[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42609-42611]
[FR Doc No: 2023-14003]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-T;
Amendment 39-22464; AD 2023-12-06]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-07-
13, which applied to certain Bombardier, Inc., Model BD-100-1A10
airplanes. AD 2020-07-13 required revising the existing airplane flight
manual (AFM) to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' This AD
requires revising the existing AFM to provide the flightcrew with new
warnings for ``Autoflight'' and ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP.'' This AD was prompted by a revision to the
procedures to ensure that all applicable altitude capture modes
utilized and annunciated in the affected fleet are included and to more
clearly denote these altitude capture modes. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective August 7, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 7,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0662; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-0662.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-07-13, Amendment 39-19892 (85 FR
20394, April 13, 2020) (AD 2020-07-13). AD 2020-07-13 applied to
certain Bombardier, Inc., Model BD-100-1A10 airplanes. AD 2020-07-13
required revising the existing AFM to provide the flightcrew with new
warnings for ``Autoflight'' and ``Engine Failure in Climb During ALTS
CAP.'' The FAA issued AD 2020-07-13 to address the occurrence of an
engine failure during or before a climb while in ALTS CAP or (V) ALTS
CAP mode, as it could cause the airspeed to drop significantly below
the safe operating speed and may require prompt flightcrew intervention
to maintain a safe operating speed.
    The NPRM published in the Federal Register on April 10, 2023 (88 FR
21123). The NPRM was prompted by

AD CF-2019-12R1, dated June 9, 2022, issued by Transport Canada, which
is the aviation authority for Canada (referred to after this as the
MCAI). The MCAI states that during altitude capture flight, the flight
guidance/autopilot does not account for engine failure while capturing
an altitude. The MCAI states that Transport Canada AD CF-2019-12, dated
April 3, 2019, referenced specific altitude capture modes but did not
consider all possible available annunciated altitude capture modes used
in the affected airplanes. Therefore, the MCAI mandates further updates
to the Limitation and Emergency Procedures sections of the AFM to
ensure that all applicable altitude capture modes utilized and
annunciated in the affected fleet are included and more clearly denotes
these altitude capture modes in these new procedures.
    In the NPRM, the FAA proposed to require revising the existing AFM
to provide the flightcrew with new warnings for ``Autoflight'' and
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.'' The
FAA is issuing this AD to address the occurrence of an engine failure
during or before a climb while in altitude capture flight. The unsafe
condition, if not addressed, could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0662.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which provides
new warnings for the ``Autoflight'' procedure in Section 02-04,
``Systems Limitations,'' of the LIMITATIONS section; and ``Engine
Failure in Climb During (V) ALTS CAP or (V) ALTV CAP,'' procedure in
Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES section; of
the applicable AFMs.
     Bombardier Challenger 300 Airplane Flight Manual (Imperial
Version), Publication No. CSP 100-1, Revision 69, dated July 4, 2022.
(For obtaining the procedures for Bombardier Challenger 300 AFM
(Imperial Version), Publication No. CSP 100-1, use Document
Identification No. CH 300 AFM-I.)
     Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022. (For
obtaining the procedures for Bombardier Challenger 350 AFM, Publication
No. CH 350 AFM, use Document Identification No. CH 350 AFM.)
    These documents are distinct since they apply to different airplane
models in different configurations. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD will affect 244 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $20,740
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-07-13, Amendment 39-19892
(85 FR 20394, April 13, 2020); and
0
b. Adding the following new AD:

2023-12-06 Bombardier, Inc.: Amendment 39-22464; Docket No. FAA-
2023-0662; Project Identifier MCAI-2022-00745-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 7, 2023.

(b) Affected ADs

    This AD replaces AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13).

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20500 inclusive, and 20501 through 20867 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by a report that during altitude capture
flight, the flight guidance/autopilot does not account for engine
failure while capturing an altitude. The FAA is issuing this AD to
address the occurrence of an engine failure during or before a climb
while in altitude capture flight. The unsafe condition, if not
addressed, could cause the airspeed to drop significantly below the
safe operating speed and may require prompt flightcrew intervention
to maintain a safe operating speed.

(f) Compliance

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

(g) Revision of Existing Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD, revise the
existing AFM to include the information specified in ``Autoflight''
procedure in Section 02-04, ``System Limitations,'' of the
LIMITATIONS section, and ``Engine Failure in Climb During (V) ALTS
CAP or (V) ALTV CAP,'' procedure in Section 03-32, ``Powerplant,''
of the EMERGENCY PROCEDURES section; of the Bombardier Challenger
300 Airplane Flight Manual (Imperial Version), Publication No. CSP
100-1, Revision 69, dated July 4, 2022 (for airplanes having serial
numbers 20003 through 20500 inclusive); or the Bombardier Challenger
350 Airplane Flight Manual, Publication No. CH 350 AFM, Revision 34,
dated June 14, 2022 (for airplanes having serial numbers 20501
through 20867 inclusive); as applicable.

    Note 1 to paragraph (g): For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial Version), Publication No.
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    Note 2 to paragraph (g): For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.

(h) Additional AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (i)(2) of this AD or email to: [email protected]. If
mailing information, also submit information by email. Before using
any approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada; or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to Transport Canada AD CF-2019-12R1, dated June 9,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0662.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section, of the Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated
July 4, 2022.

    Note 1 to paragraph (j)(2)(i) of this AD: This note applies to
paragraphs (j)(2)(i) and (ii). For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial Version), Publication No.
CSP 100-1, use Document Identification No. CH 300 AFM-I.

    (ii) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section, of the Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated
July 4, 2022.

    (iii) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.

    Note 2 to paragraph (j)(2)(iii): This note applies to paragraphs
(j)(2)(iii) and (iv) of this AD. For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.

    (iv) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14003 Filed 6-30-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34116-34120]
[FR Doc No: 2021-13643]

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DEPARTMENT OF TRANSPORTATION

Privacy Act of 1974; System of Records

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

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation (DOT) proposes a new system of records titled ``Entry-
Level Driver Training Provider Registry'' (TPR). This system of records
will allow DOT to collect and maintain registered training provider
information and entry-level driver training certification information.
The information in the system will be used to establish training
provider accounts, act as a central repository for entry level-driver
training (ELDT) certification information and transmit that information
to State Driver Licensing Agencies (SDLAs).

DATES: Comments on the system will be accepted on or before 30 days
from the date of publication of this notice. The system will be
effective 30 days after publication of this notice. Routine uses will
be effective at that time.

ADDRESSES: You may submit comments, identified by docket number OST-
2021-0037 by one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov.
    Mail: Karyn Gorman, Acting Departmental Chief Privacy Officer,
Department of Transportation, Washington, DC 20590.
    All submissions received must include the agency name and docket
number OST-2021-0037. All comments received will be posted without
change to https://www.regulations.gov and may include any personal
information provided.''
    Docket: For access to the docket to read background documents or
comments received, to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact: Karyn Gorman, Acting Departmental Chief Privacy
Officer, Department of Transportation, S-81, Washington, DC 20590,
Email<EMAIL_ADDRESS>Tel.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act of 1974, the Department of
Transportation is proposing a new system of records titled ``Department
of Transportation (DOT)/Federal Motor Carrier Safety Administration
(FMCSA)--012, Entry-Level Driver Training Provider Registry'' (TPR).
This system will collect information related to registered training
providers and entry level-driver training (ELDT) certification
information pertaining to individual applicants for commercial driver's
licenses (CDLs) or certain endorsements. The Moving Ahead for Progress
in the 21st Century Act (MAP-21) requires DOT to regulate ELDT (Pub. L.
112-141, section 32304, 126 Stat. 405, 791 (July 6, 2012)). MAP-21
modified 49 U.C 31305 by adding paragraph (c), which required FMCSA to
issue ELDT regulations addressing the knowledge and skills that an
individual must acquire before obtaining a CDL or specified endorsement
for the first time. MAP-21 also required training providers to
demonstrate, by providing certification information, that the
individual meets the ELDT requirements. Section 32304(a) allows the
Secretary to establish the process by which a training provider must
provide certification information. These ELDT regulations are currently
located in 49 CFR part 380. The TPR is the tool that training providers
and SDLAs will use to meet the ELDT requirements.
    Training providers, as defined in 49 CFR 380.605, wishing to
provide ELDT must be listed on the TPR. Training providers include, but
are not limited to, training schools, educational institutions, rural
electric cooperatives, motor carriers, State/local governments, school
districts, joint labor management programs, owner-operators, and
individuals. To be listed on the TPR, a training provider must certify
that it meets the applicable eligibility requirements listed in 49 CFR
380.703(a), including completion of FMCSA's registration process.
Registration is accomplished by accessing FMCSA's TPR website and
electronically transmitting a completed Training Provider Registration
Form (TPRF) affirming, under penalties of perjury, that the provider
will teach the FMCSA-prescribed curriculum that is appropriate for the
CDL class or endorsement. When a provider meets the applicable
requirements, FMCSA will issue the provider a unique TPR number and, as
applicable, add the provider's information to the TPR website. The
information maintained in the system of records on training providers,
some of whom are individuals, includes, but is not limited to, the
training entity's legal name, location, phone number, website address,
and the type of ELDT offered. Except as noted below, this information
will be located on the publicly available portion of the TPR website,
which will allow driver-trainees to locate and contact registered
training providers. In addition, FMCSA may use the training providers'
contact information to communicate with them regarding their
registration information on the TPR, or to initiate an audit or
investigation of the training provider pursuant to 49 CFR 380.703(a)(6)
and 380.719(a)(5). FMCSA acknowledges that some training providers,
including those who provide ELDT only for their own employees or
prospective employees, may wish to keep their contact information
private and therefore not have it publicly displayed on the TPR
website. Accordingly, training providers who do not intend to make
their services available to all driver-trainee applicants can elect not
to include their contact information in the public listing that appears
on the TPR website; however, these training providers will be publicly
identified by name, city, and State. This option will be made available
at the time of initial registration and can be changed anytime the
provider so chooses.

    The system of records will also serve as a central repository of
driver-trainee ELDT certification information.
    Each ELDT training provider is responsible for collecting certain
information from its driver trainees, to include the driver-trainee's
name, permit or driver license number, State of licensure, license
class and/or endorsements, the type of training completed (e.g., Class
A or B theory and behind-the-wheel (BTW) training), total number of BTW
clock hours (if applicable), and date of completion. Upon a driver's
completion of the ELDT training administered by a provider listed on
the TPR, providers must, by midnight of the second business day
following completion, electronically transmit training certification
information through the TPR website. 49 CFR 380.717. The purpose of
maintaining these records in the TPR system is two-fold: First, it
allows users (SDLAs or third-party skills test examiners authorized by
the SDLA) to query the TPR and verify electronically that the applicant
completed applicable training prior to conducting the skills test, as
required in 49 CFR 383.73(b)(11), or administering the knowledge test
to an applicant for the hazardous materials (H) endorsement, as
required in 49 CFR 383.73(e)(9). (This use of ELDT information by SDLAs
is a routine use, discussed further below.) Second, FMCSA intends to
use the ELDT certification information to analyze the safety impact of
ELDT and to monitor the efficacy, competence, and performance of
training providers. If the audits or investigations conducted by FMCSA,
or its authorized representatives, identifies material deficiencies
pertaining to the training provider's program, operations, or
eligibility, FMCSA may consider the removal of the training provider
from the TPR pursuant to 49 CFR 380.721.
    The Department is proposing three routine uses for this system of
records tied directly to the purpose of the system. The first routine
use would allow the provision of the training provider's legal name,
location, phone number, website address, and the type of ELDT offered,
to members of the public to allow entry-level drivers the necessary
information to locate a provider in his or her locality. The second
proposed routine use would allow the transmission of a driver's ELDT
certification information in response to mandatory queries made by
SDLAs (and third-party skills testers authorized by the SDLA) prior to
conducting the applicable skills test. This routine use will allow CDL
skills examiners to verify the driver's eligibility to take the
required test(s) as outlined in the ELDT regulations. The third
proposed routine use would allow the transmission of a driver's ELDT
certification information in response to mandatory queries made by
SDLAs prior to conducting the knowledge test for the H endorsement.
This routine use will allow SDLAs to verify the driver's eligibility to
take the test.
    FMCSA has also included DOT General Routine Uses, to the extent
they are compatible with the purposes of this System. As recognized by
the Office of Management and Budget (OMB) in its Privacy Act
Implementation Guidance and Responsibilities (65 FR 19746 (July 9,
1975)), the routine uses include proper and necessary uses of
information in the system, even if such uses occur infrequently. FMCSA
has included in this notice routine uses for disclosures to law
enforcement when the record, on its face, indicates a violation of law,
to DOJ for litigation purposes, or when necessary in investigating or
responding to a breach of this system or other agencies' systems. DOT
may disclose to Federal, State, local, or foreign agency information
relevant to law enforcement, litigation, and proceedings before any
court or adjudicative or administrative body. OMB has long recognized
that these types of routine uses are ``proper and necessary'' uses of
information and qualify as compatible with agency systems (65 FR 19476,
April 11, 2000). In addition, OMB Memorandum M-17-12, directed agencies
to include routine uses that will permit sharing of information when
needed to investigate, respond to, and mitigate a breach of a Federal
information system. DOT also has included routine uses that permit
sharing with the National Archives and Records Administration when
necessary for an inspection, to any federal government agency engaged
in audit or oversight related to this system, or when DOT determines
that the disclosure will detect, prevent, or mitigate terrorism
activity. These types of disclosures are necessary and proper uses of
information in this system because they further DOT's obligation to
fulfil its records management and program management responsibilities
by facilitating accountability to agencies charged with oversight in
these areas, and DOT's obligation under Intelligence Reform and
Terrorism Prevention Act of 2004, Public Law 108-456, and Executive
Order 13388 (Oct. 25, 2005) to share information necessary and relevant
to detect, prevent, disrupt, preempt, or mitigate the effects of
terrorist activities against the territory, people, and interests of
the United States.

Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
federal government agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to information that is
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. The Privacy Act extends rights and protections to
individuals who are U.S. citizens and lawful permanent residents.
Additionally, the Judicial Redress Act (JRA) provides a covered person
with a statutory right to make requests for access and amendment to
covered records, as defined by the JRA, along with judicial review for
denials of such requests. In addition, the JRA prohibits disclosures of
covered records, except as otherwise permitted by the Privacy Act.
    Below is the description of the Training Provider Registry System
of Records. In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the OMB and to Congress.

SYSTEM NAME AND NUMBER:
    DOT/FMCSA 012--Entry-Level Driver Training Provider Registry (TPR).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained in a FedRAMP-certified third-party cloud
environment. The contracts are maintained by DOT at 1200 New Jersey
Avenue SE, Washington, DC 20590.

SYSTEM MANAGER(S):
    System Manager, Commercial Driver License Division, Office of
Safety Programs, FMCSA, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L.
112-141, section 32304, 126 Stat. 405, 791 (July 6, 2012)).

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to (1) collect and maintain
information on training providers listed on the TPR; (2) collect and
maintain certification

information on drivers who have completed entry-level training; and (3)
allow access to entry-level driver training certification information
by SDLAs and third-party examiners for the purposes of ensuring entry-
level drivers have completed required training prior to seeking a CDL
or endorsement.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals within this system include: Entry-level
drivers and training providers operating as individuals (i.e., not
affiliated with a motor carrier or independent commercial driver
training school).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system include:

    Training Provider Information:

 Training provider legal name
 Training provider mailing address
 Training provider location of training and required records
 Training provider telephone number
 Training provider email address
 Unique training provider identification number

    ELDT Certification Information:

 Entry-level driver legal name
 Entry-level driver's license/commercial learner's permit/
commercial driver's license (as applicable)
 State of licensure
 Commercial driver's license class and/or endorsement and type
of training (theory and/or BTW) the driver-trainee completed
 Total number of clock hours the driver-trainee spent to
complete the BTW training, as applicable
 Name of the training provider and its unique TPR
identification number
 Date(s) of training completion

RECORD SOURCE CATEGORIES:
    Training providers submit both records about themselves and of
driver-trainees who complete required entry-level driver training.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System Specific Routine Uses
    1. To the public, the training provider's legal name, location,
phone number, website address, and the type of ELDT offered to allow
entry-level drivers the necessary information to locate a provider in
his or her locality.
    2. To SDLAs, including third-party skills test examiners authorized
by the State, the driver's training record, for verification that an
applicant seeking a Class A or Class B CDL, and/or a P or S
endorsement, has completed the required ELDT before administering
requisite skills test(s) to the individual.
    3. To SDLAs, the driver's training record, for verification that an
applicant seeking a H endorsement has completed the required ELDT
before administering the knowledge test for that endorsement.
Department General Routine Users
    1. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
    2a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other federal agency conducting
litigation when--(a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, in his/her individual capacity
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    2b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when--(a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or has an interest in such
proceeding, and DOT determines that use of such records is relevant and
necessary in the proceeding, provided, however, that in each case, DOT
determines that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
    3. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual. In such cases, however,
the Congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials which are being used, or are expected to
be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR 10.35(9).
    4. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration (NARA) in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
    5. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be

considered on the basis of its purpose, merits, cost effectiveness and
alternatives using Instructions on reporting computer matching programs
to the Office of Management and Budget, OMB, Congress, and the public,
published by the Director, OMB, dated September 20, 1989.
    6. DOT may disclose records from this system, as a routine use, to
appropriate agencies, entities, and persons when (1) DOT suspects or
has confirmed that the security or confidentiality of information in
the system of records has been compromised; (2) DOT has determined that
as a result of the suspected or confirmed compromise there is a risk of
harm to economic or property interests, identity theft or fraud, or
harm to the security or integrity of this system or other systems or
programs (whether maintained by DOT or another agency or entity) that
rely upon the compromised information; and (3) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with DOT's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
    7. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and federal agencies and (b)
reviewing agencies' policies, procedures, and compliance in order to
recommend policy changes to Congress and the President.
    8. DOT may disclose records from the system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
    9. DOT may disclose records from this system, as a routine use, to
an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under Section (b)(1) of the Privacy Act.
    10. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C.
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law
enforcement information (Guideline 2 Report attached to White House
Memorandum, ``Information Sharing Environment'', November 22, 2006) to
a Federal, State, local, tribal, territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the Component, for purposes of sharing such information
as is necessary and relevant for the agencies to detect, prevent,
disrupt, preempt, and mitigate the effects of terrorist activities
against the territory, people, and interests of the United States of
America, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004 (Pub. L. 108-458) and Executive Order 13388
(October 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically on a contractor-
maintained cloud storage service.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records of training providers may be retrieved by the following
data elements: Training provider's name, location, city, state, type of
CDL training offered, and training provider number. Records of driver-
trainees may be retrieved by the following data elements: CDL holder's
name, license number, and commercial learner's permit number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    FMCSA proposes to maintain training records of individual drivers
for 60 years or until notified that the driver is deceased. This
retention period is consistent with other CDL driver records maintained
by SDLAs. FMCSA proposes to maintain training provider registration
information for 60 years. This retention period is consistent with the
proposed record scheduled for training records of individuals and
allows FMCSA to maintain a complete and accurate history. The records
schedule for the TPR records is currently being developed and will be
submitted for approval by the National Archives and Records
Administration (NARA). All records maintained in the system of records
will not be disposed of and will be treated as permanent records until
the schedule is approved by NARA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Appropriate controls have been
imposed to minimize the risk of compromising the information that is
being stored and ensuring confidentiality of communications using tools
such as encryption, authentication of sending parties, and
compartmentalizing databases; and employing auditing software. TPR data
is encrypted at rest and in transit. Access to records in this system
is limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions. All personnel with access to data are
screened through background investigations commensurate with the level
of access required to perform their duties.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record
contained in this system of records, or seeking to contest its content,
may submit a request to the System Manager in writing in writing to the
address provided under ``System Manager and Address.'' Individuals may
also search the public docket at www.regulations.gov by their name.
    When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you should provide the following:
     An explanation of why you believe the Department would
have information on you;
     Identify which component(s) of the Department you believe
may have the information about you;
     Specify when you believe the records would have been
created;
     Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records;
and
    If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records. Without
this bulleted information, the Department may not be able to conduct an
effective search, and your request may be denied due to lack of
specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    FMCSA depends upon training providers to submit data as accurately
as possible. If a driver finds inaccurate information pertaining to
ELDT Certification Information in the TPR, or inaccurate information
was transmitted to the SDLA, drivers must contact the training provider
that conducted the training to request that corrections be submitted to
the TRP as appropriate. Once the corrections have been made, the
training provider should resubmit the Training Certification
Information form to the TPR, noting the corrections made. Upon receipt
of the updated certification, the TPR will automatically retain a
record of the information. In the event the driver-trainee wishes to
obtain the revised training certification information, they will need
to contact the training provider that conducted the training.
    If a training provider discovers that information contained in the
TPR is inaccurate, the training provider may make corrections by
accessing their TPR account on the TPR and submitting an updated
Training Provider Registration form (OMB Control number 2126-0028).
    Individuals seeking to contest the content of any record pertaining
to him or her in this system may also contact the System Manager
following the Privacy Act procedures in 49 CFR part 10, subpart E,
Correction of Records. Written requests for correction must conform
with the Privacy Act regulations set forth in 49 CFR part 10. You must
sign your request, and your signature must either be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. While
no specific form is required, you may obtain forms for this purpose
exception occurred on : 2021-13643.htm
exception occurred on : 2021-13643.htm
from the FMCSA Freedom of Information Act Officer https://www.fmcsa.dot.gov/foia/[email protected].

NOTIFICATION PROCEDURES:
    Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the procedures described in ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Issued in Washington, DC.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2021-13643 Filed 6-25-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: September 4, 2009 (Volume 74, Number 171)]
[Notices]
[Page 45863-45864]
[DOCID:fr04se09-71]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-E-0266]

Determination of Regulatory Review Period for Purposes of Patent
Extension; DORIBAX

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for DORIBAX and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of Patents
and Trademarks, Department of Commerce, for the extension of a patent
which claims that human drug product.

ADDRESSES: Submit written comments and petitions to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 6222, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Public Law 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA recently approved for marketing the human drug product DORIBAX
(doripenem monohydrate). DORIBAX is indicated in the treatment of the
following infections caused by designated susceptible bacteria:
complicated intra-abdominal infections, and complicated urinary tract
infections, including pyelonephritis. Subsequent to this approval, the
Patent and Trademark Office received a patent term restoration
application for DORIBAX (U.S. Patent No. 5,317,016) from Shionogi
Seiyaku Kabushiki Kaisha, and the Patent and Trademark Office requested
FDA's assistance in determining this patent's eligibility for patent
term restoration. In a letter dated February 18, 2009, FDA advised the
Patent and Trademark Office that this human drug product had undergone
a regulatory review period and that the

approval of DORIBAX represented the first permitted commercial
marketing or use of the product. Thereafter, the Patent and Trademark
Office requested that FDA determine the product's regulatory review
period.
    FDA has determined that the applicable regulatory review period for
DORIBAX is 1,746 days. Of this time, 1,442 days occurred during the
testing phase of the regulatory review period, while 304 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective:
January 2, 2003. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on
January 2, 2003.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the act: December 13,
2006. The applicant claims December 12, 2006, as the date the new drug
application (NDA) for DORIBAX (NDA 22-106) was initially submitted.
However, FDA records indicate that NDA 22-106 was submitted on December
13, 2006.
     3. The date the application was approved: October 12, 2007. FDA
has verified the applicant's claim that NDA 22-106 was approved on
October 12, 2007.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 1,025 days of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) written or electronic comments and ask for a redetermination
by November 3, 2009. Furthermore, any interested person may petition
FDA for a determination regarding whether the applicant for extension
acted with due diligence during the regulatory review period by March
3, 2010. To meet its burden, the petition must contain sufficient facts
to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong.,
2d sess., pp. 41-42, 1984.) Petitions should be in the format specified
in 21 CFR 10.30.
    Comments and petitions should be submitted to the Division of
Dockets Management. Three copies of any mailed information are to be
submitted, except that individuals may submit one copy. Comments are to
be identified with the docket number found in brackets in the heading
of this document. Comments and petitions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: June 23, 2009.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. E9-21365 Filed 9-3-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Rules and Regulations]
[Page 9185-9186]
[DOCID:fr20fe08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0063; Airspace Docket No. 08-ANE-94]

Establishment of Class E Airspace; Rumford, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action establishes Class E Airspace at Rumford, ME to
support a new Area Navigation (RNAV) Global Positioning System (GPS)
Special Instrument Approach Procedure (IAP) that has been developed for
medical flight operations into the Rumford Community Hospital. This
action enhances the safety and management of Instrument Flight Rule
(IFR) operations by providing that required controlled airspace to
protect for this approach around Rumford, ME.

DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before April 7,
2008.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2008-0063; Airspace Docket No. 08-ANE-94, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov., or

the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html.
 Communications should identify both docket numbers and be

submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the fule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2008-0063; Airspace Docket No. 08-ANE-94.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Rumford, ME providing the
controlled airspace required to support the new Copter Area Navigation
(RNAV) Global Positioning System (GPS) 341 Point in Space (PinS)
approach developed for the Rumford Community Hospital. In today's
environment where speed of treatment for medical injuries is
imperative, landing sites have been developed for helicopter medical
Lifeguard flights or Lifeflights at the local hospitals. Controlled
airspace extending upward from 700 fee Above Ground Level (AGL) is
required for Instrument Flight Rules (IFR) operations and to encompass
all Instrument Approach Procedures (IAPs) to the extend practical,
therefore, the

FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71
to establish a 6-mile radius Class E5 airspace at Rumford, ME.
Designations for Class E airspace areas extending upward from 700 fee
or more above the surface of the Earth are published in FAA Order
7400.9R, signed August 15, 2007 effective September 15, 2007, which is
incorporated by reference in 14 CFR part 71.1. The Class E designations
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA had determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant rule'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace near the Rumford Community
Hospital in Rumford, ME.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

ANE ME E5 Rumford, ME [New]

Rumford Community Hospital
    (Lat. 44[deg]33'05'' N., long. 70[deg]33'20'' W.)
Point in Space Coordinates
    (Lat. 44[deg]32'37'' N., long . 70[deg]32'05'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the Point in Space
Coordinates (Lat. 44[deg]32'37'' N., long. 70[deg]32'05'' W.)
serving the Rumford Community Hospital.
* * * * *

    Issued in College Park, Georgia, on January 31, 2008.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-718 Filed 2-19-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25804-25805]
[FR Doc No: 2019-11531]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2004-0008; FRL-9993-64-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Consolidated Superfund Information
Collection Request (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Consolidated Superfund
Information Collection Request (EPA ICR Number 1487.14, OMB Control
Number 2050-0179), to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through May 31, 2019. Public comments were previously requested via the
Federal Register on September 24, 2018 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before July 5, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
SFUND-2004-0008, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Yolanda Singer, Office of Superfund
Remediation and Technology Innovation, Assessment and Remediation
Division, (5202P), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR addresses the following: (1) The collection of
information under 40 CFR part 35, subpart O, which establishes the
administrative requirements for cooperative agreements funded under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) for state, federally-recognized Indian tribal governments, and
political subdivision response actions; (2) the application of the
Hazard Ranking System (HRS) by states as outlined by CERCLA section 105
that amends the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) to include criteria prioritizing releases
throughout the United States before undertaking remedial action at
uncontrolled hazardous waste sites; and (3) the remedial portion of the
Superfund program as specified in CERCLA and the NCP. For cooperative
agreements and Superfund state contracts for Superfund response
actions, the information is collected from applicants and/or recipients
of EPA assistance and is used to make awards, pay recipients, and
collect information on how federal funds are being utilized. EPA
requires this information to meet its federal stewardship
responsibilities. Recipient responses are required to obtain a benefit
(federal funds) under 2 CFR part 200, ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards to Non-Federal Entities'' and under 40 CFR part 35, ``State and
Local Assistance.'' For the Superfund site evaluation and the Hazard
Ranking System, the states will apply the HRS by identifying and
classifying those releases or sites that warrant further investigation.
The HRS score is crucial since it is the primary mechanism used to
determine whether a site is eligible to be included on the National
Priorities

List (NPL). Only sites on the NPL are eligible for Superfund-financed
remedial actions. For the NCP information collection, some community
involvement activities covered by this ICR are not required at every
site (e.g., Technical Assistance Grants) and depend very much on the
community and the nature of the site and cleanup. All community
activities seek to involve the public in the cleanup of the sites, gain
the input of community members, and include the community's perspective
on the potential future reuse of Superfund NPL sites. Community
involvement activities can enhance the remedial process and increase
community acceptance and the potential for productive and beneficial
reuse of the sites.
    Form Numbers: 6200-11.
    Respondents/affected entities: State, Local or Tribal Governments;
Communities; U.S. Territories.
    Respondent's obligation to respond: Required to obtain benefits (40
CFR part 35; CERCLA section 105, 40 CFR part 300).
    Estimated number of respondents: 13,182 (total).
    Frequency of response: Annually.
    Total estimated burden: 196,557 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $463,497 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 679,972 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to an overall decrease in the
number of respondents and responses for the Superfund Site Evaluation
and Hazard Ranking System, Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions, and for the National Oil and
Hazardous Substances Pollution Contingency Plan.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-11531 Filed 6-3-19; 8:45 am]
BILLING CODE 6560-50-P


MEMORANDUM

SUBJECT:	Meeting Minutes for the June 23, 2005 Meeting Between the US Environmental Protection Agency (EPA) and the Office of Management and Budget (OMB) to Discuss the Draft Oil and Natural Gas Production National Emissions Standards for Hazardous Air Pollutants (NESHAP) Proposal

FROM:	Greg Nizich

U.S. EPA.

TO:		Air and Radiation Docket

Docket No. OAR-2004-0238

DATE:	June 29, 2005

The EPA met with OMB on June 23, 2005 to discuss the Oil and Natural Gas Production (ONGP) NESHAP area source proposal currently under review at OMB.  The following is a list of meeting participants:

Greg Nizich, EPA			Amy Branning, EPA		Paul Noe, OMB

K.C. Hustvedt, EPA			Wendy Blake, EPA		Art Fraas, OMB

Penny Lassiter, EPA			Bill Nickerson, EPA

Bill Wehrum, EPA			Edmond Toy, OMB

The following topics were discussed:

Clarifying consent decree proposal (6/30/05) and promulgation (12/30/06) dates..

General requirements of section 112(k) of the Clean Air Act..

The basis for the national scope and benzene health effects and characteristics in the atmosphere.

Consideration of coproposing rural/urban as another option to the 1998 urban-only proposal.

Data on reduction in cancer incidence of the different options.

Data evaluated to estimate source distribution/location

Evaluation of the natural gas throughput and benzene cutoffs

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