[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15110-15111]
[FR Doc No: 2012-6115]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0218]

Antiviral Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Antiviral Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.

DATES: Date and Time: The meeting will be held on May 10, 2012, from 8
a.m. to 5:30 p.m.

ADDRESSES: FDA is opening a docket for public comment on this meeting.
The docket number is FDA-2012-N-0218. The docket will open for public
comment on March 14, 2012. The docket will close on May 17, 2012.
Interested persons may submit either electronic or written comments
regarding this meeting. Submit electronic comments to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. All

comments received will be posted without change, including any personal
information provided. It is only necessary to send one set of comments.
Identify comments with the docket number found in brackets in the
heading of this document. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
Comments received on or before April 26, 2012, will be provided to the
committee before the meeting.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Yvette Waples, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, email<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), and
follow the prompts to the desired center or product area. Please call
the Information Line for up-to-date information on this meeting. A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: The committee will discuss an efficacy supplement for new
drug application (NDA) 21-572, TRUVADA (emtricitabine/tenofovir
disoproxil fumarate) Tablet, submitted by Gilead Sciences, Inc. The
supplemental application proposes an indication for Pre-Exposure
Prophylaxis (PrEP) to reduce the risk of sexually acquired HIV-1
infection.
    FDA intends to make background materials available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see the
ADDRESSES section of this document) on or before April 26, 2012, will
be provided to the committee. Oral presentations from the public will
be scheduled between approximately 2 p.m. and 3 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before April 18, 2012. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by April 19, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Yvette Waples at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: March 8, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-6115 Filed 3-13-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63595-63598]
[FR Doc No: 2015-26516]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76146; File No. SR-MSRB-2015-11]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Provide a Web-Based Delivery Method for Completing the
Regulatory Element of the Continuing Education Requirements Pursuant to
Rule G-3(i)(i)

October 14, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\
notice is hereby given that on September 29, 2015, the Municipal
Securities Rulemaking Board (the ``MSRB'' or ``Board'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the MSRB. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB filed with the Commission proposed amendments to Rule G-
3(i)(i), Continuing Education Requirements, Regulatory Element, to
facilitate the Web-based delivery method for meeting the requirements
of Rule G-3(i)(i) (the ``proposed rule change''). The proposed rule
change, which is based on Financial Industry Regulatory Authority
(``FINRA'') Rule 1250, has been filed for immediate effectiveness.\3\
In order to align the MSRB's implementation for Web-based delivery of
the Regulatory Element with FINRA's, which begins on October 1, 2015,
the MSRB requests that the Commission waive the 30 day operative
requirement under Rule 19b-4(f)(6) and the proposed rule change become
operative on October 1, 2015. The proposed rule change is not making
any changes to the Firm Element component of the Continuing Education
Requirements (Rule G-3(i)(ii)).
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    \3\ See Securities Exchange Act Release No. 58092 (July 3,
2008), 73 FR 40144 (July 11, 2008): The Commission believes that a
proposed rule change appropriately may be filed as an immediately
effective rule so long as it is based on and similar to another
SRO's rule and each policy issue raised by the proposed rule (i) has
been considered previously by the Commission when the Commission
approved another exchange's rule (that was subject to notice and
comment), and (ii) the rule change resolves such policy issue in a
manner consistent with such prior approval.
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    The text of the proposed rule change is available on the MSRB's Web
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2015-Filings.aspx, at the MSRB's principal office, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
Background
    The MSRB has established a professional qualifications program that
establishes competency standards for municipal securities brokers and
municipal securities dealers (collectively, ``dealers'') and their
associated persons. Section 15B(b)(2)(A) of the Act provides that the
rules of the MSRB shall require associated persons of dealers to meet
such standards of training, experience, competence, and such other
qualifications as the MSRB finds necessary or appropriate in the public
interest or for the protection of investors and municipal entities or
obligated persons.\4\ The purpose of the continuing education
requirements (``CE requirements'') is to keep registered persons of
dealers informed of issues that affect their job responsibilities and
of product and regulatory developments. MSRB Rule G-3(i) sets forth a
two-pronged approach for CE requirements consisting of a Regulatory
Element and a Firm Element; the proposed rule change would amend only
the Regulatory Element.
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    \4\ 15 U.S.C. 78o-4(b)(2)(A).
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    The requirements for compliance with the Regulatory Element
component of the MSRB's CE requirements are identical to the
requirements for the Regulatory Element component of FINRA's CE
requirements. Both the MSRB and FINRA require certain registered
persons,\5\ subsequent to their initial qualification and registration
with a registered securities association, to complete a periodic
computer-based training program within 120 days of the second
anniversary of their registration approval dates and every three years
thereafter. The computer-based training program is developed by the
Securities Industry Regulatory Council on Continuing Education (``CE
Council''), of which both the MSRB and FINRA are members.\6\ The
training developed by the CE Council is focused on compliance,
regulatory, ethical and sales practice standards. The Regulatory
Element's content is derived from

industry rules and regulations, as well as widely accepted standards
and practices within the industry. Although the specific requirements
of certain rules may differ slightly among the various self-regulatory
organizations (``SROs''), the programs are based on standards and
principles applicable to all.\7\ Currently, the Regulatory Element
computer-based training may be delivered in a test center or in-firm
subject to specified procedures.
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    \5\ The MSRB defines a registered person as any individual
associated with a dealer maintaining a registration category
pursuant to MSRB Rule G-3.
    \6\ The CE Council is composed of up to 20 industry members from
broker-dealers, representing a broad cross section of industry
firms, and representatives from the MSRB and other SROs as well as
liaisons from the SEC and the North American Securities
Administrators Association. See http://www.cecouncil.com.
    \7\ There are currently four different Regulatory Element
Programs developed by the CE Council, the Supervisor Program for
Registered Principals and Supervisors (S201), the Series 6 Program
for Investment Company Products/Variable Contracts Representatives
(S106), the General Program for Series 7 Registered Persons and all
other registrations (S101), and the Operations Professional Program
for Series 99 Registered Persons. See http://www.cecouncil.com/regulatory-element/.
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    On June 11, 2015 FINRA proposed changes to its CE requirements
under FINRA Rule 1250(a)(6) to permit the Regulatory Element program to
be administered through Web-based delivery or such other technological
manner and format as specified by FINRA and to eliminate the
requirements for in-firm and test center delivery of the Regulatory
Element.\8\ After notice and comment, FINRA's proposed rule was
approved by the SEC.\9\
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    \8\ See FINRA's rule filing proposing Web-based delivery of the
Regulatory Element component of CE filed under Section 19(b)(2) of
the Exchange Act. Securities Exchange Act Release No. 75154 (June
11, 2015), 80 FR 34777 (June 17, 2015) (File No. SR-FINRA-2015-015)
(``Proposing Release'').
    \9\ See Order Approving a Proposed Rule Change to Provide a Web-
Based Delivery Method for Completing the Regulatory Element of the
Continuing Education Requirements. Securities Exchange Act Release
No. 75581 (July 31, 2015), 80 FR 47018 (August 6, 2015) (File No.
SR-FINRA-2015-015) (``SEC Approval Order'').
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Proposal
    The CE Council believes that, with the advances in Web-based
technology, in-firm delivery can be stream-lined, making it easier for
registered persons to complete the Regulatory Element without having to
travel to a testing center. The Board supports the CE Council's
initiative and accordingly approved the proposed rule change. The
proposed rule change is wholly consistent with FINRA's rule proposal
amending FINRA Rule 1250 (Continuing Education Requirements) to provide
a Web-based delivery method for completing the Regulatory Element of
the CE Requirements, which was filed with the SEC on June 4, 2015 and
approved by the SEC on July 31, 2015.\10\
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    \10\ See SEC Approval Order. The Commission received four
comment letters. All commenters supported FINRA's proposed rule
change. In particular, the commenters noted that the proposal would
modernize the CE requirements, remove burdens associated with the
test center delivery method (e.g., the time spent traveling to a
test center), and reduce the fees and other costs associated with
the Regulatory Element.
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    The proposed Web-based delivery method will provide registered
persons the flexibility to meet the Regulatory Element requirement of
MSRB Rule G-3(i)(i) at a location of their choosing, including their
private residence, at any time during their 120-day window for
completion of the Regulatory Element.\11\ The MSRB believes that the
same time constraints and rigorous security measures taken at the
testing centers, while appropriate for qualification examinations, are
not warranted for the completion of the Regulatory Element. The
proposed rule change would remove burdens associated with the test
center delivery method (e.g., the time spent traveling to a test center
and the cost for time spent at a test center). The Web-based format of
the Regulatory Element program, which will be administered by FINRA, is
designed with safeguards to authenticate the identities of the CE
candidates. For instance, prior to commencing a Web-based session, the
candidate will be asked to provide a portion of their Social Security
number (either first five or last four digits) and their date of birth.
This information will only be used by FINRA for matching data in the
CRD system for authentication purposes and the Web CE system will
discard this information after the matching process.\12\
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    \11\ Although the proposed rule change provides for flexibility,
firms may impose additional conditions upon registered persons based
on the firm's supervisory obligations and compliance controls.
    \12\ See Proposing Release.
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    In its rule filing, FINRA outlined a timeline for phasing in Web-
based delivery and guidance for any firms that currently utilize in-
firm delivery for CE delivery.\13\ After the SEC's approval of FINRA's
rule change, FINRA announced that it will launch the first phase of the
Web-based delivery of Regulatory Element (``CE Online''), which will
include the S106, S201 and S901 Regulatory Element programs, on October
1, 2015 and will launch the second phase of CE Online, which will
include the S101 Regulatory Element program, on January 4, 2016.\14\
Before commencing a Web-based session, each candidate will be required
to agree to the Rules of Conduct for Web-based delivery. Among other
things, the Rules of Conduct will require each candidate to attest that
he or she is in fact the person who is taking the Web-based session and
attest to compliance with the Rules of Conduct.
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    \13\ Id.
    \14\ See Continuing Education, SEC Approves Amendments Relating
to Web-based Delivery of the Regulatory Element, FINRA Regulatory
Notice 15-28 (August 2015). S106 is for Investment Company and
Variable Contracts Representatives, the S201 is for registered
principals and supervisors, and the S101 is for all other
registration categories.
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    The MSRB endorses FINRA's timeline for phasing in the new Web-based
delivery method and phasing-out the in-firm delivery of the Regulatory
Element.\15\ The Board requests that the proposed rule change to the
Regulatory Element CE Requirements pursuant to Rule G-3(i)(i) become
operative on October 1, 2015 to coincide with the launch of the first
Web-based modules for the Regulatory Element. In accordance with
FINRA's rule proposal, delivery of the Regulatory Element at a test
center would be phased out by no later than six months after January 4,
2016. Registered persons will continue to have the option of completing
the Regulatory Element in a test center until the phase out of the test
center delivery method, but they will be required to use the Web-based
system after that date. Firms will not be able to establish new in-firm
delivery programs after October 1, 2015. Moreover, firms that have pre-
existing in-firm delivery programs established prior to October 1, 2015
would not be able to use that delivery method for the S106, S201 and
S901 Regulatory Element programs after October 1, 2015, which is the
anticipated launch date of the Web-based delivery for these programs.
However, firms may continue to use their pre-existing in-firm delivery
programs for the S101 Regulatory Element program until January 4, 2016,
which is the anticipated launch date of Web-based delivery for the S101
program. The MSRB is not proposing any changes to the Firm Element CE
Requirements under MSRB Rule G-3(i)(ii).
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    \15\ Id. FINRA is proposing to phase out test-center delivery by
no later than six months after January 4, 2016. Registered persons
will continue to have the option of completing the Regulatory
Element in a test center until the phase out of the test center
delivery method, but they will be required to use the FINRA CE
Online System after that date. Further, FINRA is proposing to phase
out the current option for ``in-firm delivery on a rolling basis as
each Regulatory Element program becomes available for CE Online.''
FINRA CE Online System is accessible through the internet.
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2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
the provisions of Section 15B(b)(2)(A) of the Act,\16\ which authorizes
the MSRB, in part, to prescribe for municipal securities brokers or
municipal

securities dealers and their associated persons ``standards of
training, experience, competence, and such other qualifications as the
Board finds necessary or appropriate in the public interest or for the
protection of investors and municipal entities or obligated persons.''
Section 15B(b)(2)(A) of the Act \17\ also provides, in part, that the
Board may appropriately classify municipal securities brokers and
municipal securities dealers and persons associated with such municipal
securities brokers and municipal securities dealers to meet such
standards of training, experience, competence, and such other
qualifications as the MSRB finds necessary or appropriate in the public
interest or for the protection of investors and municipal entities or
obligated persons.
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    \16\ 15 U.S.C. 78o-4(b)(2)(A).
    \17\ Id.
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    The MSRB believes that the proposed rule change will permit
registered persons to utilize the time saved attending test centers to
focus on the content and learning objectives set-forth in the CE
modules, potentially leading to a better understanding of the modules
and thus enhanced investor protections. The proposed rule change is
designed to preserve the integrity of the Regulatory Element of the CE
requirements while making compliance with the Regulatory Element less
burdensome on firms by giving them and their covered associated persons
additional flexibility and, as a result, a reduction in the cost of the
Regulatory Element requirement.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The MSRB notes that the
proposed rule change is specifically intended to reduce the burden on
firms while preserving the integrity of the Regulatory Element program.
Web-based delivery will allow registered persons the flexibility to
complete the Regulatory Element at any location and at any time during
their 120-day window for completion of the Regulatory Element and
offers cost savings over test centers.

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    Pursuant to Section 19(b)(3)(A) \18\ of the Act and Rule 19b-
4(f)(6) \19\ thereunder, the MSRB has designated the proposed rule
change as one that affects a change that does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate. A proposed rule change filed under Rule
19b-4(f)(6) normally does not become operative until 30 days after the
date of filing.\20\ However, Rule 19b-4(f)(6)(iii) permits the
Commission to waive the 30 day operative delay if such action is
consistent with the protection of investors and the public
interest.\21\ The MSRB has requested that the Commission designate the
proposed rule change operative on October 1, 2015, which is less than
30 days after the date of filing of the proposed rule change, as
specified in Rule 19b-4(f)(6)(iii).\22\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ Id.
    \21\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file a proposed rule change, along with a brief
description and text of such proposed rule change, at least five
business days prior to the date of filing, or such shorter time as
designated by the Commission. The Commission has designated a
shorter time for delivery of such written notice.
    \22\ See SR-MSRB-2015-11 (filed with the Commission on September
29, 2015).
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    The MSRB has provided that the proposed rule change is based on
FINRA Rule 1250, which was filed for effectiveness commencing October
1, 2015 and approved by the Commission on July 31, 2015.\23\ The MSRB
believes that an October 1, 2015 implementation date of the proposed
rule change is necessary in order to align the MSRB's implementation
for Web-based delivery of the Regulatory Element with FINRA's, which
begins on October 1, 2015. The MSRB has stated that the Regulatory
Element component of the MSRB's CE requirements is identical to the
Regulatory Element component of FINRA's CE requirements and that the
proposed rule change will provide registered persons with time and cost
savings by eliminating the need to visit test centers to complete the
Regulatory Element. The Commission believes that waiving the 30 day
operative delay is consistent with the protection of investors and the
public interest because it will allow for the consistent implementation
of the Regulatory Element of the MSRB's CE requirements with FINRA's
and permit persons registered with both the MSRB and FINRA to fulfill
their respective CE requirements in a uniform manner. Therefore, the
Commission hereby waives the 30 day operative delay and designates the
proposed rule change operative on October 1, 2015.\24\
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    \23\ See supra note 14.
    \24\ For purposes only of waiving the 30-day operative delay for
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MSRB-2015-11 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549.

All submissions should refer to File Number SR-MSRB-2015-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be

available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the MSRB. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-MSRB-2015-11 and should be submitted on or before
November 10, 2015.

    For the Commission, pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26516 Filed 10-19-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Notices]
[Page 55856-55857]
[DOCID:fr01oc07-112]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket: PHMSA-1998-4957]

Request for Public Comments and Office of Management and Budget
Approval of an Existing Information Collection (2137-0618); Correction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
U.S. Department of Transportation (DOT).

ACTION: Notice; correction.

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SUMMARY: PHMSA published a notice in the Federal Register on September
11, 2007, requesting comments on an information collection for
underwater periodic inspections. The notice contains an incorrect
annual cost estimate.

FOR FURTHER INFORMATION CONTACT: Roger Little at<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>    In the Federal Register of September 11, 2007, 72 FR 51901, on page
51902, in the first column, correct ``Estimated

Cost: $6,475.'' to read ``Estimated Cost: $87,413.''

    Issued in Washington, DC on September 25, 2007.
Florence L. Hamn,
Director of Regulations, Office of Pipeline Safety.
 [FR Doc. E7-19293 Filed 9-28-07; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71032-71033]
[FR Doc No: 2013-28461]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0063; Notice 2]

Foreign Tire Sales, Inc., Denial of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Denial of Petition.

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SUMMARY: Foreign Tire Sales, Inc. (FTS), as importer for ProMeter brand
medium truck radial replacement tires manufactured by Shandlong
Linglong Rubber Company Limited, has determined that certain
replacement tires manufactured during the period between the 15th week
of 2008 and 22nd week of 2009 do not fully comply with paragraph
S6.5(d) of 49 CFR 571.119, Federal Motor Vehicle Safety Standard
(FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles With a GVWR of
More than 4,536 Kilograms (10,000 pounds) and Motorcycles. FTS has
filed an appropriate report dated June 11, 2009, pursuant to 49 CFR
Part 573, Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision, contact Mr.
Abraham Diaz, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    FTS's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the
regulation implementing those provisions at 49 CFR part 556, FTS has
petitioned for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential to motor vehicle safety.
    Notice of receipt of FTS's petition was published with a 30-day
public comment period, on June 8, 2010, in the Federal Register (75 FR
32536). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System Web
site at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2010-0063.''
    Tires Involved: Affected are approximately 2,659 size 285/75R-24.5
14 ply (steer and drive) and 295/75R-22.5 14 ply (steer and drive)
ProMeter brand medium truck radial tires manufactured during the period
between the 15th week of 2008 and 22nd week of 2009 with DOT Numbers:
285/75R-24.5--OU4CFTS1508-0U4CFT2209 and 295/75R-22.5--OU34FTS1508-
0U34FTS2209.
    Summary of FTS'S Analysis: FTS stated that it believed that 100% of
the 2,659 tires involved contained the identified non-compliance. FTS
says it sold these tires to eleven customers who are distributors.
Three of the eleven distributors have not sold any of these tires to
their customers.
    In a supplemental letter dated April 14, 2010, FTS submitted
corrections of typographical errors in its petition and stated that
subsequent to submitting its petition it had decided to remedy all of
the subject tires that it held in its possession as well as those that
had not been sold by its customers (the eleven tire distributors). FTS
also revised its estimate of the number of affected tires to 2,000,
which encompasses tires that had been sold and not retrieved for
remedy. Therefore, it is only those 2,000 tires for which FTS is
requesting exemption from the notification and remedy requirements
because it claims that the remaining 659 tires have been remedied.
    FTS describes the noncompliance as its failure to provide accurate
load and inflation information as required by FMVSS No. 119. The
maximum load rating and corresponding inflation pressure that are
erroneously marked on the FTS tires and the correct information for the
non-conforming tires are as follows:

    295/75R22.5/14 is marked:

Max. Load Single 2800 kg (6175 lbs) at 720 kPa (105 psi) cold.
Max. Load Dual 2650 kg (5840 lbs) at 720 kPa (105 psi) cold.

    295/75R22.5/14 should be marked:

Max. Load Single 2800 kg (6175 lbs) at 760 kPa (110 psi) cold.
Max. Load Dual 2575 kg (5675 lbs) at 760 kPa (110 psi) cold.

    285/75R24.5/14 is marked:

Max. Load Single 3000 kg (6610 lbs) at 720 kPa (105 psi) cold.
Max. Load Dual 2725 kg (6005 lbs) at 720 kPa (105 psi) cold.

    285/75R24.5/14 should be marked:

Max. Load Single 2800 kg (6175 lbs) at 760 kPa (110 psi) cold.
Max. Load Dual 2575 kg (5675 lbs) at 760 kPa (110 psi) cold.

    FTS states that the non-compliance of its tires was brought to its
attention on June 9, 2009, ``when new molds were ordered and the old
molds were compared to the new molds.''
    FTS also states that it has advised the manufacturer to hold any
additional non-conforming tires and to change the inaccurate
information on the tires before exporting them to the United States.
    FTS argues that the inaccurate markings on the tires are
inconsequential because the difference between the proper load ranges
and inflation pressures are minimal. FTS bases its conclusion on its
testing of the subject tires using the inaccurate information noted on
its tires, and FTS asserts that the tires ``greatly exceed all FMVSS
testing result requirements.'' Specifically, FTS points out that it
subjected the tested tires to a modified FMVSS No. 119 endurance test
which it states ``is far more demanding than the requirements of FMVSS
119.''
    FTS submitted with its application for exemption from notification
and remedy requirements a copy of eight endurance test reports,
originally written in Chinese, and the English translation of those
reports. FTS states that ``These tests performed using the load
inflation information which appears on the subject tires clearly
indicates that even at the wrong inflation pressure, these tires
greatly exceed FMVSS 119 and are safe.'' FTS additionally states that
``the mislabeling of the tires poses absolutely no safety issue since
even if a user of the tires inflates the tire to the load inflation
pressure contained on the side wall of the subject tire, we know that
the tire greatly exceeds all requirements (i.e. the tires ran almost
three times longer than required by FMVSS 119 at loads increased by 10%
every ten hours (nine times over 130 hours)).''
    In summation, FTS requests that NHTSA deem this issue as
``incidental mislabeling'' as it has no bearing on the safety of the
tires, therefore requests that FTS's petition, to exempt FTS from
providing recall notification of noncompliance as required by 49 U.S.C.
30118 and remedy the recall noncompliance as required by 49 U.S.C.
30120, should be granted.

Parts in Pertinent

Requirements Background

    Paragraph S6.5(d) of FMVSS No. 119 requires in pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each
tire shall be marked on each sidewall with the information specified
in paragraphs (a) through (j) of this section. The markings shall be
placed between the maximum section width (exclusive of sidewall
decorations or curb ribs) and the bead on at least one sidewall,
unless the maximum section width of the tire is located in an area
which is not more than one-fourth of the distance from the bead to
the shoulder of the tire. If the maximum section width falls within
that area, the markings shall

appear between the bead and a point one-half the distance from the
bead to the shoulder of the tire, on at least one sidewall. The
markings shall be in letters and numerals not less than 2 mm (0.078
inch) high and raised above or sunk below the tire surface not less
than 0.4 mm (0.015 inch), except that the marking depth shall be not
less than 0.25mm (0.010 inch) in the case of motorcycle tires. The
tire identification and the DOT symbol labeling shall comply with
part 574 of this chapter. Markings may appear on only one sidewall
and the entire sidewall area may be used in the case of motorcycle
tires and recreational, boat, baggage, and special trailer tires
* * * * *
    (d) The maximum load rating and corresponding inflation pressure
of the tire, shown as follows:
    (Mark on tires rated for single and dual load): max load single
------kg (------lb) at ------kPa (------psi) cold. Max load dual --
----kg (------lb) at ------kPa (------psi) cold.
    (Mark on tires rated only for single load): Max load ------kg
(------lb) at ------kPa (------psi) cold.

    NHTSA'S Analysis of FTS'S Reasoning: Foreign Tire Sales (FTS)
acknowledges that the subject tires are marked with a maximum load
rating higher than the intended correct value and a corresponding
inflation pressure lower than the intended correct value, but contends
that the tires are safe for use based on additional tests conducted at
the incorrectly marked inflation pressure and at loads greater than the
incorrectly marked maximum load rating. The maximum load rating and
corresponding inflation pressure that are erroneously marked on the
subject FTS tires, size 295/75R22.5/14 and 285/75R24.5/14 and of the
correct information for the non-comforming tires as follows: For the
subject 295/75R22.5/14 tires, they are marked Max. Load Single 2800 kg
(6175 lbs) at 720 kPa (105 psi) cold and Max. Load Dual 2650 kg (5840
LBS) at 720 kPa (105 psi) Cold. The correct labeling for these tires
are: Max. Load Single 2800 kg (6175 lbs) at 760 kPa (110 psi) Cold and
Max. Load Dual 2575 kg (5675 lbs) at 760 kPa (110 psi) cold. For the
subject 285/75R24.5/14 tires, they are marked Max. Load Single 3000 kg
(6610 lbs) at 720 kPa (105 psi) cold and Max. Load Dual 2725 kg (6005
lbs) at 720 kpa (105 psi) cold. The correct labeling for these tires
are: Max. Load Single 2800 kg (6175 lbs) at 760 kpa (110 psi) cold and
Max. Load Dual 2575 kg (5675 lbs) at 760 kpa (110 psi) cold.
    The additional testing conducted by FTS on the subject tires to
support its basis that the tires are safe for use consisted of eight
(8) modified FMVSS No. 119 tests, in which the tires were tested at the
incorrectly marked inflation pressure and at loads increased by 10%
every ten hours of testing up to almost three times longer than that
required by FMVSS No. 119. FTS argues that the inaccurate markings on
the subject tires are inconsequential because the difference between
the proper load ranges and inflation pressures are minimal. FTS further
argues that based on its modified FMVSS No. 119 testing, even if a user
of the subject tires inflates the tire to the load inflation pressure
as marked on the sidewall of the subject tires, the tires greatly
exceed FMVSS No. 119 and are safe.
    The Agency does not agree with FTS that the noncompliance of the
subject tires is inconsequential to motor vehicle safety. The Agency
does not consider the difference between the marked load ranges and
inflation pressures of the subject tires as compared to the proper
marking of load ranges and inflation pressures to be minimal. For
example, due to the improper tire marking, the maximum load rating
(single) for the subject 285/75R24.5/14 tires is over-rated by 435 lbs
and the maximum load rating (dual) for the subject 295/75R22.5/14 tires
is over-rated by 165 lbs. Overloading can result in handling or
steering problems, brake failure, and tire failure. An under-inflated
tire is also a safety concern since the greater the under-inflation,
the more the sidewalls of a tire can flex, which increases the internal
heat generated and makes the tire more susceptible to failure.
    In addition, the Agency does not consider eight (8) additional
FMVSS No. 119 endurance tests, even as conducted by FTS with increasing
loads and test durations, an adequate basis to support that the subject
tires are safe for use as improperly marked. The maximum load ratings
and inflation pressures as erroneously marked on the subject tires are
outside the intended safe operating limits of the tires as designed for
manufacture and proper use. The subject tires as improperly marked
indicate a maximum load rating value above that designed for the tire,
along with an inflation pressure lower than that designed for the tire.
A tire loaded above its designed maximum load rating at a corresponding
inflation pressure below the value for which the tire was designed
creates a compounding safety problem which clearly impacts the defined
purpose of FMVSS No. 119, which includes placing ``the correct
information on tires to permit the proper selection and use, and safe
operation of the tire''.
    NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that the petitioner has not met its burden of persuasion that
the noncompliance described is inconsequential to motor vehicle safety.
Accordingly, FTS's petition is hereby denied, and the petitioner must
notify owners, purchasers and dealers pursuant to 49 U.S.C. 30118 and
provide a remedy in accordance with 49 U.S.C. 30120.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8.

    Dated: November 21, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2013-28461 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-59-P


Record for the Final Metal Product and Machinery Rule VARIABLE DESCRIPTIONS FOR RAILMPCT_ FINAL. XLS FINAL MP& M RULE VARIABLE DESCRIPTION WORKSHEET COLUMN CBI FORMULA Sector Sector Abbreviation Values A N RR CPT Coef Cost Pass Through Coefficient Values B N 88.1% Long Name Sector Name Values C N Railroad Total Cost: Baseline Total Costs in the Baseline by Sector, 1996$ Values D Y = SUMIF( Base!$ C$ 7:$ C$ 148, A24, Base!$ E$ 7:$ E$ 148) Change in Costs ( Compliance Costs): Option 1 Total Option 1 Compliance Costs by Sector, 1996$ Values E Y = SUMIF(' O1'!$ C$ 6:$ C$ 148, A24,' O1'!$ J$ 6:$ J$ 148)

Change in Costs ( Compliance Costs): Option 2 Total Option 2 Compliance Costs by Sector, 1996$ Values F Y = SUMIF(' O2'!$ C$ 6:$ C$ 148, A24,' O2'!$ J$ 6:$ J$ 148)

Change in Costs ( Compliance Costs): Option 3 Total Option 3 Compliance Costs by Sector, 1996$ Values G Y = SUMIF(' O3'!$ C$ 6:$ C$ 148, A24,' O3'!$ J$ 6:$ J$ 148)

Change in Costs ( Compliance Costs): Option 4 Total Option 4 Compliance Costs by Sector, 1996$ Values H Y = SUMIF(' O4'!$ C$ 6:$ C$ 148, A24,' O4'!$ J$ 6:$ J$ 148)

Post Compliance Price Change Factor: Option 1 Percent of Post Compliance Price Change in Option 1 Values I N = IF($ D24> 0,($ B24* E24/$ D24)*$ Q24,0)

Post Compliance Price Change Factor: Option 2 Percent of Post Compliance Price Change in Option 2 Values J N = IF($ D24> 0,($ B24* F24/$ D24)*$ Q24,0)

Post Compliance Price Change Factor: Option 3 Percent of Post Compliance Price Change in Option 3 Values K N = IF($ D24> 0,($ B24* G24/$ D24)*$ Q24,0)

Post Compliance Price Change Factor: Option 4 Percent of Post Compliance Price Change in Option 4 Values L N = IF($ D24> 0,($ B24* H24/$ D24)*$ Q24,0)

Moderate Impacts: PTRA Moderate Impact Threshold for PTRA Values M N 3.1% Moderate Impacts: ICR Moderate Impact Threshold for ICR Values N N 2.73 Manufacturing Output, 1996 Manufacturing Output by Sector, Census of Manufacturers, 1996 Values O N 7,067,000,000 Baseline Revenues Total Revenues in the Baseline by Sector, 1996$ Values P Y Percent Regulated Percent of the Industry Regulated by Sector Values Q N = IF( P24/ O24> 1,1, P24/ O24) OP UNIT Railroad Operating Unit Base A N = IF( RawData! B6<>"", RawData! B6,"") Weight Sample Weight Base B Y = SUMIF( FacData!$ A$ 6:$ A$ 29, Base! A7, FacData!$ C$ 6:$ C$ 29) Sector Primary Sector Base C N = IF( ISNA( VLOOKUP($ A7, FacData, 6, FALSE))," UNK", VLOOKUP($ A7, FacData, 6, FALSE))

Avg Revenue Average of Three Years of Revenues from the survey, 1996$ Base D Y = RawData! C6 Average Costs and Expenses: Total Cost Average of Three Years of Total Costs from the survey, 1996$ Base E Y = RawData! D6 Average Costs and Expenses: Interest Average of Three Years of Interest from the survey, 1996$ Base F Y = RawData! E6 Average Costs and Expenses: Taxes Average of Three Years of Taxes from the survey, 1996$ Base G Y = RawData! F6 Average Costs and Expenses: Depr Average of Three Years of Depreciation from the survey, 1996$ Base H Y = RawData! K6 Adjusted Tax Adjusted tax rate includes the tax on interest Base I Y = MAX( 0, G7+( F7* TAX_ RATE)) EBIT Earnings Before Interest and Taxes Base J Y =$ D7$ E7+$ F7+$ G7 Capital Expenditures Capital Expenditures Estimate Base K Y = AN7* 1000000 Test of Net Present Value ( NPV): Unlevered ATCF Unlevered after tax cash flow includes the tax on interest Base L Y = D7 E7+ H7 K7+ F7+ G7 I7 Test of Net Present Value ( NPV): LV Liquidation Value Base M Y = IF( RawData! G6= 0, NA(), RawData! G6) Test of Net Present Value ( NPV): Tax_ Ben Tax Benefit from Liquidation Base N Y =( M7( RawData! J6))* TAX_ RATE Test of Net Present Value ( NPV): NPV Net Present Value Base O Y = L7/ AMORT_ D Test of Severe Impacts: ATCF Is After Tax Cash Flow positive? Yes= 1; No= 0 Base P N 0 Test of Severe Impacts: NPV Is Net Present Value positive? Yes= 1; No= 1 Base Q N = IF($ A7>"", IF( O7>= 0,1,0),"") Test of Severe Impacts: Either Does the site pass either the ATCF or NPV test? 1= Yes; 0= Baseline Closure Base R N = IF( AND($ A7>"", D7= 0), 1, IF($ A7>"", MAX( Q7, P7),""))

Test of Moderate Impacts: EBIT/ Total Assets Pre Tax Return on Sales Base S Y = J7/ Y7 February 14, 2003 1 of 23 RailMPCT_ Final. xls  Var Desc Record for the Final Metal Product and Machinery Rule VARIABLE DESCRIPTIONS FOR RAILMPCT_ FINAL. XLS FINAL MP& M RULE VARIABLE DESCRIPTION WORKSHEET COLUMN CBI FORMULA Test of Moderate Impacts: EBITDA / Interest Expense Interest Coverage Ratio Base T Y = IF( ISERR(( J7+ H7)/ F7), 999,( J7+ H7)/ F7)

Test of Moderate Impacts: Pass? Is the PTRA> 8% and ICR> 4.0? 1= Yes; 0= Moderate Impact Base U N = IF($ C7="","", IF( AND( S7> VLOOKUP($ C7, ModerateThresholds, 13,0), T7> VLOOKUP($ C7, M oderateThresholds, 14,0)), 1,0)) Opp. of W Opposite of Column W Base V N = IF( U7= 1,0,1) Wtd Revs Sample Weighted Revenues, 1996$ Base W Y = B7* D7 Inputs to Capital Expenditures Estimation: Operating Income Operating Income Base X Y = D7 E7 Inputs to Capital Expenditures Estimation: Assets Assets Base Y Y = RawData! J6 Inputs to Capital Expenditures Estimation: ROA Return on Assets Base Z Y = IF( ISERR( X7/ Y7),"", X7/ Y7)

Inputs to Capital Expenditures Estimation: CAPT Capital Turnover Rate Base AA Y = H7/ Y7 Inputs to Capital Expenditures Estimation: CAPI Capital Intensity Base AB Y = Y7/ D7 Inputs to Capital Expenditures Estimation: DEBTCST Debt to Cost Ratio Base AC Y 7.11 Inputs to Capital Expenditures Estimation: CAPPRC Price of Capital Equipment Base AD Y 135.4 Inputs to Capital Expenditures Estimation: CAPUTIL Capacity Utilization Base AE Y 73.69 Estimation of Capital Expenditures: CAPEX Capital Expenditures Base AF Y = EXP( AF$ 4)

Estimation of Capital Expenditures: ROA Return on Assets Base AG Y =( Z7+ 0.3134659)^ AG$ 4 Estimation of Capital Expenditures: REVENUE Revenue Base AH Y =( D7/ 1000000)^ AH$ 4 Estimation of Capital Expenditures: CAPT Capital Turnover Rate Base AI Y = AA7^ AI$ 4 Estimation of Capital Expenditures: CAPI Capital Intensity Base AJ Y = AB7^ AJ$ 4 Estimation of Capital Expenditures: DEBTCST Debt to Cost Ratio Base AK Y = AC7^ AK$ 4 Estimation of Capital Expenditures: CAPPRC Price of Capital Equipment Base AL Y = AD7^ AL$ 4 Estimation of Capital Expenditures: CAPUTIL Capacity Utilization Base AM Y = AE7^ AM$ 4 Estimation of Capital Expenditures: CAPEX ( mil) Capital expenditures ( millions) Base AN Y = PRODUCT( AF7: AM7)

OP_ UNIT Railroad Operating Unit O1, O2, O3, O4 A N = RawData! B6 Weight Sample Weight O1, O2, O3, O4 B Y = Base! B7 Sector Primary Sector O1, O2, O3, O4 C N = Base! C7 Unweighted Compliance Cost: Capital Capital Compliance Costs, 1996$ O1, O2, O3, O4 D Y = SUMIF( Costs!$ B$ 5:$ B$ 28,' O1'!$ A7, Costs! C$ 5: C$ 28) Unweighted Compliance Cost: Recurring Annual Compliance Costs, 1996$ O1, O2, O3, O4 E Y = SUMIF( Costs!$ B$ 5:$ B$ 28,' O1'!$ A7, Costs! D$ 5: D$ 28)

Unweighted Compliance Cost: Other Other Compliance Costs, 1996$ O1, O2, O3, O4 F N Unweighted Compliance Cost: Pvt_ Cost( AT) After tax Compliance Costs, 1996$ O1, O2, O3, O4 G Y = IF( ISNA( L7), 0, J7( K7* TAX_ RATE)+ L7)

Unweighted Compliance Cost: Soc_ Cost ( BT) Before tax Compliance Costs, 1996$ O1, O2, O3, O4 H Y = IF( OR( ISNA( F7), ISERR( F7)), 0, E7+ D7* AMORT_ O)

Revenue Change Change in Revenue based on Cost Pass Through Coefficient O1, O2, O3, O4 I Y = IF($ A7>"", VLOOKUP( C7, Dprice, I$ 1, FALSE)* Base! D7,0)

Changes in Average Costs and Expenses: Ann_ Cost Annualized Compliance Costs O1, O2, O3, O4 J Y = IF( OR( ISNA( F7), ISERR( F7)), 0, E7+ D7* AMORT_ D)

Changes in Average Costs and Expenses: Interest Change in Interest from Baseline O1, O2, O3, O4 K Y = D7* 0.0485 February 14, 2003 2 of 23 RailMPCT_ Final. xls  Var Desc Record for the Final Metal Product and Machinery Rule VARIABLE DESCRIPTIONS FOR RAILMPCT_ FINAL. XLS FINAL MP& M RULE VARIABLE DESCRIPTION WORKSHEET COLUMN CBI FORMULA Changes in Average Costs and Expenses: Taxes Change in Taxes from Baseline O1, O2, O3, O4 L Y =( MIN( Base! I7,(( I7 E7 M7)* TAX_ RATE)* 1))* 1 Changes in Average Costs and Expenses: Depr Change in Depreciation from Baseline O1, O2, O3, O4 M Y = D7/ DEP_ YRS O1, O2, O3, O4 N Test of Net Present Value ( NPV): After Tax Cash Flow ( ATCF) After Tax Cash Flow O1, O2, O3, O4 O Y = Base! L7+( I7 E7) L7 Test of Net Present Value ( NPV): NPV Discounted Cash Flow O1, O2, O3, O4 P Y = IF( ISNA( D7), O7/ AMORT_ D, O7/ AMORT_ D D7) Test of Severe Impacts ( unwgtd): ATCF Is After Tax Cash Flow positive? Yes= 1; No= 0 O1, O2, O3, O4 Q N 0 Test of Severe Impacts ( unwgtd): NPV Is Net Present Value positive? Yes= 1; No= 1 O1, O2, O3, O4 R N = IF($ A7>"", IF( P7>= 0,1,0),"") Test of Severe Impacts ( unwgtd): Either Does the site pass either the ATCF or NPV test? 1= Yes; 0= Baseline Closure O1, O2, O3, O4 S N = IF( AND($ A7>"", Base! D7= 0), 1, IF($ A7>"", MAX( R7, Q7),""))

Test of Severe Impacts ( unwgtd): Incr? Is there an incremental failure from the baseline? 0= No; 1= Post compliance Closure O1, O2, O3, O4 T N = IF( OR( Base! D7= 0, Base! E7= 0), 0, IF($ A7>"", IF( S7= 0, IF( Base! R7= 1,1,0), IF( AND( S7= 1, Base ! R7= 0), 1,0)),"")) Test of Severe Impacts ( wgtd): Incr? Weighted Post Compliance Closures O1, O2, O3, O4 U Y = T7*$ B7 Test of Moderate Impacts: EBIT Earnings Before Interest and Taxes O1, O2, O3, O4 V Y =( Base! J7+ I7) E7 M7 Test of Moderate Impacts: EBIT/ Total Assets Pre Tax Return on Sales O1, O2, O3, O4 W Y = V7/ Base! Y7 Test of Moderate Impacts: EBITDA / Interest Expense Interest Coverage Ratio O1, O2, O3, O4 X Y = IF( ISERR(( V7+( M7+ Base! H7))/( K7+ Base! F7)), 999,( V7+( M7+ Base! H7))/( K7+ Base! F7))

Test of Moderate Impacts: Incr? Is there an incremental failure from the baseline? 0= No; 1= Post compliance Moderate Impact O1, O2, O3, O4 Y N = IF($ C7="","", IF( AND($ A7>"", Base! D7= 0), 0, IF( Base! U7= 0,0, IF( AND( W7> VLOOKUP($ C7, ModerateThresholds, 13,0), X7> VLOOKUP($ C7, ModerateThresholds, 14,0)), 0,1))))

Post Compliance Revenue Post Compliance Revenue O1, O2, O3, O4 Z Y = Base!$ D7+$ I7 ACC as % of PCR Annual Compliance Cost as a percent of Post Compliance Revenue O1, O2, O3, O4 AA Y = J7/ Z7 OP UNIT Railroad Operating Unit RawData B N = TEXT( N6,0) REV_ AVG Average Revenue RawData C Y = IF( ISERR( SUMIF( AO6: AQ6,"> 0")/ COUNTIF( AO6: AQ6,"> 0")), 0, SUMIF( AO6: AQ6,"> 0")/ CO UNTIF( AO6: AQ6,"> 0")) COST_ TOT Total Costs RawData D Y = IF( ISERR( SUMIF( AR6: AT6,"> 0")/ COUNTIF( AR6: AT6,"> 0")), 0, SUMIF( AR6: AT6,"> 0")/ COU NTIF( AR6: AT6,"> 0")) COST_ INT Interest RawData E Y = IF( ISERR( SUMIF( AU6: AW6,"> 0")/ COUNTIF( AU6: AW6,"> 0")), 0, SUMIF( AU6: AW6,"> 0")/ C OUNTIF( AU6: AW6,"> 0")) COST_ TAX Taxes RawData F Y = IF( ISERR( SUMIF( AX6: AZ6,"> 0")/ COUNTIF( AX6: AZ6,"> 0")), 0, SUMIF( AX6: AZ6,"> 0")/ COU NTIF( AX6: AZ6,"> 0")) LV_ NET Net LV RawData G Y INT Interest Rate, Site RawData H Y = IF( ISBLANK( AB6), Int_ Rate, AB6/ 100) DEBT Total Debt RawData I Y = IF( ISERR( SUMIF( BA6: BC6,"> 0")/ COUNTIF( BA6: BC6,"> 0")), 0, SUMIF( BA6: BC6,"> 0")/ COU NTIF( BA6: BC6,"> 0"))+ IF( ISERR( SUMIF( BD6: BF6,"> 0")/ COUNTIF( BD6: BF6,"> 0")), 0, SUMIF ( BD6: BF6,"> 0")/ COUNTIF( BD6: BF6,"> 0")) ASSETS Total Assets RawData J Y = IF( ISERR( SUMIF( BG6: BI6,"> 0")/ COUNTIF( BG6: BI6,"> 0")), 0, SUMIF( BG6: BI6,"> 0")/ COUN TIF( BG6: BI6,"> 0")) DEPR Depreciation Expense RawData K Y = IF( ISERR( SUMIF( BJ6: BL6,"> 0")/ COUNTIF( BJ6: BL6,"> 0")), 0, SUMIF( BJ6: BL6,"> 0")/ COUN TIF( BJ6: BL6,"> 0")) CURR_ LIA Current Liabilities RawData L Y = IF( ISERR( SUMIF( BA6: BC6,"> 0")/ COUNTIF( BA6: BC6,"> 0")), 0, SUMIF( BA6: BC6,"> 0")/ COU NTIF( BA6: BC6,"> 0")) NON_ LIA Non Current Liabilities RawData M Y = IF( ISERR( SUMIF( BD6: BF6,"> 0")/ COUNTIF( BD6: BF6,"> 0")), 0, SUMIF( BD6: BF6,"> 0")/ COU NTIF( BD6: BF6,"> 0")) Op_ Unit Railroad Operating Unit RawData N Y = IF( ISERR( SUMIF( BD6: BF6,"> 0")/ COUNTIF( BD6: BF6,"> 0")), 0, SUMIF( BD6: BF6,"> 0")/ COU NTIF( BD6: BF6,"> 0")) TYPE Survey Type RawData O Y REVENU94 Total Revenue  1994 RawData P Y REVENU95 Total Revenue  1995 RawData Q Y REVENU96 Total Revenue  1996 RawData R Y TOTAL94 Total Costs and Expenses  1994 RawData S Y TOTAL95 Total Costs and Expenses  1995 RawData T Y TOTAL96 Total Costs and Expenses  1996 RawData U Y February 14, 2003 3 of 23 RailMPCT_ Final. xls  Var Desc Record for the Final Metal Product and Machinery Rule VARIABLE DESCRIPTIONS FOR RAILMPCT_ FINAL. XLS FINAL MP& M RULE VARIABLE DESCRIPTION WORKSHEET COLUMN CBI FORMULA INTRST94 Interest Expense  1994 RawData V Y INTRST95 Interest Expense  1995 RawData W Y INTRST96 Interest Expense  1996 RawData X Y TAXES94 Taxes  1994 RawData Y Y TAXES95 Taxes  1995 RawData Z Y TAXES96 Taxes  1996 RawData AA Y INT_ RATE Interest Rate  1996 RawData AB Y CURLIA94 Current Liabilities  1994 RawData AC Y CURLIA95 Current Liabilities  1995 RawData AD Y CURLIA96 Current Liabilities  1996 RawData AE Y NONLIA94 Noncurrent Liabilities  1994 RawData AF Y NONLIA95 Noncurrent Liabilities  1995 RawData AG Y NONLIA96 Noncurrent Liabilities  1996 RawData AH Y TOTASS94 Total Assets  1994 RawData AI Y TOTASS95 Total Assets  1995 RawData AJ Y TOTASS96 Total Assets  1996 RawData AK Y DEPREC94 Depreciation Expense  1994 RawData AL Y DEPREC95 Depreciation Expense  1995 RawData AM Y DEPREC96 Depreciation Expense  1996 RawData AN Y REVENU94 Total Revenue  1994, converted to 1996$ RawData AO Y = P6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94) REVENU95 Total Revenue  1995, converted to 1996$ RawData AP Y = Q6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95) REVENU96 Total Revenue  1996$ RawData AQ Y = R6 TOTAL94 Total Costs and Expenses  1994, converted to 1996$ RawData AR Y = S6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94)

TOTAL95 Total Costs and Expenses  1995, converted to 1996$ RawData AS Y = T6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95)

TOTAL96 Total Costs and Expenses  1996$ RawData AT Y = U6 INTRST94 Interest Expense  1994, converted to 1996$ RawData AU Y = V6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94) INTRST95 Interest Expense  1995, converted to 1996$ RawData AV Y = W6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95) INTRST96 Interest Expense  1996$ RawData AW Y = X6 TAXES94 Taxes  1994, converted to 1996$ RawData AX Y = Y6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94) TAXES95 Taxes  1995, converted to 1996$ RawData AY Y = Z6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95) TAXES96 Taxes  1996$ RawData AZ Y = AA6 CURLIA94 Current Liabilities  1994, converted to 1996$ RawData BA Y = AC6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94) CURLIA95 Current Liabilities  1995, converted to 1996$ RawData BB Y = AD6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95) CURLIA96 Current Liabilities  1996$ RawData BC Y = AE6 NONLIA94 Noncurrent Liabilities  1994, converted to 1996$ RawData BD Y = AF6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94)

NONLIA95 Noncurrent Liabilities  1995, converted to 1996$ RawData BE Y = AG6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95)

NONLIA96 Noncurrent Liabilities  1996$ RawData BF Y = AH6 TOTASS94 Total Assets  1994, converted to 1996$ RawData BG Y = AI6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94) TOTASS95 Total Assets  1995, converted to 1996$ RawData BH Y = AJ6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95) TOTASS96 Total Assets  1996$ RawData BI Y = AK6 DEPREC94 Depreciation Expense  1994, converted to 1996$ RawData BJ Y = AL6*( 1+( PPI_ 96 PPI_ 94)/ PPI_ 94)

DEPREC95 Depreciation Expense  1995, converted to 1996$ RawData BK Y = AM6*( 1+( PPI_ 96 PPI_ 95)/ PPI_ 95)

DEPREC96 Depreciation Expense  1996$ RawData BL Y = AN6 Op Unit Operating Unit ID FacData A Y = Costs! B5 SID Survey ID FacData B N = Costs! A5 Weight Sample Weight FacData C Y = VLOOKUP($ B6,[ FacData_ Final. xls] FacData!$ A$ 7:$ K$ 1000, C$ 3,0) Firm FTE Firm Employees FacData D Y Small Owned by a Small Entity? FacData E Y = IF( D6> E$ 2," Large", IF( D6< E$ 2," Small"," n/ a")) Sector Primary Sector FacData F Y = VLOOKUP($ B6,[ FacData_ Final. xls] FacData!$ A$ 7:$ K$ 1000, F$ 3,0) Subcat Subcategory FacData G Y = VLOOKUP($ B6,[ FacData_ Final. xls] FacData!$ A$ 7:$ K$ 1000, G$ 3,0) Flow Flow Category Range FacData H Y = VLOOKUP($ B6,[ FacData_ Final. xls] FacData!$ A$ 7:$ K$ 1000, H$ 3,0)

February 14, 2003 4 of 23 RailMPCT_ Final. xls  Var Desc Record for the Final Metal Product and Machinery Rule VARIABLE DESCRIPTIONS FOR RAILMPCT_ FINAL. XLS FINAL MP& M RULE VARIABLE DESCRIPTION WORKSHEET COLUMN CBI FORMULA Dir Discharger Type: D= Direct; I= Indirect FacData I N = VLOOKUP($ B6,[ FacData_ Final. xls] FacData!$ A$ 7:$ K$ 1000, I$ 3,0) SID Survey ID Costs A N OP UNIT Railroad Operating Unit Costs B Y CapCst1 Option 1 Capital Costs, 1996 Costs C Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, C$ 1,0) AnnCst1 Option 1 Annual Costs, 1996 Costs D Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, D$ 1,0) CC1_ 96 Option 1 Costs Annualized at 7% over 15 years, 1996 Costs E Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, E$ 1,0)

CapCst2 Option 2 Capital Costs, 1996 Costs F Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, F$ 1,0) AnnCst2 Option 2 Annual Costs, 1996 Costs G Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, G$ 1,0) CC2_ 96 Option 2 Costs Annualized at 7% over 15 years, 1996 Costs H Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, H$ 1,0)

CapCst3 Option 3 Capital Costs, 1996 Costs I Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, I$ 1,0) AnnCst3 Option 3 Annual Costs, 1996 Costs J Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, J$ 1,0) CC3_ 96 Option 3 Costs Annualized at 7% over 15 years, 1996 Costs K Y = VLOOKUP($ A5,'[ CompCost_ Final. xls] 1996'!$ A$ 7:$ S$ 1399, K$ 1,0)

February 14, 2003 5 of 23 RailMPCT_ Final. xls  Var Desc Record for the Final Metal Product and Machinery Rule Constants and Other Numeric Values blue numbers are exogenous PPI94 122.6 Sector specific PPI for the railroad sector, 1994 PPI95 127.6 Sector specific PPI for the railroad sector, 1995 PPI96 129.6 Sector specific PPI for the railroad sector, 1996 RATE_ D 0.07 discount rate for amortization RATE_ O 0.07 OMB discount rate for social opportunity cost PERIOD 15 Number of years amortized AMORT_ D 0.109794625 Amortization factor, 15 years AMORT_ O 0.109794625 Amortization factor, 15 years, OMB rate INFL 0.05 CPI U Inflation rate, 1996 TAX_ RATE 0.39 Marginal corporate tax rate DEP_ YRS 15 Number of years depreciated INT_ RATE 0.07 9 10 11 12 13 Total Cost Change in Costs ( Compliance Costs) Post Compliance Price Change Factor Sector CPT Coef Long Name Baseline Option 1 Option 2 Option 3 Option 4 Option 1 Option 2 Option 3 Option 4 PTRA RR 88.1% Railroad 0.00% 0.00% 0.00% 0.00% 3.1% Moderate Impacts February 14, 2003 6 of 23 RailMPCT_ Final. xls  Values Record for the Final Metal Product and Machinery Rule 14 Percent of Industry Regulated ICR Manufacturing Output, 1996 Baseline Revenues Percent Regulated 2.7 7,067,000,000 0.0% Moderate Impacts February 14, 2003 7 of 23 RailMPCT_ Final. xls  Values Record for the Final Metal Product and Machinery Rule Baseline Financial Data Final MP& M Rule Pass Tests? Test of Moderate Impacts OP UNIT Weight Sector Avg Revenue Total Cost Interest Taxes Depr Adjusted Tax EBIT Capital Expenditures Unlevered ATCF LV Tax_ Ben NPV ATCF NPV Either EBIT/ Total Assets OU 1 RR 0 1 1 OU 2 RR 0 1 1 OU 3 RR 0 1 1 OU 4 RR 0 1 1 OU 5 RR 0 1 1 OU 6 RR 0 0 1 OU 8 RR 0 0 0 OU 10 RR 0 1 1 OU 11 RR 0 1 1 Average Costs and Expenses Test of Net Present Value ( NPV)

February 14, 2003 8 of 23 RailMPCT_ Final. xls  Base Record for the Final Metal Product and Machinery Rule  2.0774 0.6182 1.0248 0.5995 0.9765  0.2050  0.4779 0.9043 Test of Moderate Impacts Inputs to Capital Expenditures Estimation Estimation of Capital Expenditures EBITDA / Interest Expense Pass? Opp. of W Wtd Revs Operating Income Assets ROA CAPT CAPI DEBTCST CAPPRC CAPUTIL CAPEX ROA REVENUE CAPT CAPI DEBTCST CAPPRC CAPUTIL CAPEX ( mil) 1 0 1 0 1 0 1 0 1 0 0 1 0 1 1 0 1 0 February 14, 2003 9 of 23 RailMPCT_ Final. xls  Base Record for the Final Metal Product and Machinery Rule Option = 1 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 Facility Impacts: Option 1 ( Oily Wastes Directs) Final MP& M Rule Unweighted Compliance Cost Option 1 Changes in Average Costs and Expenses Test of Net Present Value ( NPV) Pass Tests? Unweighted OP UNIT Weight Sector Capital Recurring Other Pvt_ Cost( AT) Soc_ Cost ( BT) Revenue Change Ann_ Cost Interest Taxes Depr After Tax Cash Flow ( ATCF) NPV ATCF NPV Either OU 1 RR 0 1 1 OU 2 RR 0 1 1 OU 3 RR 0 1 1 OU 4 RR 0 1 1 OU 5 RR 0 1 1 OU 6 RR 0 0 0 OU 8 RR 0 0 0 OU 10 RR 0 1 1 OU 11 RR 0 1 1 February 14, 2003 10 of 23 RailMPCT_ Final. xls  O1 Record for the Final Metal Product and Machinery Rule 20 21 22 23 24 25 26 27 Tests? Unweighted Test of Moderate Impacts Incr? Wgtd Incr? EBIT EBIT/ Total Assets EBITDA / Interest Expense Incr? Post Compliance Revenue ACC as % of PCR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 February 14, 2003 11 of 23 RailMPCT_ Final. xls  O1 Record for the Final Metal Product and Machinery Rule Option = 2 3 4 5 6 7 8 10 10 11 12 13 15 16 17 18 Facility Impacts: Option 2 ( Proposed/ NODA Option) Final MP& M Rule Unweighted Compliance Cost Option 2 Changes in Average Costs and Expenses Test of Net Present Value ( NPV) Pass Tests? Unweighted OP UNIT Weight Sector Capital Recurring Other Pvt_ Cost( AT) Soc_ Cost ( BT) Revenue Change Ann_ Cost Interest Taxes Depr After Tax Cash Flow ( ATCF) NPV ATCF NPV OU 1 RR 0 1 OU 2 RR 0 1 OU 3 RR 0 1 OU 4 RR 0 1 OU 5 RR 0 1 OU 6 RR 0 0 OU 8 RR 0 0 OU 10 RR 0 1 OU 11 RR 0 1 February 14, 2003 12 of 23 RailMPCT_ Final. xls  O2 Record for the Final Metal Product and Machinery Rule 19 20 21 22 23 24 25 26 27 Pass Tests? Unweighted Test of Moderate Impacts Either Incr? Wgtd Incr? EBIT EBIT/ Total Assets EBITDA / Interest Expense Incr? Post Compliance Revenue ACC as % of PCR 1 0 0 1 0 0 1 0 0 1 0 0 1 0 0 0 0 0 0 0 0 1 0 0 1 0 0 February 14, 2003 13 of 23 RailMPCT_ Final. xls  O2 Record for the Final Metal Product and Machinery Rule Option = 3 11 Facility Impacts: Option 3 ( Directs + 413 to 433 Upgrade) Final MP& M Rule Unweighted Compliance Cost Option 3 Changes in Average Costs and Expenses Test of Net Present Value ( NPV) Pass Tests? Unweighted OP UNIT Weight Sector Capital Recurring Other Pvt_ Cost( AT) Soc_ Cost ( BT) Revenue Change Ann_ Cost Interest Taxes Depr After Tax Cash Flow ( ATCF) NPV ATCF NPV OU 1 RR 0 1 OU 2 RR 0 1 OU 3 RR 0 1 OU 4 RR 0 1 OU 5 RR 0 1 OU 6 RR 0 0 OU 8 RR 0 0 OU 10 RR 0 1 OU 11 RR 0 1 February 14, 2003 14 of 23 RailMPCT_ Final. xls  O3 Record for the Final Metal Product and Machinery Rule Pass Tests? Unweighted Test of Moderate Impacts Either Incr? Wgtd Incr? EBIT EBIT/ Total Assets EBITDA / Interest Expense Incr? Post Compliance Revenue ACC as % of PCR 1 0 0 1 0 0 1 0 0 1 0 0 1 0 0 0 0 0 0 0 0 1 0 0 1 0 0 February 14, 2003 15 of 23 RailMPCT_ Final. xls  O3 Record for the Final Metal Product and Machinery Rule Option = 4 12 Facility Impacts: Option 4 ( Directs + All to 433 Upgrade) Final MP& M Rule Unweighted Compliance Cost Option 4 Changes in Average Costs and Expenses Test of Net Present Value ( NPV) Pass Tests? Unweighted OP UNIT Weight Sector Capital Recurring Other Pvt_ Cost( AT) Soc_ Cost ( BT) Revenue Change Ann_ Cost Interest Taxes Depr After Tax Cash Flow ( ATCF) NPV ATCF NPV OU 1 RR 0 1 OU 2 RR 0 1 OU 3 RR 0 1 OU 4 RR 0 1 OU 5 RR 0 1 OU 6 RR 0 0 OU 8 RR 0 0 OU 10 RR 0 1 OU 11 RR 0 1 February 14, 2003 16 of 23 RailMPCT_ Final. xls  O4 Record for the Final Metal Product and Machinery Rule Pass Tests? Unweighted Test of Moderate Impacts Either Incr? Wgtd Incr? EBIT EBIT/ Total Assets EBITDA / Interest Expense Incr? Post Compliance Revenue ACC as % of PCR 1 0 0 1 0 0 1 0 0 1 0 0 1 0 0 0 0 0 0 0 0 1 0 0 1 0 0 February 14, 2003 17 of 23 RailMPCT_ Final. xls  O4 Record for the Final Metal Product and Machinery Rule SURVEY DATA Data comes from Sect4a01. xls Description Operating Unit Average Revenue Total Costs Interest Taxes Net LV Interest Rate, Site Total Debt Total Assets Depreciation Expense Current Liabilities Non Current Liabilities SURVEY DATA Access Variable Name OP UNIT REV_ AVG COST_ TOT COST_ INT COST_ TAX LV_ NET INT DEBT ASSETS DEPR CURR_ LIA NON_ LIA Op_ Unit TYPE OU 1 OU 2 OU 3 OU 4 OU 5 OU 6 OU 8 OU 10 OU 11 February 14, 2003 18 of 23 RailMPCT_ Final. xls  RawData Record for the Final Metal Product and Machinery Rule REVENU94 REVENU95 REVENU96 TOTAL94 TOTAL95 TOTAL96 INTRST94 INTRST95 INTRST96 TAXES94 TAXES95 TAXES96 INT_ RATE CURLIA94 CURLIA95 CURLIA96 NONLIA94 NONLIA95 February 14, 2003 19 of 23 RailMPCT_ Final. xls  RawData Record for the Final Metal Product and Machinery Rule CONVERTS ALL SURVEY DATA TO $ 1996 NONLIA96 TOTASS94 TOTASS95 TOTASS96 DEPREC94 DEPREC95 DEPREC96 REVENU94 REVENU95 REVENU96 TOTAL94 TOTAL95 TOTAL96 INTRST94 INTRST95 February 14, 2003 20 of 23 RailMPCT_ Final. xls  RawData Record for the Final Metal Product and Machinery Rule INTRST96 TAXES94 TAXES95 TAXES96 CURLIA94 CURLIA95 CURLIA96 NONLIA94 NONLIA95 NONLIA96 TOTASS94 TOTASS95 TOTASS96 DEPREC94 DEPREC95 DEPREC96 February 14, 2003 21 of 23 RailMPCT_ Final. xls  RawData Record for the Final Metal Product and Machinery Rule Facility Characteristics Small Business Threshold for Railroad Facilities 1,500 From FACDATA_ FINAL. XLS 6 4 3 8 5 11 Op Unit SID Weight Firm FTE Small Sector Subcat Flow Dir 80 I 124 D 145 I 158 I 194 I 236 I 238 I 352 I 373 I 382 I 436 I 500 I 562 I 572 I 596 I 620 I 638 I 659 I 698 I 761 I 798 I 835 I 852 D 881 I February 14, 2003 22 of 23 RailMPCT_ Final. xls  FacData Record for the Final Metal Product and Machinery Rule 5 6 7 8 9 10 11 12 13 14 15 16 FINAL MP& M RULE Option 1 Option 2 Option 3 Option 4 SID Op_ Unit CapCst1 AnnCst1 CC1_ 96 CapCst2 AnnCst2 CC2_ 96 CapCst3 AnnCst3 CC3_ 96 CapCst4 AnnCst4 CC4_ 96 80 124 145 158 194 236 238 352 373 382 436 500 562 572 596 620 638 659 698 761 798 835 852 881 February 14, 2003 23 of 23 RailMPCT_ Final. xls  Costs


[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Proposed Rules]
[Page 38160-38162]
[DOCID:fr03jy08-15]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0685; Directorate Identifier 2008-CE-039-AD]
RIN 2120-AA64

Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT
Powered Sailplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

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

    AD 2007-0315-E was issued to address a possible fuel leakage in
the gear compartment in front of the engine and mandated inspections
and replacement of fuel plastic-made connectors by connectors made
of metal. Since its publication, another fuel leakage has been
reported on a S10-VT which had implemented the STEMME Service
Bulletin (SB) A31-10-082 as required by AD 2007-0315-E.
    It has been determined that the fuel leak may have been caused
by the deformation that the originally installed clamps created on
the fuel hoses and thus preventing the new clamps from being
sufficiently pinched to perform a correct tightening.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 4, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; 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-2008-0685;
Directorate Identifier 2008-CE-039-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On May 23, 2008, we issued AD 2008-11-20, Amendment 39-15543 (73 FR
31355; June 2, 2008). That AD required actions intended to address an
unsafe condition on the products listed above.
    AD 2008-11-20 was issued as an interim action in order to address
the need for the immediate prevention of leaks in the area of the fuel
line.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency AD No. 2008-0053-E, dated March 5, 2008 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products.
    The EASA AD requires mandatory replacement of STEMME part number
(P/N) M476 single-ear clamps in the fuel system with P/N 10M-181
single-ear clamps on all affected sailplanes within 12 months after the
effective date of the AD.
    The Administrative Procedure Act does not permit the FAA to
``bootstrap'' a long-term requirement into an urgent safety of flight
action where the rule becomes effective at the same time the public has
the opportunity to comment. The short-term action and the long-term
action are analyzed separately for justification to bypass prior public
notice.
    We are issuing this AD to address the mandatory replacement of all
P/Ns M476 in the fuel system with P/Ns 10M-181.

Relevant Service Information

    STEMME F & D has issued Service Bulletin A31-10-083, Am-Index:
01.a, dated February 26, 2008. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Differences Between This Proposed AD and the MCAI or Service
Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
will affect 46 products of U.S. registry. We also estimate that it
would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $11,040, or $240 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15543 (73 FR
31355; June 2, 2008), and adding the following new AD:

Stemme GmbH & Co. KG: Docket No. FAA-2008-0685; Directorate
Identifier 2008-CE-039-AD.

Comments Due Date

    (a) We must receive comments by August 4, 2008.

Affected ADs

    (b) This AD supersedes AD 2008-11-20, Amendment 39-15543.

Applicability

    (c) This AD applies to Model S10-VT powered sailplanes, serial
numbers 11-001 through 11-112, certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    AD 2007-0315-E was issued to address a possible fuel leakage in
the gear compartment in front of the engine and mandated inspections
and replacement of fuel plastic-made connectors by connectors made
of metal. Since its publication, another fuel leakage has been
reported on a S10-VT which had implemented the STEMME Service
Bulletin (SB) A31-10-082 as required by AD 2007-0315-E.
    It has been determined that the fuel leak may have been caused
by the deformation that the originally installed clamps created on
the fuel hoses and thus preventing the new clamps from being
sufficiently pinched to perform a correct tightening.
    The present Airworthiness Directive (AD) supersedes AD 2007-
0315-E and requires you to check the fuel system according to the
STEMME SB A31-10-083 as well as to replace single-ear clamps and
plastic connectors.
    The actions specified by this AD are intended to reduce the
potential for a fire to ignite and which could lead to loss of
control of the sailplane.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all sailplanes affected by this AD, except for serial
numbers 11-036, 11-067, 11-068, and 11-090: Before further flight
after March 21, 2008 (the compliance date retained from AD 2008-03-
06, which was superseded by AD 2008-11-20), replace all plastic T-
and Y-connectors in the fuel system with metal connectors. Do the
replacements following STEMME F & D Service Bulletin A31-10-082,
AM.-Index: 01.a, dated November 30, 2007.

    Note: Serial numbers 11-036, 11-067, 11-068, and 11-090 had the
plastic T- and Y-connectors in the fuel system replaced with metal
connectors by the manufacturer.

    (2) For all sailplanes affected by this AD: Before further
flight after June 23, 2008 (the compliance date retained from AD
2008-11-20), inspect the fuel system for possible leakage. Do the
inspection following STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.a, dated February 26, 2008.
    (3) For all sailplanes affected by this AD: If any leak is found
during the inspection required in paragraph (f)(2) of this AD,
before further flight, repair the leak following an FAA-approved
procedure (the appropriate maintenance manual contains these
procedures) and replace all STEMME part number (P/N) M476 single-ear
clamps in the fuel system with P/N 10M-181 single-ear clamps. Do the
replacements following STEMME F & D Service Bulletin A31-10-

083, Am-Index: 01.a, dated February 26, 2008.
    (4) For sailplanes that had P/Ns M476 replaced with P/Ns 10M-181
in compliance with AD 2008-11-20: Before further flight after the
effective date of this AD, do a leak test as specified in STEMME F &
D Service Bulletin A31-10-083, Am-Index: 01.a, dated February 26,
2008.
    (5) If a leak is found during the leak test required in
paragraph (f)(4) of this AD, before further flight, repair the leak
following an FAA-approved procedure. The appropriate maintenance
manual contains these procedures.
    (6) For all sailplanes affected by this AD: If no leak is found
during the inspection required in paragraph (f)(2) of this AD,
within the next 12 months after the effective date of this AD,
replace all P/Ns M476 in the fuel system with P/Ns 10M-181. Do the
replacements following STEMME F & D Service Bulletin A31-10-083, Am-
Index: 01.a, dated February 26, 2008.
    (7) Before further flight after doing the replacement required
in paragraph (f)(6) of this AD, do a leak test as specified in
STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a, dated
February 26, 2008.
    (8) If a leak is found during the leak test required in
paragraph (f)(7) of this AD, before further flight, repair the leak
following an FAA-approved procedure. The appropriate maintenance
manual contains these procedures.
    (9) For all sailplanes affected by this AD: After June 23, 2008
(the compliance date retained from AD 2008-11-20), do not install
plastic ``T'' and ``Y'' shape connectors and P/N M476 single-ear
clamps in the fuel system.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax: (816) 329-409. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Emergency AD No. 2008-0053-E, dated March 5, 2008; STEMME F & D
Service Bulletin A31-10-082, AM.-Index: 01.a, dated November 30,
2007; and STEMME F & D Service Bulletin A31-10-083, Am-Index: 01.a,
dated February 26, 2008, for related information.

    Issued in Kansas City, Missouri, on June 27, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-15177 Filed 7-2-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Page 44359]
[FR Doc No: 2020-15837]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-13]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the Information Collection Requests (ICRs) abstracted below to the
Office of Management and Budget (OMB) for review and comment. These
ICRs describe the information collections and their expected burdens.
On April 22, 2020, FRA published a notice providing a 60-day period for
public comment on the ICRs.

DATES: Interested persons are invited to submit comments on or before
August 21, 2020.

ADDRESSES: Written comments and recommendations for the proposed ICRs
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, Federal Railroad Administration, telephone (202)
493-0440, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On April 22, 2020, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICRs for which it is now seeking OMB approval. See 85 FR 22512. FRA
received two anonymous comments in response to this notice. One
commenter expressed support for this ICR, indicating that updates to
the PRA information positively impacts crews and passengers; the other
did not address FRA's information collection activities.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication to best ensure having their full effect.
    Comments are invited on the following ICRs regarding: (1) Whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Locomotive Cab Sanitation.
    OMB Control Number: 2130-0552.
    Abstract: FRA's locomotive cab sanitation standards, 49 CFR 229.137
and 229.139, prescribe minimum standards for the locomotive cab
sanitation compartment, including the toilet facility. FRA uses the
information collection associated with these provisions to promote rail
safety and locomotive crew member health by ensuring crew member access
to a functioning and sanitary toilet facility and that railroads timely
remediate defective and unsanitary conditions in the sanitation
compartment.
    Type of Request: Extension without change of a currently approved
information collection.
    Affected Public: Businesses (railroads).
    Form(s): N/A.
    Respondent Universe: 746 railroads.
    Frequency of Submission: One-time.
    Total Estimated Annual Responses: 113,256.
    Total Estimated Annual Burden: 1,272 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $96,672.
    Title: Locomotive Crashworthiness.
    OMB Control Number: 2130-0564.
    Abstract: Under 49 CFR part 229, subpart D, FRA prescribes minimum
crashworthiness standards for locomotives. These crashworthiness
standards are intended to help protect locomotive cab occupants in the
event of a train collision or derailment. FRA uses this collection of
information to ensure railroads operate locomotives that meet the
prescribed minimum performance standards and design load requirements
for newly manufactured and re-manufactured locomotives.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses/Public/Interested Parties.
    Form(s): N/A.
    Respondent Universe: 746 railroads/4 locomotive manufacturers.
    Frequency of Submission: On occasion; one-time.
    Total Estimated Annual Responses: 546.
    Total Estimated Annual Burden: 507 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $38,532.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020-15837 Filed 7-21-20; 8:45 am]
BILLING CODE 4910-06-P