial
functional check within 600 flight cycles after the effective date
of this AD.
    (2) For up-lock hook assemblies that have 12,000 total flight
cycles or more, but less than 15,000 total flight cycles, as of the
effective date of this AD: Do the initial functional check within
1,200 flight cycles after the effective date of this AD, but before
the accumulation of 15,600 total flight cycles on the assembly.
    (3) For up-lock hook assemblies with less than 12,000 total
flight cycles as of the effective date of this AD: Do the initial
functional check within 6,000 flight cycles after the effective date
of this AD, but before the accumulation of 13,200 total flight
cycles on the assembly.

(h) Method of Compliance

    For any up-lock assembly outside the wear limit specified in the
Inspection Notes of Bombardier Repair Drawing, 8/4-32-0190, Issue 2,
dated January 14, 2013; and on which the up-lock roller on the MLG
shock strut is free to rotate and free of any damage or flat spots
on the riding surface: In lieu of doing the initial functional
check, as required by paragraph (g) of this AD, accomplishing the
actions specified in paragraphs (h)(1) through (h)(4) of this AD in
accordance with Bombardier Repair Drawing, 8/4-32-0190, Issue 2,
dated January 14, 2013, may be done. However, as of 36 months after
the effective date of this AD, the initial functional check must be
done in accordance with the requirements of paragraph (g) of this
AD.
    (1) Do a detailed inspection for deformation, corrosion, or
broken springs of the up-lock assembly of the MLG. If deformation,
corrosion, or broken springs are found, before further flight,
replace the spring.
    (2) Measure the groove depth of the lower latch working surface.
    (i) If the groove depth is greater than or equal to 0.022 inch,
before further flight, replace the up-lock assembly part number (P/
N) 46500-7 or 46500-9 with a new assembly, or an assembly with a new
or reworked hook installed.
    (ii) If the groove depth is greater than 0.017 inch and less
than or equal to 0.0215 inch: Within 600 flight cycles after
accomplishing the measurement, do the up-lock inspection as
specified in paragraph (h)(1) and (h)(2) of this AD, and repeat the
inspections thereafter at intervals not to exceed 600 flight cycles.
Replacing the up-lock hook with a new or reworked hook, or
installing a new up-lock assembly, terminates the repetitive
inspections.
    (iii) If the groove depth is between 0.0215 and 0.0220 inch:
Within 300 flight cycles after the measurement, replace the up-lock
hook with a new or reworked hook, or with a new up-lock assembly.
    (3) Unless already accomplished, within 6,000 flight hours or 36
months after doing the initial inspection specified in paragraph
(h)(1) of this AD: Replace the up-lock assembly with a new assembly,
or a new or reworked hook installed, in accordance with the
Inspection Notes of Bombardier Repair Drawing 8/4-32-0190, Issue 1,
dated April 2, 2012.
    (4) Inspect the up-lock roller on both main gear shock struts
for freedom of movement.
    (i) If the up-lock roller cannot be freely rotated by finger
force, or any flat spots exceeding 0.060 inch (across the flats) are
found, before further flight, replace the up-lock roller.
    (ii) Repeat the inspections thereafter at intervals not to
exceed 50 flight hours until the up-lock has been replaced with a
new assembly, or a new or reworked up-lock hook has been installed.
Replacing the up-lock with a new assembly, or installing a new or
reworked up-lock hook, terminates the repetitive inspection
requirements.

(i) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used, except as provided by paragraph (h) of this AD unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k) of this AD.

(j) Reporting

    Submit a report of the initial functional check findings at the
applicable time specified in paragraph (j)(1) or (j)(2) of this AD
using Form No ISETS-03-AOM Q400 in Bombardier Q400 All Operator
Message DHC8-400-AOM-515, Revision 2009-06-24, dated April 4, 2012.
Send the report to Bombardier, Inc., Technical Help Desk, phone:
416-375-4000; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (1) If the functional check was done on or after the effective
date of this AD: Submit the report within 30 days after the
functional check.
    (2) If the functional check was done before the effective date
of this AD: Submit the report within 30 days after the effective
date of this AD.

(k) 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, 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. If sending information directly to
the ACO, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; 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.
    (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.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(l) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-21,
dated June 25, 2012; and the service information specified in
paragraphs (l)(1)(i), (l)(1)(ii), and (l)(1)(iii) of this AD for
related information.
    (i) Bombardier Repair Drawing 8/4-32-0190, Issue 2, dated
January 14, 2013.
    (ii) Bombardier Q400 All Operator Message No. 515, DHC8-400-AOM-
515, Revision 2009-06-24, dated April 4, 2012.
    (iii) Bombardier Temporary Revision MRB-66, dated December 7,
2011, to Section 1-32, ``Systems/Powerplant Maintenance Program,''
of Part 1 of the Bombardier Dash 8 Series 400 Maintenance
Requirements Manual, PSM 1-84-7.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 6, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-11382 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33144-33147]
[FR Doc No: 2016-12184]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2015-0372]

49 CFR Part 372

RIN 2126-AB86

Commercial Zones at International Border With Mexico

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

ACTION: Final rule.

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SUMMARY: FMCSA finalizes the interim final rule (IFR) published on
February 24, 2016, in the Federal Register expanding the commercial
zone for the City of El Paso, TX. The commercial zone now includes the
new Tornillo-Guadalupe international bridge and port of entry on the
border with Mexico. The Agency sought, but did not receive, public
comments regarding what should constitute the eastern boundary of
FMCSA's commercial zone for the City of El Paso, TX. Therefore, FMCSA
is adopting the commercial zone as defined in the February 24, 2016,
IFR.

DATES: Effective May 25, 2016.

FOR FURTHER INFORMATION CONTACT: Bryan Price, Chief, North American
Borders Division, FMCSA, 1200 New Jersey Avenue SE., Washington, DC
20590-0001. Telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>If you
have questions on viewing or submitting

material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The statutes authorizing FMCSA to regulate certain economic
activities of motor carriers provide for several exemptions. One of
them, the ``commercial zone'' exemption, now set out in 49 U.S.C.
13506(b)(1), provides that, except to the extent FMCSA finds it
necessary to exercise jurisdiction to carry out the transportation
policy of 49 U.S.C. 13101, FMCSA has no jurisdiction under 49 U.S.C.
subtitle IV, part B \1\ over transportation provided entirely in a
municipality, in contiguous municipalities, or in a zone that is
adjacent to, and commercially a part of, the municipality or
municipalities, except when the transportation is under common control,
management, or arrangement for a continuous carriage or shipment to or
from a place outside the municipality, municipalities, or zone. The
statute does not specify the geographic limits of a commercial zone.
From the outset commercial zone limits have usually been established by
agency rulemaking under authority provided by 49 U.S.C. 13301(a).
Authority to administer the provisions of 49 U.S.C. 13506 has been
delegated by the Secretary to the Administrator of FMCSA. 49 CFR
1.87(a)(3).
---------------------------------------------------------------------------

    \1\ This commercial zone exemption thus applies only to
commercial regulations applicable to motor carriers, such as the
requirements for operating authority set out in 49 U.S.C. 13901-
13904 and 49 CFR parts 365 and 390. Mexico-domiciled motor carriers
operating in commercial zones at the international border are
required to obtain certificates of registration under 49 U.S.C.
13902(c) and 49 CFR part 368. At one time, motor carrier operations
in commercial zones were exempt from most safety regulations, but
since 1989, such operations have been subject to all of the Federal
Motor Carrier Safety Regulations, with the exception of a small,
grandfathered population of medically unqualified drivers who were
operating in commercial zones between November 1987 and November
1988. 49 U.S.C. 31136(f), Federal Motor Carrier Safety Regulations;
General, 53 FR 18042, 18044-49 (May 19, 1988) and Federal Motor
Carrier Safety Regulations; General; Exempt Intracity Zone; Foreign
Motor Carriers, 54 FR 12200 (Mar. 24, 1989).
---------------------------------------------------------------------------

    The interim final rule establishing the expanded commercial zone
for the City of El Paso was made effective on February 24, 2016, the
date of publication in the Federal Register. This final rule confirms
the exemption granted by the IFR and is effective upon publication. 5
U.S.C. 553(d)(1).

Background

    A history of the expansion of the City of El Paso's commercial zone
may be found in the February 24, 2016, IFR (81 FR 9117). In that IFR,
FMCSA established a commercial zone for the City of El Paso that
includes the new border crossing, which, unlike the old border
crossing, is being used by motor carriers of both property and
passengers. The expanded commercial zone includes the intersection of
Interstate 10 with O.T. Smith Road and Texas Farm-to-Market Road 3380
so that motor carriers that have authority from FMCSA to operate only
within the El Paso commercial zone may use the new international bridge
and will be able to drive to and from the intersection of Interstate 10
and O.T. Smith Road/Farm-to-Market Road 3380.
    The specific description of the commercial zone for the City of El
Paso set out in 49 CFR 372.247, published at 81 FR 9117, includes all
of the area previously within the commercial zone under the general
rule in 49 CFR 372.241. It added a provision expanding the zone to
include all unincorporated areas within 15 miles of the corporate
boundaries of the City of San Elizario, TX. The February 24, 2016,
IFR's expansion of the commercial zone \2\ added 84 square miles to the
previous El Paso commercial zone.
---------------------------------------------------------------------------

    \2\ A map depicting the expanded commercial zone under the EA's
alternative 2 is included in the final EA's Appendix A as Figure 2.
---------------------------------------------------------------------------

    FMCSA also sought public comment on whether the boundary of the
expanded commercial zone should instead be the eastern boundary \3\ of
the County of El Paso. No public comments, however, were received
concerning either of the proposed commercial zones. FMCSA is therefore
adopting as final the commercial zone set out in 49 CFR 372.247.
---------------------------------------------------------------------------

    \3\ A map depicting the expanded commercial zone under the EA's
alternative 3 is included in the final EA as Figure 3.
---------------------------------------------------------------------------

Rulemaking Analyses

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, Jan. 18, 2011), or
within the meaning of the DOT regulatory policies and procedures (44 FR
1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB)
did not review this document. The final rule has no costs, as it
exempts motor carriers from obtaining FMCSA operating authority when
they operate in interstate or foreign commerce wholly within the El
Paso, Texas commercial zone as defined by 49 CFR 372.247; therefore, a
full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis,
because this action is not subject to notice and comment under section
553(b) of the Administrative Procedure Act.\4\
---------------------------------------------------------------------------

    \4\ 5 U.S.C 553(b).
---------------------------------------------------------------------------

Unfunded Mandates Reform Act

    The final rule does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $155
million (which is the value of $100 million in 1995 dollars after
adjusting for inflation to 2014 dollars) or more in any 1 year.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or
modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes the
power of any State to enforce its own laws. Accordingly, the final rule
does not have Federalism implications warranting the application of
E.O. 13132.

E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
final rule.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive
Order 13175 titled, ``Consultation and Coordination with Indian Tribal
Governments,'' because they would 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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule, nor are there any revisions to existing, approved
collections of information.

National Environmental Policy Act and Clean Air Act

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to integrate environmental
values into their decision-making processes by requiring Federal
agencies to consider the potential environmental impacts of their
proposed actions. In accordance with FMCSA's Order 5610.1, NEPA
Implementing Procedures and Policy for Considering Environmental
Impacts, and other applicable requirements, FMCSA prepared an
Environmental Assessment (EA) to analyze the potential impacts of the
IFR for the expansion of the City of El Paso, TX, commercial zone.
FMCSA published a notice of availability of the draft EA, giving the
public an opportunity to comment on it, on January 15, 2016 (81 FR
2291). FMCSA also published the IFR, giving the public an opportunity
to comment on it, the final EA, and the Finding of No Significant
Impact (FONSI), on February 24, 2016 (81 FR 9117). The final EA and
FONSI are available for inspection or copying in the Regulations.gov
Web site at http://www.regulations.gov. No comments were received by
the end of both comment periods. Because the implementation of this
action will only expand an existing commercial zone, FMCSA found that
endangered species, cultural resources protected under the National
Historic Preservation Act, wetlands, and resources protected under
Section 4(f) of the DOT Act of 1966, 49 U.S.C. 303, as amended by
Public Law 109-59 (Aug. 10, 2005), are not impacted. The impact areas
that may be affected and were evaluated in this EA included air
quality, noise, socioeconomics, environmental justice, public health
and safety, and hazardous materials. FMCSA anticipates that making
final the expanded El Paso commercial zone will have certain impacts
related principally to air emissions and land use from economic growth;
however, neither of these factors individually or collectively will
cause significant impacts. In addition, the economic impact will have
beneficial impacts to the quality of life in terms of job creation.
    FMCSA also analyzed this final rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7506(c)), and implementing
regulations promulgated by the Environmental Protection Agency. None of
the alternatives considered in the final EA is located in a
nonattainment or maintenance area for any of the criteria pollutants;
therefore, FMCSA has determined that it is not required to perform a
CAA general conformity analysis.

E.O. 12898 (Environmental Justice)

    E.O. 12898 (59 FR 7629, Feb. 16, 1994), Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, establishes Federal executive policy on environmental
justice. The E.O.'s main provision directs Federal agencies to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. FMCSA evaluated the environmental effects of this final
rule in accordance with E.O. 12898 and determined that there are no
environmental justice issues associated with its provisions, nor any
collective environmental impact resulting from its promulgation. None
of the alternatives analyzed in the EA will result in high and adverse
environmental impacts on minority or low-income populations.

E.O. 13211 (Energy Effects)

    FMCSA has analyzed this final rule under Executive Order 13211,
titled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.'' The Agency has determined that
the rule(s) are not a ``significant energy action'' under that
Executive Order because it is not a ``significant regulatory action''
under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, no Statement of Energy Effects is required.

E.O. 13045 (Protection of Children)

    Executive Order 13045 titled, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, Apr. 23,
1997), requires agencies issuing ``economically significant'' rules, if
the regulation also concerns an environmental health or safety risk
that an agency has reason to believe may disproportionately affect
children, to include an evaluation of the regulation's environmental
health and safety effects on children. As discussed previously, the
final rule is not economically significant. Therefore, no analysis of
the impacts on children is required.

E.O. 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation,
eliminate ambiguity, and reduce burden.

E.O. 12630 (Taking of Private Property)

    This final rule will not effect a taking of private property or
otherwise have taking implications under E.O. 12630 titled,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights.''

National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt
technical standards, there is no need to submit a separate statement to
OMB on this matter.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule will not affect the privacy of
individuals, FMCSA did not conduct a separate privacy impact
assessment.

List of Subjects in 49 CFR Part 372

    Agricultural commodities, Buses, Cooperatives, Freight forwarders,
Motor carriers, Moving of household goods, Seafood.

    For reasons set forth in the preamble, FMCSA adopts the interim
rule published February 24, 2016 (81 FR 9117), as final without change.

    Issued pursuant to authority delegated in 49 CFR 1.87 on: May
17, 2016
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-12184 Filed 5-24-16; 8:45 am]
 BILLING CODE 4910-EX-P