[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Notices]
[Page 71655]
[DOCID:fr25no08-72]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0588]

Compliance Policy Guide Sec. 540.700 Processed and/or Blended
Seafood Products (CPG 7108.16); Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of revised Compliance Policy Guide Sec. 540.700 Processed
and/or Blended Seafood Products (CPG 7108.16) (the CPG). The CPG
provides guidance for FDA staff on FDA's labeling requirements for
processed and blended seafood products.

DATES: Submit written or electronic comments regarding the CPG at any
time.

ADDRESSES: Submit written comments on the CPG 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. Submit written requests for single
copies of the CPG to the Division of Compliance Policy (HFC-230),
Office of Enforcement, Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857. Send two self-addressed adhesive labels to assist
that office in processing your request, or fax your request to 240-632-
6861. See the SUPPLEMENTARY INFORMATION section for electronic access
to the CPG.

FOR FURTHER INFORMATION CONTACT: Catalina Ferre-Hockensmith, Center for
Food Safety and Applied Nutrition (HFS-820), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-
436-2371.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of July 26, 1985 (50 FR 30523), FDA made
available Compliance Policy Guide 7108.16, which was subsequently
renumbered and renamed Compliance Policy Guide Sec. 540.700 Processed
and/or Blended Seafood Products (CPG 7108.16). FDA has revised the CPG.
The CPG provides guidance for FDA staff on FDA's labeling requirements
for processed and blended seafood products. The CPG also contains
information that may be useful to the regulated industry and to the
public.
    FDA is issuing the revisions to the CPG as Level 2 guidance under
FDA's good guidance practices regulation (21 CFR 10.115). Consistent
with FDA's good guidance practices regulation, the agency will accept
comments on the CPG at any time. The CPG represents the agency's
current thinking on this topic. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternate approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding the document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified 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.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the CPG from FDA's
Office of Regulatory Affairs history page. It may be accessed at http:/
/www.fda.gov/ora/compliance_ref/cpg/cpgfod/cpg540-700.html.

    Dated: November 14, 2008.
Michael A. Chappell,
Acting Associate Commissioner for Regulatory Affairs.
[FR Doc. E8-27969 Filed 11-24-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22536-22537]
[FR Doc No: 2017-09804]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP17-257-000; PF16-10-000]

WBI Energy Transmission, Inc.; Notice of Application

    Take notice that on April 26, 2017, WBI Energy Transmission, Inc.
(WBI Energy), 1250 West Century Avenue, Bismarck, North Dakota 58503
filed an application pursuant to section 7 (c) of the Natural Gas Act
requesting authorization to construct, install, operate and maintain
the Valley Expansion Project (Project). Specifically, WBI proposes to
construct, install, operate and maintain: (i) Interconnect facilities
with Viking Gas Transmission Company in Clay County, Minnesota; (ii)
approximately 37.3 miles of 16-inch diameter pipeline in Clay County,
Minnesota and Cass County, North Dakota; (iii) approximately 3,000
horsepower electric compressor station in Cass County, North Dakota;
and to (iv) replace two existing town border stations and construct a
regulator station in Burleigh, Stutsman and Barnes Counties, North
Dakota. WBI Energy states that the Project will provide an

additional source of natural gas to eastern North Dakota and western
Minnesota and enhance system reliability for existing and new
customers, all as more fully set forth in the application. The filing
is available for review at the Commission in the Public Reference Room
or may be viewed on the Commission's Web site at http://www.ferc.gov
using the eLibrary link. Enter the docket number excluding the last
three digits in the docket number field to access the document. There
is an ``eSubscription'' link on the Web site that enables subscribers
to receive email notification when a document is added to a subscribed
docket(s). For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Lori Myerchin, Manager, Regulatory Affairs, WBI Energy Transmission,
Inc., 1250 West Century Avenue, Bismarck, North Dakota 58503, or at
(701) 530-1563, or<EMAIL_ADDRESS>    On October 17, 2016, the Commission staff granted WBI Energy's
request to utilize the National Environmental Policy Act (NEPA) Pre-
Filing Process and assigned Docket No. PF16-10-000 to staff activities
involving the project. Now, as of the filing of this application on
April 26, 2017, the NEPA Pre-Filing Process for this project has ended.
From this time forward, this proceeding will be conducted in Docket No.
CP17-257-000, as noted in the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental impact statement (EIS) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EIS for this proposal. The filing of the EIS in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EIS.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on May 30, 2017.

     Dated: May 9, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-09804 Filed 5-15-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Page 71649]
[FR Doc No: 2020-24861]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12532-006]

Pine Creek Mine, LLC; Notice of Effectiveness of Withdrawal of
Petition for Declaratory Order

    On February 12, 2016, Pine Creek Mine, LLC (PCM) filed an
application for an original license to construct, operate, and maintain
the proposed 1.5-megawatt Pine Creek Mine Tunnel Hydroelectric Project
in Inyo County, California. On June 4, 2020, PCM filed a petition for
an order declaring that the California State Water Resources Control
Board waived its authority to issue water quality certification for the
project under Section 401 of the Clean Water Act, 33 U.S.C. 1341(a)(1).
On September 29, 2020, PCM filed a letter notifying the Commission that
it was withdrawing its petition for declaratory order.
    No motion in opposition to the notice of withdrawal has been filed,
and the Commission has taken no action to disallow the withdrawal.
Accordingly, pursuant to Rule 216(b) of the Commission's Rules of
Practice and Procedure,\1\ withdrawal of the petition became effective
on October 14, 2020, and this proceeding is hereby terminated.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.216(b) (2020).

    Dated: November 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24861 Filed 11-9-20; 8:45 am]
BILLING CODE 6717-01-P


Cost of NIST Cylinder Analysis, Report, Cylinder Demurrage and 1-Way
Shipping

Docket ID No. EPA-HQ-OAR-2009-0837

March 3, 2010

The cost to analyze 60 tri-blend (SO2, NO and CO2 with N2 balance gas)
EPA Protocol gas cylinders and produce an analysis report in a recent
Interagency Agreement with the National Institute of Standards and
Technology was $100,000.  This equates to approximately $1,667 per
cylinder.  Average one-way shipping costs are approximately $91 per
cylinder, and average demurrage (rental) is approximately $7 per
cylinder per month from a 2009 EPA Protocol gas audit.  Total cost of
NIST analysis, report, six months cylinder demurrage and shipping back
to EPA Protocol gas production site is approximately $1,800.

Accessing dockets:

Publicly available docket materials are available either electronically
in   HYPERLINK "http://www.regulations.gov"  www.regulations.gov  or in
hard copy at the Air and Radiation Docket, EPA West Building, Room 3334,
1301 Constitution Ave., NW, Washington, D.C. 20460.  The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.


[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11697-11699]
[FR Doc No: 2014-02153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0886; Directorate Identifier 2008-SW-067-AD;
Amendment 39-17738; AD 2014-03-01]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain wire
strike protection system (WSPS) top cable cutter assembly installed.
This AD requires reworking or replacing the top cable cutter assembly
to increase clearance between the WSPS and the main rotor (M/R) blades
and requires that the reworked or replaced part be marked at the end of
the part number to reflect the field modification. This AD was prompted
by a report of in-flight contact between the top cable-cutter assembly
and two M/R blades. The actions of this AD are intended to prevent
damage to the M/R blades and subsequent loss of helicopter control.

DATES: This AD is effective April 7, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of April 7, 2014.

ADDRESSES: For service information identified in this AD, contact
Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate (VA),
Italy, telephone 39 0331-229111, fax 39 0331-229605/222595, or at
http://customersupport.agusta.com/technical_-

advice.php. You may review the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the European Aviation Safety
Agency (EASA) AD, any incorporated-by-reference service information,
the economic evaluation, any comments received, and other information.
The street address for the Docket Operations Office (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations Office,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On August 29, 2012, at 77 FR 52270, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Agusta Model AB139 and
AW139 helicopters with a WSPS top cable cutter assembly, part number
(P/N) 423-83001-1, installed, which is part of the WSPS, P/N
4G9540F00211 or P/N 4G9540F00311. The NPRM proposed to require
reworking or replacing the top cable cutter assembly to increase
clearance between the WSPS and the M/R blades. The proposed
requirements were intended to prevent damage to the M/R blades and
subsequent loss of helicopter control.
    On July 3, 2013, at 78 FR 40055, the Federal Register published our
supplemental notice of proposed rulemaking (SNPRM), which proposed to
revise some of the actions in the NPRM. The SNPRM proposed to require
the same actions as the NPRM, but also proposed to require identifying
the reworked or replaced top cable cutter assembly in a visible and
permanent way by adding ``BT 139-126 Rev./'' or ``FAA'' at the end of
the P/N.
    The NPRM and the SNPRM were prompted by AD No. 2008-0148, dated
August 5, 2008, issued by EASA, which is the Technical Agent for the
Member States of the European Union. The EASA AD advises of an incident
of in-flight contact between the top cable cutter assembly and two M/R
blades. This condition, if not corrected, could cause damage to the
rotor blades and lead to loss of control of the helicopter, EASA
advises. EASA further notes that this unsafe condition is likely to
occur in other helicopters of the same type design, so the EASA AD
requires that top cable cutter assembly, P/N 423-830001-1, be reworked
or replaced with a new unit, P/N 3G9506P01431.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the SNPRM (78 FR 40055, July 3,
2013) or NPRM (77 FR 52270, August 29, 2012).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in the EASA AD. We
are issuing this AD because we evaluated all information provided by
EASA and determined the unsafe condition exists and is likely to exist
or develop on other helicopters of these same type designs and that air
safety and the public interest require adopting the AD requirements as
proposed.

Related Service Information

    We reviewed Agusta Bollettino Tecnico No. 139-126, dated June 20,
2008 (BT), which applies to Model AB139 and AW139 helicopters with
certain serial-numbered WSPSs. The BT specifies, within 200 flight
hours, reworking the top cable cutter assembly and marking it with ``BT
139-126 Rev./'' in a visible and permanent manner. EASA classified this
BT as mandatory and issued AD No. 2008-0148 to ensure the continued
airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD affects about 39 helicopters of U.S.
registry. We also estimate that it takes about 3 work-hours per
helicopter to rework the top cable cutter assembly and to add ``BT 139-
126 Rev./'' or ``FAA'' at the end of the part number, 1 work-hour to
replace the top cable cutter assembly, and 1 work-hour to remove the
WSPS upper installation. The average labor rate is $85 per work-hour.
Required parts cost about $9,000 per helicopter to replace the cutter.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $255 per helicopter to rework the top cable cutter
assembly, $9,085 per helicopter to replace the top cable cutter
assembly, and $85 per helicopter to remove the WSPS.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-03-01 Agusta S.p.A. Helicopters: Amendment 39-17738; Docket No.
FAA-2012-0886; Directorate Identifier 2008-SW-067-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters,
with a wire strike protection system (WSPS) top cable cutter
assembly, part number (P/N) 423-83001-1, installed, which is part of
the WSPS, P/N 4G9540F00211 or P/N 4G9540F00311, certificated in any
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as in-flight contact
between the top cable cutter assembly and main rotor (M/R) blades.
This condition could result in damage to the M/R blades and
subsequent loss of helicopter control.

(c) Effective Date

    This AD becomes effective April 7, 2014.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 200 hours time-in-service, remove the WSPS upper
installation, P/N 4G9540A00111, including top cable cutter assembly,
P/N 423-83001-1.
    (2) Before installing a WSPS upper installation, P/N
4G9540A00111, either:
    (i) Rework the top cable cutter assembly, P/N 423-83001-1, in
accordance with the Compliance Instructions, paragraph 3.1 through
3.5, and Figure 1 of Agusta Bolletino Technico No. 139-126, dated
June 20, 2008. Re-identify the top cable cutter assembly in a
visible and permanent way by adding ``BT 139-126 Rev./'' or ``FAA''
at the end of the part number; or
    (ii) Replace the top cable cutter assembly, P/N 423-83001-1,
with an airworthy top cable cutter assembly that has been reworked
and re-identified in accordance with paragraph (e)(2)(i) of this AD.
    (3) Do not install a top cable cutter assembly, P/N 423-83001-1,
on any helicopter unless it has been reworked and re-identified in
accordance with paragraph (e)(2)(i) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2008-0148, dated August 5, 2008. You may view
the EASA AD on the Internet at http://www.regulations.gov in Docket
No. FAA-2012-0886.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5320: Fuselage
Miscellaneous Structure.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Agusta Bolletino Technico No. 139-126, dated June 20, 2008.
    (ii) Reserved.
    (3) For Agusta service information identified in this AD,
contact Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di
Samarate (VA), Italy, telephone 39 0331-229111, fax 39 0331-229605/
222595, or at http://customersupport.agusta.com/technical_-
advice.php.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on January 24, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2014-02153 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P


                             Questions for NACOSH

Heat Illness Prevention
 What are current practices in heat illness prevention?
 What are the existing best practices in heat illness prevention?
 What challenges are there in heat illness prevention?
Heat Hazards:
 How is hazardous heat currently identified and defined in indoor versus outdoor industries?
 What are existing best practices in identifying heat hazards in indoor and outdoor work settings?
 How are workers notified of hazardous heat? How should they be notified?
 Where are heat hazards being experienced and in what industries?
 What challenges are there with identifying heat hazards?

Acclimatization:
 What are current practices for implementing acclimatization?
 What are the best practices for implementing acclimatization in various industries and across businesses of various sizes?
 What are the challenges with acclimatizing workers, including temporary workers?
 Are there different challenges for acclimatization in indoor work settings versus outdoor work settings?

Monitoring:
 Are there industries implementing exposure, medical or physiological monitoring for heat exposure?
 What are the best practices for implementing a monitoring program and how effective are the monitoring activities?
 How is monitoring implemented or tracked?
 What are the challenges with this type of monitoring?

Heat Emergencies:
 How do organizations with both indoor and outdoor work environments deal with heat illness emergencies if they arise?
 What are current best practices in workplace response to occupational heat illness emergencies?
 What are the challenges with responding to a heat illness emergency?
 What should be included in a heat emergency response plan?
Worker Training and Engagement
 How are workers involved in heat illness prevention?
 What types of training programs are being implemented and how effective are they?
 What are best practices in worker training and engagement in heat illness prevention?
 Are workers involved in the design and implementation of heat illness prevention activities?
 What challenges are there with worker training and engagement for heat illness prevention?

Existing State Standards:
 Of the existing state standards, have any been more effective or challenging than others? Why?
 What are challenges with implementation of existing state standards?
 What components of a state standard or program should be included in federal guidance or regulatory efforts? What would not be feasible to include at the federal level?


[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21091-21092]
[FR Doc No: 2012-8436]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-136]

Alabama Power Company; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2146-136.
    c. Date Filed: March 1, 2012 and supplemented on March 28, 2012.
    d. Applicant: Alabama Power Company.
    e. Name of Project: Coosa River Project.
    f. Location: At the Lake Point Development, on the Choccolocco
Creek section of Logan Martin Lake, in Talladega County, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: David K. Anderson, Alabama Power Company, 600
18th Street North, Birmingham, AL 35203, Phone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    i. FERC Contact: Lorance Yates at<PHONE_NUMBER>; or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: May 3, 2012.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2146-136) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors

filing documents with the Commission to serve a copy of that document
on each person whose name appears on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of the Application: Alabama Power Company has filed
a request for Commission approval to authorize Lake Point Development,
LLC (applicant) to install within the project boundary various
facilities for use by residents of the Lake Point subdivision. The
applicant proposes to construct a 20-ft wide and approximately 187-ft
long concrete boat ramp with courtesy dock on each side of the ramp.
Ninety-four feet of the proposed boat ramp will be within the project
boundary. Each of the pile-supported wooden courtesy docks will be 5-ft
wide and 40-ft long. Approximately 35 cu yd will be excavated for the
boat ramp. The applicant proposes to construct two 8-ft wide wooden
boardwalks, the first approximately 395-ft in length and the second
approximately 415-ft in length. There will be 20 cleats evenly spaced
along the length of each boardwalk for use as temporary boat tie-offs.
The applicant also proposes to construct a 20-ft by 10-ft pile-
supported wooden sun deck with a 30-ft long and 6-ft wide wooden
walkway connecting the deck to the shore. There will be an
approximately 0.55 acres grassed common-use area for picnics and other
casual uses.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at Ameren's shoreline
office. Agencies may obtain copies of the application directly from the
applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 3, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-8436 Filed 4-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65062-65063]
[FR Doc No: 2022-23372]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0641; FRL-10379-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Iron and Steel Foundries Area
Sources (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Iron and Steel
Foundries Area Sources (EPA ICR Number 2267.08, OMB Control Number
2060-0605), 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
September 31, 2023. Public comments were previously requested, via the
Federal Register, on February 8, 2021 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 neither conduct nor
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 November 28,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2020-0641 to EPA online using https://www.regulations.gov/ (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    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.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

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
https://www.regulations.gov or in person at the EPA Docket Center, WJC
West Building, 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: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Iron and Steel Foundries Area Sources (40 CFR
part 63, subpart ZZZZZ) apply to both new and existing iron and/or
steel foundries that are an area source of hazardous air pollutants
(HAP) emissions. There are different requirements for foundries based
on size. Existing foundries with an annual metal melt production
greater than 20,000 tons and new foundries with an annual melt capacity
of 10,000 tons are classified as large foundries. Existing foundries
with an annual metal melt capacity of 10,000 tons or less are
classified as small foundries. Research and development facilities are
not covered by the rule. New facilities include those that commenced
either construction, modification or reconstruction after the date of
proposal. In general, all NESHAP standards require initial
notifications, performance tests, and periodic reports by the owners/
operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance with 40 CFR part 63, subpart ZZZZZ.
    Form Numbers: 5900-521.
    Respondents/affected entities: Iron and steel foundries.
    Respondent's obligation to respond: Mandatory (40 CFR 63, Subpart
ZZZZZ).
    Estimated number of respondents: 390 (total).
    Frequency of response: Initially, occasionally, quarterly,
semiannually, and annually.
    Total estimated burden: 12,970 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,540,000 (per year), which includes $0 in
annualized capital/startup and/or operation & maintenance costs.
    Changes in the estimates: There is an adjustment decrease in the
total estimated burden as currently identified in the OMB Inventory of
Approved Burdens. This decrease is not due to any program changes.
There are no changes in the regulatory requirements and there is no
significant industry growth since the most-recently approved ICR was
developed. The previous ICR reflected those burdens and costs
associated with certain one-time activities including reviewing record
keeping systems, adjusting methods, and training employees as a result
of the 2020 rule

revisions (85 FR 56080). This ICR, by and large, reflects the on-going
burden and costs for existing facilities.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-23372 Filed 10-26-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50433-50434]
[FR Doc No: 2017-23613]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6113]

E9(R1) Statistical Principles for Clinical Trials: Addendum:
Estimands and Sensitivity Analysis in Clinical Trials; International
Council for Harmonisation; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance entitled ``E9(R1) Statistical
Principles for Clinical Trials: Addendum: Estimands and Sensitivity
Analysis in Clinical Trials.'' The draft guidance was prepared under
the auspices of the International Council for Harmonisation (ICH),
formerly the International Conference on Harmonisation. The draft
guidance clarifies, updates, and extends the earlier ``E9 Statistical
Principles for Clinical Trials'' in two main areas. Concerning
estimands, it provides a framework for discussion of how the aims of a
trial relate to the proposed statistical analysis. Concerning
sensitivity analysis, it discusses how to use additional analyses to
address concerns about the validity of assumptions underlying the main
analysis. The draft guidance is intended to better align the choice of
statistical methods with questions of regulatory importance and to
improve the reliability of decisions about and representations of the
effects of medical products.

DATES: Submit either electronic or written comments on the draft
guidance by April 30, 2018 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-6113 for ``E9(R1) Statistical Principles for Clinical
Trials: Addendum: Estimands and Sensitivity Analysis in Clinical
Trials; International Council for Harmonisation; Guidance for Industry;
Availability.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff office between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper

submission. You should submit two copies total. One copy will include
the information you claim to be confidential with a heading or cover
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.''
The Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002, or the Office of
Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. The guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:
    Regarding the guidance: Thomas Permutt, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 21, Rm. 3614, Silver Spring, MD 20993-0002,<PHONE_NUMBER>; or John
Scott, Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 1018, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.
    Regarding the ICH: Amanda Roache, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 1176, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In recent years, regulatory authorities and industry associations
from around the world have participated in many important initiatives
to promote international harmonization of regulatory requirements under
the ICH. FDA has participated in several ICH meetings designed to
enhance harmonization, and FDA is committed to seeking scientifically
based harmonized technical procedures for pharmaceutical development.
One of the goals of harmonization is to identify and reduce differences
in technical requirements for drug development among regulatory
agencies.
    ICH was established to provide an opportunity for harmonization
initiatives to be developed with input from both regulatory and
industry representatives. FDA also seeks input from consumer
representatives and others. ICH is concerned with harmonization of
technical requirements for the registration of pharmaceutical products
for human use among regulators around the world. The six founding
members of the ICH are the European Commission; the European Federation
of Pharmaceutical Industries Associations; FDA; the Japanese Ministry
of Health, Labour, and Welfare; the Japanese Pharmaceutical
Manufacturers Association; and the Pharmaceutical Research and
Manufacturers of America. The Standing Members of the ICH Association
include Health Canada and Swissmedic. Any party eligible as a Member in
accordance with the ICH Articles of Association can apply for
membership in writing to the ICH Secretariat. The ICH Secretariat,
which coordinates the preparation of documentation, operates as an
international nonprofit organization and is funded by the Members of
the ICH Association.
    The ICH Assembly is the overarching body of the Association and
includes representatives from each of the ICH members and observers.
The Assembly is responsible for the endorsement of draft guidelines and
adoption of final guidelines. FDA publishes ICH guidelines as FDA
guidance.
    In July 2017, the ICH Assembly endorsed the draft guideline
entitled ``E9(R1) Statistical Principles for Clinical Trials: Addendum:
Estimands and Sensitivity Analysis in Clinical Trials'' and agreed that
the guidance should be made available for public comment. The draft
guidance is the product of the Efficacy Expert Working Group of the
ICH. Comments about this draft will be considered by FDA and the
Efficacy Expert Working Group.
    The draft guidance provides guidance on aligning the choice of
statistical methods with the goals of a clinical trial; on
communicating the rationale for such choices to FDA; and on using
sensitivity analysis to characterize the robustness of the conclusions
to plausible deviations from the assumptions of the main analysis.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``E9(R1)
Statistical Principles for Clinical Trials: Addendum: Estimands and
Sensitivity Analysis in Clinical Trials.'' It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations. This guidance is not subject to
Executive Order 12866.

II. Electronic Access

    Persons with access to the internet may obtain the document at
https://www.regulations.gov, https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.

    Dated: October 26, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-23613 Filed 10-30-17; 8:45 am]
BILLING CODE 4164-01-P


 ADVANCE \y63

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	REGION III

1650 Arch Street

	Philadelphia, Pennsylvania 19103-2029

November 27, 2007

Mr. George S. Aburn, Director

Air and Radiation Management Administration

Maryland Department of the Environment

1800 Washington Boulevard

Baltimore, Maryland 21230

Dear Mr. Aburn:

On October 25, 2007, the U.S. Environmental Protection Agency (EPA)
received a revision to the Maryland State Implementation Plan (SIP) from
the Maryland Department of the Environment concerning the establishment
of Reasonably Available Control Technology (RACT) requirements for
marine vessel or barge loading.  The SIP revision pertains to the
amendments to Regulation .01 and adoption of the new Regulation .08
under COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound
Storage and Handling.  EPA has determined that the submittal is
administratively and technically complete, and is being reviewed to
prepare a Notice of Proposed Rulemaking.

If members of your staff have any questions, they may direct them to
Gobeail McKinley, Air Quality Planning Branch at<PHONE_NUMBER>.  She is
the principal contact for this rulemaking.

Sincerely,

					          Judith M. Katz, Director /s/

                                                                     Air
Protection Division

cc:  Shari T. Wilson, Secretary, MDE

      Deborah Rabin, Regulations Coordinator, MDE

	Customer Service Hotline: 1-800-438-2474


[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Proposed Rules]
[Pages 31867-31871]
[FR Doc No: 2013-12618]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0425; Directorate Identifier 2012-NM-224-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747 airplanes. This proposed AD was
prompted by reports of cracking in the forward and aft inner chord of
the body station (BS) 2598 bulkhead near the upper corners of the
cutout for the horizontal stabilizer rear spar, and cracking in the
bulkhead upper and lower web panels near the inner chord to shear deck
connection. This proposed AD would require doing repetitive inspections
for cracking in the bulkhead splice fitting, frame supports, forward
and aft inner chords, and floor support; doing an inspection for
cracking in the bulkhead upper web, doubler, and bulkhead lower web;
and corrective actions if necessary; for certain airplanes, inspections
for cracking in the repaired area of the bulkhead, and corrective
actions if necessary; for certain airplanes, support frame modification
and support frame inspections, and related investigative and corrective
actions, if necessary; for certain airplanes, repetitive support frame
post-modification inspections and inspections for cracking in the hinge
support, and related investigative and corrective actions if necessary;
for certain airplanes, a one-time inspection of the frame web and upper
shear deck (floor support) chord aft side for fasteners; and a one-time
inspection of the upper forward inner chord, frame support fitting and
splice fitting, for the installation of certain fasteners; and related
investigative and corrective actions if necessary; for certain
airplanes, a one-time inspection of the upper forward inner chord,
frame

support fitting and splice fitting for the installation of certain
fasteners; a one-time inspection for any repair installed on the left
and right side of the aft inner chord, and related investigative and
corrective actions, if necessary; for certain airplanes, a one-time
inspection of the support frame outer chord for cracking, and repair if
necessary; and repetitive support frame post-repair inspections, and
corrective actions, if necessary. We are proposing this AD to detect
and correct fatigue cracking of the BS 2598 bulkhead structure, which
could adversely affect the structural integrity of the bulkhead and the
horizontal stabilizer support structure and result in loss of
controllability of the airplane.

DATES: We must receive comments on this proposed AD by July 12, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket 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 (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0425;
Directorate Identifier 2012-NM-224-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://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of cracking in the forward and aft inner chord
of the BS 2598 bulkhead near the upper corners of the cutout for the
horizontal stabilizer rear spar, and cracking in the bulkhead upper and
lower web panels near the inner chord to shear deck connection. This
condition, if not corrected, could result in fatigue cracking of the BS
2598 bulkhead structure, which could result in inability of the
structure to carry horizontal stabilizer flight loads, and loss of
controllability of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2427, Revision 6,
dated July 14, 2011; and Boeing Alert Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011. For information on the procedures
and compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0425.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.''
    The phrase ``related investigative actions'' might be used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that: (1) Are related to the primary actions, and (2) are actions that
further investigate the nature of any condition found. Related
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in
this proposed AD. ``Corrective actions'' are actions that correct or
address any condition found. Corrective actions in an AD could include,
for example, repairs.

Differences Between the Proposed AD and the Service Information

    Where Part 1 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2427, Revision 6, dated July 14, 2011,
specifies accomplishing inspections for cracks in forward and aft inner
chords, splice fittings, floor supports, and upper and lower web
panels, this AD also requires doing an open-hole high frequency eddy
current (HFEC) inspection of the doubler. Figure 2 of Boeing Alert
Service Bulletin 747-53A2427, Revision 6, dated July 14, 2011, includes
the inspections.
    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2427, Revision 6, dated July 14, 2011; or 747-53A2473,
Revision 4, dated December 1, 2011; specify to contact Boeing for
repair data and do the repair, this AD requires doing those repairs in
accordance with a method approved by the FAA.
    If cracking is found in any doubler during any inspection specified
by paragraph (g) of this proposed AD, this proposed AD would require
repairing using a method approved in accordance with the procedures
specified in paragraph (o) of this AD.

Costs of Compliance

    We estimate that this proposed AD affects 165 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                        Labor cost            Parts cost       Cost per product                 Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.........................  24 work-hours x $85 per                 $0  $2,040 per inspection  $336,600 per inspection cycle.
                                      hour = $2,040 per                           cycle.
                                      inspection cycle.
Support frame modification.........  315 work-hours x $85 per                 0  $26,775..............  Up to $4,417,875.
                                      hour = $26,775.
Support frame upper corner fastener  16 work-hours x $85 per                  0  $1,360...............  Up to $224,400.
 inspection.                          hour = $1,360.
Support frame post-modification      200 work hours x $85 per                 0  $17,000..............  $2,805,000.
 inspection.                          hour = $17,000.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2013-0425; Directorate Identifier
2012-NM-224-AD.

(a) Comments Due Date

    We must receive comments by July 12, 2013.

(b) Affected ADs

    This AD affects AD 2010-14-07, Amendment 39-16352 (75 FR 38001,
July 1, 2010).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes, certificated in
any category, as identified in Boeing Alert Service Bulletin 747-
53A2427, Revision 6, dated July 14, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the forward and
aft inner chord of the body station (BS) 2598 bulkhead near the
upper corners of the cutout for the horizontal stabilizer rear spar,
and cracking in the bulkhead upper and lower web panels near the
inner chord to shear deck connection. We are issuing this AD to
detect and correct fatigue cracking of the BS 2598 bulkhead
structure, which could adversely affect the structural integrity of
the bulkhead and the horizontal stabilizer support structure and
result in loss of controllability of the airplane.

(f) Compliance

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

(g) Inspections of the Bulkhead (Support Frame)

    For airplanes on which the bulkhead (support frame) modification
specified in Boeing Service Bulletin 747-53A2473 has not been
accomplished: At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2427,
Revision 6, dated July 14, 2011, except as provided by paragraph
(m)(1), (m)(2), or (m)(3), as applicable, of this AD, do an open-
hole and surface high frequency eddy current (HFEC) inspection for
cracking in the bulkhead (support frame) which includes the bulkhead
splice fitting, frame supports, forward and aft inner chords, and
floor support; do a surface HFEC inspection for cracking in the
bulkhead upper web and doubler; do an open-hole and surface HFEC
inspection for cracking in the bulkhead lower web; and do all
applicable corrective actions; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2427, Revision
6, dated July 14, 2011, except as required by paragraphs (m)(4),
(m)(5) and (m)(6) of this AD, and except as provided by paragraph
(h) of this AD. Do all applicable corrective actions before further
flight. Repeat the applicable inspections, thereafter, at the
applicable times in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2427, Revision 6, dated July 14, 2011. Doing
the modification required by paragraph (j) of this AD terminates the
repetitive inspections required by this paragraph.

(h) Interim Modification

    For airplanes in groups 1 and 2 as identified in Boeing Alert
Service Bulletin 747-53A2427, Revision 6, dated July 14, 2011, on
which no cracking was found during any inspection required by
paragraph (g) of this AD: At the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2427, Revision 6, dated July 14, 2011, except as provided by
paragraph (m)(2) of this AD, do the interim modification, in
accordance with

the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2427, Revision 6, dated July 14, 2011. Doing the interim
modification terminates the repetitive inspection requirement of
paragraph (g) of this AD in the area of the modification only. The
repetitive inspections of the bulkhead lower web, as specified in
paragraph (g) of this AD, must be done. If the aft inner chord
repair or upper web repair specified in Boeing Alert Service
Bulletin 747-53A2427, Revision 6, dated July 14, 2011, has been
accomplished, an interim modification on the side of the airplane
that has the repair is not required by this paragraph.

(i) Post-Repair Inspection or Post-Interim Modification Inspection

    For airplanes on which an interim modification, or aft inner
chord repair, or upper web repair has been done as specified in
paragraph (g) or (h) of this AD: At the applicable times specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2427, Revision 6, dated July 14, 2011, except as specified in
paragraph (m)(1), (m)(2), or (m)(3), as applicable, of this AD, do
the actions specified in paragraph (i)(1) and (i)(2) of this AD, and
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2427, Revision 6, dated July 14, 2011, except as required by
paragraph (m)(4) of this AD. Do all applicable corrective actions
before further flight. Repeat the inspections thereafter at the
applicable intervals specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2427, Revision 6, dated July
14, 2011. Doing the modification required by paragraph (j) of this
AD terminates the repetitive inspections required by this paragraph.
    (1) Do forward side surface HFEC inspections for cracking of the
bulkhead forward inner chord, splice fitting, and frame support.
    (2) Do surface and open-hole HFEC inspections for cracking in
the repaired area of the bulkhead.

(j) Bulkhead (Support Frame) Modification and Inspections

    For airplanes on which the bulkhead (support frame) modification
specified in Boeing Alert Service Bulletin 747-53A2473, dated March
24, 2005; Revision 1, dated February 20, 2007; Revision 2, dated
August 28, 2009; Revision 3, dated July 14, 2011; or Revision 4,
dated December 1, 2011, has not been done as of the effective date
of this AD: At the applicable time in tables 2 and 3 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011, do the bulkhead (support frame)
modification and inspections and all applicable related
investigative and corrective actions; in accordance with steps
3.B.3., 3.B.4., and 3.B.5. of the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2473, Revision 4, dated
December 1, 2011, except as required by paragraph (m)(4) of this AD.
Do all applicable related investigative and corrective actions
before further flight. Doing the modification in this paragraph
terminates the inspections required by paragraphs (g) and (i) of
this AD.

(k) Post Modification Inspections

    (1) For airplanes on which the bulkhead (support frame)
modification has been done as specified in Boeing Service Bulletin
747-53A2473, dated March 24, 2005; Revision 1, dated February 20,
2007; Revision 2, dated August 28, 2009; Revision 3, dated July 14,
2011; or Revision 4, dated December 1, 2011: Except as provided by
paragraphs (m)(7) and (m)(8) of this AD, at the applicable time in
tables 6, 7, 8, and 9 of paragraph 1.E., ``Compliance'' of Boeing
Service Bulletin 747-53A2473, Revision 4, dated December 1, 2011, do
support frame post-modification inspections, and open-hole HFEC
inspection for cracking in the hinge support, and do all applicable
related investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011, except as required by paragraph
(m)(4). Do all applicable related investigative and corrective
actions before further flight. Repeat the inspections thereafter at
the applicable times in tables 6, 7, 8, and 9 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2473, Revision 4,
dated December 1, 2011.
    (2) For airplanes on which the support frame modification has
been done as specified in Boeing Service Bulletin 747-53A2473,
Revision 1, dated February 20, 2007: Except as specified in
paragraphs (m)(7) and (m)(8) of this AD, at the applicable time in
tables 4 and 5 of paragraph 1.E., ``Compliance'' of Boeing Service
Bulletin 747-53A2473, Revision 4, dated December 1, 2011, do a one-
time general visual inspection of the frame web and upper shear deck
(floor support) chord aft side for fasteners that were installed as
part of an inner chord repair removal; and a one-time general visual
inspection of the upper forward inner chord, frame support fitting
and splice fitting, for the installation of certain fasteners; and
do all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-53A2473, Revision 4, dated December 1, 2011, except as
required by paragraph (m)(4) of this AD. Do all applicable related
investigative and corrective actions at the applicable times
specified in tables 4 and 5 of paragraph 1.E., ``Compliance'' of
Boeing Service Bulletin 747-53A2473, Revision 4, dated December 1,
2011.
    (3) For airplanes on which the support frame modification has
been done as specified in Boeing Service Bulletin 747-53A2473, dated
March 24, 2005: Except as specified in paragraphs (m)(7) and (m)(8)
of this AD, at the applicable time in tables 5 and 10 of paragraph
1.E., ``Compliance'' of Boeing Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011, do a one-time general visual
inspection of the upper forward inner chord, frame support fitting,
and splice fitting for the installation of certain fasteners; a one-
time general visual inspection for any repair installed on the left
and right side of the aft inner chord; and do all applicable related
investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011, except as required by paragraph
(m)(4) of this AD. Do all applicable related investigative and
corrective actions at the applicable times specified in tables 5 and
10 of paragraph 1.E., ``Compliance'' of Boeing Service Bulletin 747-
53A2473, Revision 4, dated December 1, 2011.
    (4) For airplanes on which a post-modification inspection was
done in accordance with paragraph 3.B.8. of Part 1 of the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2473,
Revision 3, dated July 14, 2011: Except as required by paragraphs
(m)(7) and (m)(8) of this AD, at the applicable time in table 11 of
paragraph 1.E., ``Compliance'' of Boeing Service Bulletin 747-
53A2473, Revision 4, dated December 1, 2011, do a one-time surface
HFEC inspection of the support frame outer chord for cracking, in
accordance with Part 1 of the Accomplishment Instructions of Boeing
Service Bulletin 747-53A2473, Revision 4, dated December 1, 2011. If
any cracking is found, repair before further flight, using a method
approved in accordance with the procedures specified in paragraph
(o) of this AD.

(l) Post-Modification Post-Repair Inspections

    For airplanes on which post-modification inspection cracks were
repaired by doing the installation of an upper or lower corner post-
modification web crack repair as specified in Boeing Service
Bulletin 747-53A2473, Revision 4, dated December 1, 2011: At the
applicable times specified in tables 6 and 8 of paragraph 1.E.,
``Compliance'' of Boeing Service Bulletin 747-53A2473, Revision 4,
dated December 1, 2011, do a bulkhead (support frame) post-repair
inspection, and do all applicable corrective actions, in accordance
with paragraph a., b., or c. of Part 4 of paragraph 3.B.8 of the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011, as applicable, except as
required by paragraph (m)(4) of this AD. Repeat the inspection,
thereafter, at the applicable times specified in tables 6 and 8 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2473, Revision 4, dated December 1, 2011.

(m) Exceptions

    (1) Where Boeing Alert Service Bulletin 747-53A2427, Revision 6,
dated July 14, 2011, specifies a compliance time after the date on
Revision 2 of this service bulletin, this AD requires compliance
within the specified compliance time as of August 28, 2001 (the
effective date of AD 2001-15-03, Amendment 39-12337 (66 FR 38365,
July 24, 2001)).
    (2) Where Boeing Alert Service Bulletin 747-53A2427, Revision 6,
dated July 14, 2011, specifies a compliance time after the date on
Revision 4 of this service bulletin, this AD requires compliance
within the specified compliance time as of April 13, 2006 (the
effective date of AD 2006-05-06, Amendment 39-14503 (71 FR 12125,
March 9, 2006)).

    (3) Where Boeing Alert Service Bulletin 747-53A2427, Revision 6,
dated July 14, 2011, specifies a compliance time after the date on
Revision 6 of this service bulletin, this AD requires compliance
within the specified compliance time ``after the effective date of
this AD.''
    (4) If any cracking is found during any inspection required by
this AD, and Boeing Alert Service Bulletin 747-53A2427, Revision 6,
dated July 14, 2011; or Boeing Service Bulletin 747-53A2473,
Revision 4, dated December 1, 2011; specifies to contact Boeing for
appropriate action: Before further flight, repair the crack using a
method approved in accordance with the procedures specified in
paragraph (o) of this AD.
    (5) If, during any inspection required by paragraph (g) of this
AD, any cracking is found in the doubler, before further flight,
repair, using a method approved in accordance with the procedures
specified in paragraph (o) of this AD.
    (6) Where Part 1 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-53A2427, Revision 6, dated July 14, 2011,
specifies accomplishing inspections for cracks for forward and aft
inner chords, splice fittings, floor supports, and upper and lower
web panels, this AD also requires doing an open-hole HFEC inspection
of the doubler.
    (7) Where Boeing Service Bulletin 747-53A2473, Revision 4, dated
December 1, 2011, specifies a compliance time after the date on
Revision 2 of the service bulletin, this AD requires compliance
within the specified compliance time as of August 5, 2010 (the
effective date of AD 2010-14-07, Amendment 39-16352 (75 FR 38001,
July 1, 2010)).
    (8) Where Boeing Service Bulletin 747-53A2473, Revision 4, dated
December 1, 2011, specifies a compliance time after the date on
Revision 3 or 4 of the service bulletin, this AD requires compliance
within the specified compliance time ``after the effective date of
this AD.''

(n) Terminating Action for Certain Requirements of AD 2010-14-07,
Amendment 39-16352 (75 FR 38001, July 1, 2010)

    (1) Accomplishing the inspections, repairs, and modification in
accordance with Boeing Service Bulletin 747-53A2473, Revision 4,
dated December 1, 2011, is a terminating action for the
corresponding inspections, repairs, and modification at the STA 2598
support frame required by paragraphs (i), (j), (k)(1), (m), (n),
(o), (p), (q), (r), (s), (t), (u), and (v) of AD 2010-14-07,
Amendment 39-16352 (75 FR 38001, July 1, 2010). When Boeing Service
Bulletin 747-53A2473, Revision 4, dated December 1, 2011, specifies
to contact Boeing for repair instructions, the repair instructions
must be approved by the FAA in accordance with paragraph (o) of this
AD. All provisions of AD 2010-14-07 that are not specifically
referenced in this paragraph remain fully applicable and must be
complied with.
    (2) Accomplishing the inspections, repairs and interim
modification in accordance with Boeing Service Bulletin 747-53A2427,
Revision 6, dated July 14, 2011, is a terminating action for the
corresponding inspections, repairs and interim modification at the
STA 2598 bulkhead required by paragraphs (i), (j), (o), (s), (t),
(u), and (v) of AD 2010-14-07, Amendment 39-16352 (75 FR 38001, July
1, 2010). When Boeing Service Bulletin 747-53A2427, Revision 6,
dated July 14, 2011, specifies to contact Boeing for repair data,
the repair data must be approved by the FAA in accordance with
paragraph (o) of this AD. All provisions of AD 2010-14-07 that are
not specifically reference in this paragraph remain fully applicable
and must be complied with.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

(p) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 17, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-12618 Filed 5-24-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Proposed Rules]
[Pages 1220-1222]
[FR Doc No: 2018-00247]

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

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2017-0372]

Hours of Service of Drivers: Application for Exemption; Towing
and Recovery Association of America, Inc. (TRAA)

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that the Towing and Recovery Association of
America, Inc. (TRAA) has requested an exemption from the requirement
that a motor carrier install and require each of its drivers to use an
electronic logging device (ELD) to record the driver's

hours-of-service (HOS) TRAA has requested a 5-year exemption for all
operators of commercial motor vehicles (CMVs) owned or leased to
providers of motor vehicle towing, recovery and roadside repair
services while providing such services. TRAA states that towing
industry operations represent a unique and vital segment of the overall
transportation industry in America that warrants exemption from the ELD
regulations, and the failure to grant this exemption will cause
confusion and create an overly complex regulatory framework which will
pose an undue burden on towers and their customers without any
measurable benefit to public safety. TRAA believes that granting this
exemption will have a positive impact on highway safety by assuring
that towing operators can still respond to service requests in the most
expeditious and effective manner possible. FMCSA requests public
comment on TRAA's application for exemption.

DATES: Comments must be received on or before February 9, 2018.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0372 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email: [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0372), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0372'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party, and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

    TRAA is the national towing association representing more than
35,000 towing companies in all 50 states. The entire industry is
comprised of approximately 210,000 commercial motor vehicles (CMVs) and
350,000 commercial drivers operated by the over 35,000 companies.
According to TRAA, the vast majority of towing industry companies are
small, family-owned operations serving rural America.
    Tow truck operators often work close to their terminals, usually
operating within the scope of the short-haul exemption [49 CFR Section
395.1(e)(1)] thereby documenting hours-of-service (HOS) compliance with
time card records kept at their dispatch office. Occasionally, and
often without prior knowledge, these tow operators will be called upon
to provide services that will require them to complete a record of duty
status (RODS).
    TRAA states that few towing companies will be able to utilize the
exemption to the ELD mandate found in 49 CFR Section 395.8(iii)(a)(1)
as it relates to completion of a RODS eight or fewer days in any 30-day
period. Typically, only a few drivers at any one towing company are
currently required

to complete a RODS and usually most of the drivers lack the required
class of license to substitute for these select few drivers, meaning
the workload that requires operation outside of the local exemption
cannot be equalized or shared among the entire driver pool at any one
company as could be done at a traditional motor carrier. Thus, one or
two drivers will often be designated to conduct these longer,
interstate trips that require RODS.
    TRAA asserts that the addition of the ELD rule creates confusing
and burdensome scenarios by overlapping and conflicting regulations
placed on towing industry operators. The nature of the towing industry
has drivers switching between intrastate and interstate regulations
multiple times throughout the day, sometimes as often as between each
call. Additionally, drivers employed in the towing industry often
switch between commercial and non-commercial motor vehicles throughout
their shift. TRAA believes that to mandate an electronic means of
documenting HOS for only a small part of each towers daily operations
creates an undue burden.
    Moreover, an exemption from the ELD mandate helps promote the same
safety goals inherent in the already existing exemption in 49 CFR
Section 390.23(a)(3). This provision exempts towers who are responding
to calls from law enforcement from the requirement to keep RODS. The
same need to respond quickly to a highway emergency that requires the
exemption in Section 390.23(a)(3) exists when a service call comes from
a stranded motorist rather than law enforcement. The drivers of these
vehicles sitting roadside are at the same risk as those addressed by
law enforcement. The current ELD proposal will impact the ability of
tow companies to respond to these owners' requests and still be
compliant with the regulatory requirements.
    TRAA states that, as a practical matter, towers will be required to
install and maintain ELDs in all of their equipment, even seldom used
spare equipment. It is common practice in the towing industry to
maintain spare equipment in a state of readiness, as do other first
responder agencies to insure complete readiness for any incident. Due
to the complex nature of this and the overlapping scenarios where an
ELD may be required, most towers will install, pay service for and
utilize costly ELDs even when not required to do so by the regulations
to avoid harsh penalties such as out of service orders and expensive
fines. TRAA firmly believes it is appropriate to exempt towers from the
ELD regulation, and without an exemption from the ELD regulation
towers' responsiveness to their customers and the motoring public would
be severely reduced, and costs for towing services would increase
commeasurably. This will place an unfair burden on the motoring public
at large that has not been accounted for in the cost benefit analysis
for this regulation.
    According to TRAA, towing industry operations represent a unique
and vital segment of the overall transportation industry in America
that warrants exemption from the ELD regulation. The failure to grant
this exemption will cause confusion and create an overly complex
regulatory framework which will pose an undue burden on towers and
their customers without any measurable benefit to public safety.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    According to TRAA, granting this exemption will have no negative
impact on public safety or compliance with the HOS regulations by the
towing industry companies given that most operate under the short haul
or local provisions found in 49 CFR 395.1(e)(1) for drivers of vehicles
requiring a commercial driver's license (CDL), and 49 CFR 395.1(e)(2)
for drivers of CMVs not requiring a CDL. Instead, the exception will
apply only to the small percentage of tow drivers who operate outside
these exceptions on longer, interstate trips. The towing industry will
maintain a level of safety equal to, or greater than would be achieved
while using ELDs by fully complying with the current HOS regulations
and not having undue interruption to their current scheduling and
staffing methods that have served the industry well in the past.
    A copy of TRAA's application for exemption is available for review
in the docket for this notice.

    Issued on: December 29, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00247 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-EX-P