[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Rules and Regulations]
[Pages 59450-59458]
[FR Doc No: 2014-23433]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395,
and 397

[Docket No. FMCSA-2014-0262]
RIN 2126-AB76

General Technical, Organizational, and Conforming Amendments to
the Federal Motor Carrier Safety Regulations

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout title 49 of the Code of Federal Regulations (CFR), subtitle
B, chapter III. The Agency is making minor changes to correct errors
and omissions, ensure conformity with Office of the Federal Register
style guidelines, update references, and improve clarity and
consistency of certain regulatory provisions. This rule does not make
any substantive changes to the affected regulations.

DATES: Effective October 2, 2014. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51 as of October 2, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Strasser, Federal Motor
Carrier Safety Administration, Office of the Chief Counsel, Regulatory
Affairs Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001, by telephone at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>Office hours are from 8:00 a.m. to 5:30 p.m.
e.t., Monday through Friday, except Federal holidays.
    If you have questions on viewing the docket, please call Ms. Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis for the Rulemaking

    Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat.
931 (1966)). Section 55 of the DOT Act transferred to the Department
the authority of the former Interstate Commerce Commission (ICC)

to regulate the qualifications and maximum hours-of-service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce. See 49 U.S.C. 104. This authority,
first granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-
255, 49 Stat. 543, Aug. 9, 1935), now appears in chapter 315 of title
49 of the U.S. Code. The regulations issued under this authority became
known as the Federal Motor Carrier Safety Regulations, appearing
generally at 49 CFR parts 350-399. The administrative powers to enforce
chapter 315 were also transferred from the ICC to the DOT in 1966 and
appear in chapter 5 of title 49 of the U.S. Code. The Secretary of the
U.S. DOT (Secretary) delegated oversight of these provisions to the
Federal Highway Administration (FHWA), a predecessor agency of the
FMCSA. The FMCSA Administrator has been delegated authority under 49
CFR 1.87 to carry out the motor carrier functions vested in the
Secretary.
    Between 1984 and 1999, a number of statutes added to FHWA's
authority. Various statutes authorize the enforcement of the FMCSRs,
the Hazardous Materials Regulations (HMRs), and the Commercial
Regulations, and provide both civil and criminal penalties for
violations of these requirements. These statutes include the Motor
Carrier Safety Act of 1984 (Pub. L. 98-554, 98 Stat. 2832, Oct. 30,
1984), codified at 49 U.S.C. chapter 311, subchapter III; the
Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 100 Stat.
3207-170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the
Hazardous Materials Transportation Uniform Safety Act of 1990, as
amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at
49 U.S.C. chapter 51; and the ICC Termination Act of 1995 (Pub. L. 104-
88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-
149.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within the DOT, effective January 1, 2000. The
motor carrier safety responsibilities previously assigned to both the
ICC and the FHWA are now assigned to FMCSA. Congress expanded,
modified, and amended FMCSA's authority in the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Pub. L.
107-56, 115 Stat. 272, Oct. 26, 2001), the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005), the SAFETEA-LU
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572,
June 6, 2008), and the Moving Ahead for Progress in the 21st Century
Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012).
    The provisions of the FMCSRs amended by this rule are based on the
statutes detailed above. The legal authority for each of those
provisions was explained when the requirement was originally adopted
and is noted at the beginning of each part in title 49 of the CFR.
Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
    The Administrative Procedure Act (APA) (5 U.S.C. 551-706)
specifically provides exceptions to its notice and public comment
rulemaking procedures where the Agency finds there is good cause (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) to dispense with them. Generally, good cause exists
where the Agency determines that notice and public procedures are
impractical, unnecessary, or contrary to the public interest (5 U.S.C.
553(b)). The amendments made in this final rule merely correct
inadvertent errors and omissions, remove or update obsolete references,
and make minor changes to improve clarity and consistency. The
technical amendments do not impose any new requirements, nor do they
make any substantive changes to the CFR. For these reasons, the FMCSA
finds good cause that notice and public comment on this final rule is
unnecessary; thus this rule will be effective on the date of
publication in the Federal Register.

Background

    This document makes editorial changes to correct inaccurate
references and citations, improve clarity, and fix errors. The reasons
for each of these minor revisions are set out below, in a section-by-
section description of the changes. These amendments do not impose any
new requirements, nor do they make substantive changes to the CFR.

Section-by-Section Analysis

    This section-by-section analysis describes the technical amendment
provisions in numerical order.

Part 355

    Appendix A to Part 355. Under the section for ``Regulatory
Review,'' the paragraph titled ``Hours of Service of Drivers'' is
revised to account for the final rules of December 27, 2011 (76 FR
81134) and October 28, 2013 (78 FR 64179). In addition, new text
summarizing requirements for passenger carriers is added.

Part 365

    Section 365.405. In paragraph (a)(1), the name of the office that
receives filings of Form OP-FC-1 is changed from the former name ``IT
Operations Division (MC-RIO)'' to ``Office of Registration and Safety
Information (MC-RS).''
    Section 365.411. In paragraph (b), the name of the office that
receives filings of protests and petitions for reconsideration is
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office
of Registration and Safety Information (MC-RS).''
    Section 365.413. In paragraph (b), the name of the office that
receives filings of protests and petitions for reconsideration is
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office
of Registration and Safety Information (MC-RS).''

Part 369

    Section 369.6. The phrase ``Office of Information Technology'' (MC-
RI) is removed and replaced with the phrase ``Office of Registration
and Safety Information (MC-RS)'' to reflect the proper name of the
office with such responsibilities.

Part 383

    Section 383.3. The Interpretative rule referenced in Question 18
and responsive Guidance to Sec.  383.3 is removed. Question 18 was
published April 4, 1997 (65 FR 16394). FMCSA rescinds that
interpretation and motor carriers should no longer rely on that
guidance since it was made obsolete by the Hazardous Materials
Transportation Uniform Safety Act of 1990 Sec.  4, (Pub. L. 101-615,
Nov. 16, 1990), which granted the Pipeline and Hazardous Materials
Safety Administration jurisdiction over intrastate hazardous materials.
The Hazardous Materials Regulations (HMRs) apply to the transport of
hazardous materials requiring placarding, regardless of the type of
vehicle utilized. Also note that this deletion ensures internal
consistency with related guidance. Specifically, guidance to Sec.
383.97, Question 7, clarifies that all drivers of vehicles required to
be placarded need to have a Commercial Driver's License (CDL) with an
HM endorsement.
    Section 383.5. First, under the definition for ``Conviction,'' the
word ``probated'' is removed and replaced with the word ``prorated'' to
correct an error. Second, the definition of commercial motor vehicle is
amended to add the names of the three vehicle

groups listed in 49 CFR 383.91(a): Combination Vehicle (Group A), Heavy
Straight Vehicle (Group B), and those vehicles that meet neither the
Group A nor Group B requirements (Group C). This amendment does not
change the applicability of the commercial driver's license (CDL)
requirements in any way, but provides a practical means for the reader
to understand how the four individual components of the definition in
Sec.  383.5 align with the three vehicle groups listed in Sec.  383.91.
As such, the amended definition provides a valuable reference tool for
CDL applicants and holders, employers, and motor carrier enforcement
personnel by eliminating the need to reference multiple sections within
part 383.
    Section 383.73. The March 25, 2013 CDL Testing and CLP Standards
final rule (78 FR 17875) made revisions to several provisions of parts
383 and 384 to include a prohibition on the transfer of Commercial
Learner's Permits (CLPs) as provided in the Commercial Driver's License
Information System (CDLIS) State Procedures Manual incorporated by
reference in 49 CFR 384.107. The March 2013 final rule inadvertently
omitted from paragraph (n)(1) conforming changes to reflect the CLP
transfer prohibition. To correct this omission, first, in paragraph
(n)(1), the phrase ``or upgraded CLP, or an initial, renewed'' is added
after the word ``renewed.'' Also, after the first instance of the word
``upgraded'' the phrase ``or transferred CLP or'' is removed. The other
change in paragraph (n)(1) concerns knowledge and skills test scores
verification before a transferred CDL is issued. Verification of test
scores is not needed when a CDL is transferred to another State because
the scores were previously verified when the CDL was initially issued
in the former State of record. This change is consistent with the
requirements in Sec. Sec.  383.135(c) and 384.225 that exclude the test
scores from being part of the CDLIS driver record (as defined by 49 CFR
383.5) that is required to be sent to the new State of record upon
transfer of a CDL. Therefore, States cannot and need not enforce the
knowledge and skills test scores verification requirements for a CDL
transferred to a new State of record under Sec.  383.73(n)(1). This
amendment addresses this issue by removing the requirement to verify
knowledge and skills test scores when a CDL is transferred to a new
State of record.
    In paragraph (o)(4), after the third instance of the word
``medical'' the following phrase is added: ``examiner's certificate is
voided or rescinded or a medical.'' This clarifies statutory authority
granted to FMCSA under 49 U.S.C. section 31149(c)(2) for FMCSA to void
a medical examiner's certificate for a CLP or CDL under certain
circumstances.

Part 384

    Section 384.107. The entire section was revised according to the
incorporation by reference drafting requirements of the Office of the
Federal Register. In paragraph (b), the incorporation by reference of
the AAMVA ``Commercial Driver's License Information System (CDLIS)
State Procedures Manual,'' Release 5.2.0, February 2011, is replaced by
the updated version, Commercial Driver's License Information System
(CDLIS) State Procedures Manual,'' Release <IP_ADDRESS>, August 2013. This
change reflects a routine update of the referenced manual to include
clarifications of procedures related to the medical examiner's
certification as part of the CDL, modification of procedures to reflect
the Federal requirements in the CDL Testing and CLP Standards final
rule and the renumbering of sections and cross-references. Paragraph
(c) is deleted to address the incorporation by reference drafting
requirements of the Office of the Federal Register. The scope of the
incorporation by reference is otherwise unchanged.
    Section 384.206. Paragraph (a)(1) is amended by clarifying that
CLPs cannot be transferred from one State to another State. The March
25, 2013 CDL Testing and CLP standards final rule made revisions to
several sections of 49 CFR parts 383 and 384 to include a prohibition
on the transfer of CLPs, but conforming changes to this section were
mistakenly omitted. This amendment addresses this omission.
    Section 384.209. Paragraph (b)(2) is amended by adding the phrase
``from a foreign country'' after the phrase ``a person'' to implement
MAP-21 section 32203(b) requiring reporting of convictions of a foreign
commercial driver to the Federal Convictions and Withdrawal Database.
The current language could be seen as applying to all commercial
drivers from the United States, but that contradicts the plain language
of the statute limiting application to a foreign commercial driver.
    Section 384.212. In paragraph (b), the phrase ``CLP or,''
inadvertently appears twice. The March 25, 2013 CDL Testing and CLP
Standards final rule made revisions to several sections of 49 CFR parts
383 and 384 to include a prohibition on the transfer of CLPs, but
mistakenly omitted conforming changes to this section. This amendment
addresses that omission.
    Section 384.225. Paragraph (e) is amended to ensure the language
properly correlates with the section's lead in language ``the state
must,'' and, thus, is grammatically correct. The word ``allow'' is
inserted and the word ``may'' is replaced by the word ``to'' for
clarity.
    Paragraph (f) is amended by changing ``The'' to ``Ensure the'' at
the beginning of the paragraph for grammatical precision. Also, the
phrase regarding the National Law Enforcement Telecommunications System
(NLETS) is removed, since NLETS is not maintaining the CDLIS system,
but only has the ability to access CDLIS data.
    Section 384.228. Paragraph (j)(2) is moved to paragraph (h)(3).
Movement of this text reflects new requirements placed in paragraph
(h)(1) as part of the March 25, 2013 CDL Testing and CLP Standards
final rule (78 FR 17875), which changed background checks from an
annual requirement to a one-time event. This is a conforming amendment
to retain existing requirements for such background checks and to place
such requirements in the appropriate place within Sec.  384.228.
    Section 384.229. Paragraph (b) is amended by deleting the sentence
beginning after ``examiners,'' which reads: ``For third party testers
and examiners who were granted the training and skills testing
exception under Sec.  383.75(a)(7), the covert and overt monitoring
must be performed at least once every year;.'' The March 25, 2013 CDL
Testing and CLP Standards final rule (78 FR 17875) removed the
exception under Sec.  383.75(a)(7) referenced in Sec.  384.229. This is
a conforming amendment to clarify that the exception was deleted.
    Section 384.305. In the final untitled paragraph, the phrase
``Approved by the Office of Management and Budget under control number
2125-0542'' is deleted for clarity. The reference to a specific OMB
information collection is outdated and confusing in the context of the
State certification requirements.

Part 385

    Section 385.308. Paragraph (a)(1) is corrected by adding the word
``motor'' after ``commercial'' and before ``vehicle'' to provide the
proper term ``commercial motor vehicle,'' as utilized in part 385 and
defined in Sec.  385.3.
    Section VII of Part 385, Appendix B. In the ``List of Acute and
Critical Regulations'' the following paragraph regarding Sec.
397.101(d) is deleted: ``Requiring or permitting the operation of a
motor vehicle containing highway route-controlled quantity, as defined
in

Sec.  173.403, of radioactive materials that is not accompanied by a
written route plan.'' This provision was mistakenly added to part 385,
Appendix B and will therefore be deleted.

Part 387

    Section 387.15. The references to OMB numbers 2125-0074 and 2125-
0075 are deleted for clarity in Illustrations I and II respectively.
Such references to specific OMB information collection approvals are
outdated, confusing, and superfluous in the context of the rules'
sample illustrations of insurance and surety bond forms.
    Section 387.39. The reference to OMB approval under control number
2125-0518 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rules' sample illustration of a motor carrier
public liability surety bond.

Part 390

    Section 390.5. First, under the definition of ``Conviction,'' the
word ``probated'' is removed and replaced with the word ``prorated'' to
correct an error. Second, a definition of ``Crash'' that cross-
references the existing definition of ``Accident'' in 49 CFR 390.5 is
added to clarify that these terms are synonymous.
    Section 390.19. In paragraph (d), the name of the office to file
forms MCS-150, MCS-150B and MCS-150C is changed in the first sentence
from ``Office of Information Management'' to ``Office of Registration
and Safety Information.'' Also, in the first sentence after the word
``with'' the word ``the'' is inserted to correct the grammar. In the
second sentence, the office to file forms with is changed from ``Office
of Information Management, MC-RIO'' to ``Office of Registration and
Safety Information (MC-RS).''
    Section 390.40. The cross-reference to Sec.  386.72(b)(1) in
paragraph (j) is an error and is replaced with the correct cross-
reference to section 386.72(b)(3).

Part 391

    Section 391.63. The reference to approval under OMB control number
2125-0081 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rules' description of the obligations for motor
carriers employing multiple-employer drivers.

Part 392

    Section 392.5. In paragraph (a)(3), the word ``and'' is changed to
``or'' to correct an error.

Part 395

    Section 395.8. The reference to OMB approval under control number
2125-0016 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rule's sample illustration of regulations, which
generally outline drivers' record of duty status obligations and
provide a sample duty status graph grid.

Part 397

    Section 397.69. Paragraph (b) is amended to reflect statutory
changes under section 33013(b) of MAP-21, which amended 49 U.S.C.
5125(c)(1) to require publication of highway route designations in the
Department's hazardous materials route registry under 49 U.S.C.
5112(c). The citation to section 105(b)(4) of the Hazardous Materials
Transportation Act is deleted since it is now obsolete. Language
regarding an effective date of November 14, 1996, is also deleted since
it is also obsolete.
    In paragraph (c), the phrase ``of this subpart'' is amended to read
``of this part'' to correct an inaccurate reference.
    Section 397.73. In paragraph (a), footnote 2 is deleted and
replaced by an internet link for convenience. Also, the reference to
FMCSA is replaced by the ``Federal Highway Administration (FHWA),''
since that latter agency is the correct publisher of the ``Manual on
Uniform Traffic Control Devices for Streets and Highways.''
    In paragraph (b), additional text is added since section 33013(a)
of MAP-21 amended 49 U.S.C. section 5112(c) to add State reporting
requirements, which include the name of the responsible agency for
hazmat materials highway route designations. In addition, the phrase
``regarding designations existing on November 14, 1994'' is deleted as
obsolete. Also, based on a new requirement from section 33013(b) of
MAP- 21, a State or Tribally-designated route is effective only after
it is published in FMCSA's Hazardous Materials Route Registry. This
requirement is added as new paragraph (c).
    The reference to OMB approval under control number 2125-0554 at the
end of the section is deleted for clarity. Such a reference to a
specific OMB information collection approval is outdated, confusing,
and superfluous in the context of the rule's public information and
reporting requirements.
    Section 397.103. Based on a new publication requirement from
section 33013(b) of MAP-21, the following sentence will be added as a
new paragraph (c)(3) to clarify when a new routing designation is
effective for radioactive materials: ``The route is published in
FMCSA's Hazardous Materials Route Registry.''

Rulemaking Analyses

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

    FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011),
or within the meaning of the DOT regulatory policies and procedures (44
FR 1103, February 26, 1979). Thus, the Office of Management and Budget
(OMB) did not review this document. We expect the final rule will have
minimal costs; therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
601-612), FMCSA has evaluated the effects of this rule on small
entities. Because the rule makes only minor editorial corrections and
places no new requirements on the regulated industry, FMCSA certifies
that this action will not have a significant economic impact on a
substantial number of small entities.

Unfunded Mandates Reform Act

    The final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $141.9
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or

modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes the
power of any State to enforce its own laws. Accordingly, this
rulemaking does not have Federalism implications warranting the
application of E.O. 13132.

E.O. 12372 (Intergovernmental Review)

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175 titled, ``Consultation and Coordination with Indian Tribal
Governments,'' because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule.

National Environmental Policy Act

    FMCSA analyzed this final rule for the purpose of ascertaining the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined under our Environmental Procedures
Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would
not have any effect on the quality of the environment. In addition,
this final rule is categorically excluded from further analysis and
documentation under the Categorical Exclusion (CE) in paragraph 6(b) of
Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial
corrections such as found in this rulemaking; therefore preparation of
an environmental assessment or environmental impact statement is not
necessary.
    The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not affect direct or indirect
emissions of criteria pollutants.

E.O. 12898 (Environmental Justice)

    This technical amendment final rule is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994). Executive Order 12898
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to make environmental justice part
of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. FMCSA
determined that this rule will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations because it does not change the substance of any of the
FMCSRs.

E.O. 13211 (Energy Effects)

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

E.O. 13045 (Protection of Children)

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

E.O. 12988 (Civil Justice Reform)

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

E.O. 12630 (Taking of Private Property)

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

National Technology Transfer and Advancement Act

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

Privacy Impact Assessment

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

List of Subjects

49 CFR Part 355

    Highway safety, Intergovernmental relations, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.

49 CFR Part 369

    Reporting and recordkeeping requirements.

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety and motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, and Motor carriers.

49 CFR Part 385

    Administrative practice and procedure, Highway safety,
Incorporation by reference. Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.

49 CFR Part 392

    Driving of Commercial Motor Vehicles.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.

49 CFR Part 397

    Administrative practice and procedure, Highway safety,
Intergovernmental relations, Motor carriers, Parking, Radioactive
materials, Reporting and recordkeeping requirements, Tires.

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, and
397, as set forth below:

PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS

0
1. The authority citation for part 355 continues to read as follows:

    Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.

0
2. Amend appendix A to part 355 by revising the paragraphs titled
``Hours of Service of Drivers'' to read as follows:

Appendix A to Part 355--Guidelines for the Regulatory Review

* * * * *

Hours of Service of Drivers

    The following is a high-level summary of the hours-of-service
regulations governing property and passenger carriers. The
description below outlines only some of the major provisions, but
does not capture all the detailed requirements. For the detailed
provisions, which include rest breaks, sleeper berth, and records of
duty status issues, see part 395 of this subchapter.
    The hours-of-service regulations prohibit both property and
passenger carriers from allowing or requiring any driver to drive as
follows:
    1. Property. More than 11 hours after 10 consecutive hours off
duty within a consecutive 14-hour duty period, and more than 60/70
hours on duty in 7/8 consecutive days. A driver may restart a 7/8
consecutive day period after taking 34 or more consecutive hours off
duty, which includes two periods from 1 a.m. to 5 a.m., home
terminal time. The restart may be used only once per week, or 168
hours, measured from the beginning of the previous restart.
    2. Passenger. More than 10 hours after 8 consecutive hours off
duty within a 15-hour duty period, and more than 60/70 hours on duty
in 7/8 consecutive days.
* * * * *

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
3. The authority citation for part 365 continues to read as follows:

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; and 49 CFR 1.87.

Sec.  365.405  [Amended]

0
4. Amend Sec.  365.405(a)(1) by removing the phrase ``IT Operations
Division (MC-RIO)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.

Sec.  365.411  [Amended]

0
5. Amend Sec.  365.411(b) by removing the phrase ``IT Operations
Division (MC-RIO)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.

Sec.  365.413  [Amended]

0
6. Amend Sec.  365.413(b) introductory text by removing the phrase ``IT
Operations Division (MC-RIO)'' and adding in its place the phrase
``Office of Registration and Safety Information (MC-RS)''.

PART 369--REPORTS OF MOTOR CARRIERS

0
7. The authority citation for part 369 continues to read as follows:

    Authority: 49 U.S.C. 14123; 49 CFR 1.87.

Sec.  369.6  [Amended]

0
8. Amend Sec.  369.6 by removing the phrase ``Office of Information
Technology (MC-RI)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
9. The authority citation for part 383 continues to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.

0
10. Amend Sec.  383.5 by revising the definitions of ``Commercial motor
vehicle (CMV)'' and ``Conviction'' to read as follows:

Sec.  383.5  Definitions.

* * * * *
    Commercial motor vehicle (CMV) means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle is a--
    (1) Combination Vehicle (Group A)--having a gross combination
weight rating or gross combination weight of 11,794 kilograms or more
(26,001 pounds or more), whichever is greater, inclusive of a towed
unit(s) with a gross vehicle weight rating or gross vehicle weight of
more than 4,536 kilograms (10,000 pounds), whichever is greater; or
    (2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight
rating or gross vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
    (3) Small Vehicle (Group C)--(i) that does not meet Group A or B
requirements;
    (ii) Is designed to transport 16 or more passengers, including the
driver; or
    (iii) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
* * * * *
    Conviction means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty
or nolo contendere accepted by the court, the payment of a fine or
court cost, or violation of a condition of release without bail,
regardless of whether or

not the penalty is rebated, suspended, or prorated.
* * * * *

0
11. Amend Sec.  383.73 by revising paragraphs (n)(1) and (o)(4)(i)
introductory text to read as follows:

Sec.  383.73  State procedures.

* * * * *
    (n) * * *
    (1) Prevent the issuance of an initial, renewed or upgraded CLP or
an initial, renewed, upgraded, or transferred CDL when the results of
transactions indicate the applicant is unqualified. These controls, at
a minimum, must be established for the following transactions: State,
CDLIS, and PDPS driver record checks; and Social Security Number
verification. Knowledge and skills test scores verification controls
must be established for an initial, renewed, or upgraded CDL.
* * * * *
    (o) * * *
    (4) * * * (i) Beginning January 30, 2012, if a driver's medical
certification or medical variance expires, or FMCSA notifies the State
that a medical examiner's certificate is voided or rescinded or a
medical variance was removed or rescinded, the State must:
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
12. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.

0
13. Revise Sec.  384.107 to read as follows:

Sec.  384.107  Matter incorporated by reference.

    (a) Incorporation by reference. This part includes references to
certain matter or materials. The text of the materials is not included
in the regulations contained in this part. The materials are hereby
made a part of the regulations in this part. The Director of the Office
of the Federal Register has approved the materials incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For
materials subject to change, only the specific version approved by the
Director of the Office of the Federal Register and specified in the
regulation are incorporated. Material is incorporated as it exists on
the date of the approval and a notice of any change in these materials
will be published in the Federal Register. All of the materials
incorporated by reference are available from the sources listed below
and available for inspection at the Department of Transportation
Library, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; telephone
is<PHONE_NUMBER>. These documents are also available for inspection
and copying as provided in 49 CFR part 7. They are also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The American Association of Motor Vehicle Administrators
(AAMVA), 4301 Wilson Boulevard, Suite 400, Arlington, VA 22203, (703)
522-1300, http://www.aamva.org.
    (1) ``Commercial Driver's License Information System (CDLIS) State
Procedures Manual,'' Release <IP_ADDRESS>, August 2013, incorporation by
reference approved for Sec. Sec.  384.225(f) and 384.231(d).
    (2) [Reserved]

0
14. Amend Sec.  384.206 by revising (a)(1) introductory text to read as
follows:

Sec.  384.206  State record checks.

    (a) * * *
    (1) Before issuing, renewing, or upgrading a CLP or issuing,
renewing, upgrading or transferring CDL to any person, the driver's
State of record must, within the period of time specified in Sec.
384.232, check its own driver records as follows:
* * * * *

Sec.  384.209  [Amended]

0
15. Amend Sec.  384.209(b)(2) by adding the phrase ``from a foreign
country'' after the phrase ``a person'' and before the phrase ``who is
unlicensed.''

0
16. Revise Sec.  384.212(b) to read as follows:

Sec.  384.212  Domicile requirement.

* * * * *
    (b) The State must require any person holding a CDL issued by
another State to apply for a transfer CDL from the State within 30 days
after establishing domicile in the State, as specified in Sec.
383.71(c) of this subchapter.
0
17. Amend Sec.  384.225 by revising paragraph (e) introductory text and
paragraph (f) to read as follows:

Sec.  384.225  CDLIS driver recordkeeping.

* * * * *
    (e) Only allow the following users or their authorized agents to
receive the designated information:
* * * * *
    (f) Ensure the content of the report provided a user authorized by
paragraph (e) of this section from the CDLIS driver record is
comparable to the report that would be generated by a CDLIS State-to-
State request for a CDLIS driver history, as defined in the ``CDLIS
State Procedures Manual'' (incorporated by reference, see Sec.
384.107(b)), and must include the medical certification status
information of the driver in paragraph (a)(2) of this section. This
does not preclude authorized users from requesting a CDLIS driver
status.
0
18. Amend Sec.  384.228 by adding paragraph (h)(3) and revising
paragraph (j) to read as follows:

Sec.  384.228  Examiner training and record checks.

* * * * *
    (h) * * *
    (3) Criteria for not passing the criminal background check must
include at least the following: (i) Any felony conviction within the
last 10 years; or (ii) Any conviction involving fraudulent activities.
    (j) Rescind the certification to administer CDL tests of all test
examiners who do not successfully complete the required refresher
training every 4 years.
* * * * *

0
19. Revise Sec.  384.229(b) to read as follows:

Sec.  384.229  Skills test examiner auditing and monitoring.

* * * * *
    (b) At least once every 2 years, conduct covert and overt
monitoring of examinations performed by State and third party CDL
skills test examiners.
* * * * *

Sec.  384.305  [Amended]

0
20. Amend Sec.  384.305 by removing the phrase ``(Approved by the
Office of Management and Budget under control number 2125-0542)'' at
the end of the section.

PART 385--SAFETY FITNESS PROCEDURES

0
21. The authority citation for part 385 continues to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub.
L. 107-87; and 49 CFR 1.87.

Sec.  385.308  [Amended]

0
22. Amend Sec.  385.308(a)(1) by adding the word ``motor'' after the
word ``commercial'' and before the word ``vehicle.''

Appendix B to Part 385 [Amended]

0
23. In Appendix B to Part 385, section VII, List of Acute and Critical
Regulations, remove the entry for Sec.  397.101(d), which reads
``Requiring or permitting the operation of a motor vehicle containing
highway route-controlled quantity, as defined in Sec.  173.403, of
radioactive materials that is not accompanied by a written route
plan.''

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS

0
24. The authority citation for part 387 continues to read as follows:

    Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139,
and 31144; and 49 CFR 1.87.

Sec.  387.15  [Amended]

0
25. Amend Sec.  387.15 as follows:
0
a. Remove the designation ``OMB No. 2125-0074'' under the center
heading ``Illustration I'' and following the phrase ``Form Approved.''
0
b. Remove the phrase ``(Form approved by Office of Management and
Budget under control no. 2125-0075)'' under the center heading
``Illustration II'' and following the phrase ``Form MCS-82 (4/83).''

Sec.  387.39  [Amended]

0
26. Amend Sec.  387.39 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0518)'' at the end
of the section.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
27. The authority citation for part 390 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678;
sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended
by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-
1744); sec. 4136, Pub. L. 109-59, 119 Stat. 114, 1745; sections
32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; and 49
CFR 1.87.

0
28. Amend Sec.  390.5 as follows:
0
a. In the definition of ``Conviction'' remove the word ``probated'' and
add in its place the word ``prorated.''
0
b. Add a definition for ``Crash'' in alphabetical order.

Sec.  390.5  Definitions.

* * * * *
    Crash--See accident.
* * * * *

0
29. Revise Sec.  390.19(d) to read as follows:

Sec.  390.19  Motor carrier, hazardous material shipper, and intermodal
equipment provider identification reports.

* * * * *
    (d) Where to file. The required form under paragraph (a) of this
section must be filed with the FMCSA Office of Registration and Safety
Information. The form may be filed electronically according to the
instructions at the Agency's Web site, or it may be sent to Federal
Motor Carrier Safety Administration, Office of Registration and Safety
Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
* * * * *

Sec.  390.40  [Amended]

0
30. Amend Sec.  390.40(j) by removing the reference ``Sec.
386.72(b)(1)'' and adding in its place ``Sec.  386.72(b)(3)''.

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
31. The authority citation for part 391 continues to read as follows:

    Authority:  49 U.S.C. 504, 508, 31133, 31136, and 31502; sec.
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.

Sec.  391.63  [Amended]

0
32. Amend Sec.  391.63 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0081)''.

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
33. The authority citation for part 392 continues to read as follows:

    Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR
1.87.

Sec.  392.5  [Amended]

0
34. Amend Sec.  392.5(a)(3) introductory text by removing the word
``and'' and adding in its place the word ``or.''

PART 395--HOURS OF SERVICE OF DRIVERS

0
35. The authority citation for part 395 continues to read as follows:

    Authority:  49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.

Sec.  395.8  [Amended]

0
36. Amend Sec.  395.8 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0016)'' at the end
of the section.

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES

0
37. The authority citation for part 397 continues to read as follows:

    Authority:  49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.

0
38. Amend Sec.  397.69 by revising paragraphs (b) and (c) to read as
follows:

Sec.  397.69  Highway routing designations; preemption.

* * * * *
    (b) Except as provided in Sec. Sec.  397.75 and 397.219, an NRHM
route designation made in violation of paragraph (a) of this section is
preempted pursuant to 49 U.S.C. 5125(c).
    (c) A highway routing designation established by a State, political
subdivision, or Indian tribe before November 14, 1994 is subject to
preemption in accordance with the preemption standards in paragraphs
(a)(1) and (a)(2) of Sec.  397.203.
* * * * *

0
39. Revise Sec.  397.73 to read as follows:

Sec.  397.73  Public information and reporting requirements.

    (a) Public information. Information on NRHM routing designations
must be made available by the States and Indian tribes to the public in
the form of maps, lists, road signs or some combination thereof. If
road signs are used, those signs and their placements must comply with
the provisions of the Manual on Uniform Traffic Control Devices for
Streets and Highways, published by the Federal Highway Administration

(FHWA), particularly the Hazardous Cargo signs identified as R14-2 and
R14-3 shown in Section 2B-62 of that Manual. This publication may be
accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/.
    (b) Reporting and publishing requirements. Each State or Indian
tribe, through its routing agency, shall provide information
identifying all NRHM routing designations that exist within its
jurisdiction to the Federal Motor Carrier Safety Administration, Office
of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001. States shall also submit to FMCSA the
current name of the State agency responsible for NHRM highway routing
designations. The State or Indian tribe shall include descriptions of
these routing designations, along with the dates they were established.
This information may also be published in each State's official
register of State regulations. Information on any subsequent changes or
new NRHM routing designations shall be furnished within 60 days after
establishment to the FMCSA. This information will be available from the
FMCSA, consolidated by the FMCSA, and published annually in whole or as
updates in the Federal Register. Each State may also publish this
information in its official register of State regulations.
    (c) A State or Tribally-designated route is effective only after it
is published in the Federal Register in FMCSA's Hazardous Materials
Route Registry.

0
40. Amend Sec.  397.103 by adding a new paragraph (c)(3) to read as
follows:

Sec.  397.103  Requirements for State routing designations.

* * * * *
    (c) * * *
    (3) The route is published in FMCSA's Hazardous Materials Route
Registry.
* * * * *

     Issued under authority delegated in 49 CFR 1.87 on: September
23, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-23433 Filed 10-1-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5174-5175]
[DOCID:fr29ja09-73]

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

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3300-EM;Docket ID FEMA-2008-0018]

District of Columbia; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the District of Columbia (FEMA-3300-EM), dated January
13, 2009, and related determinations.

DATES: Effective Date: January 13, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 13, 2009, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the District
of Columbia resulting from the 56th Presidential Inauguration during
the period of January 17-21, 2009, are of sufficient severity and
magnitude to warrant an emergency declaration under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
Sec. Sec.  5121-5207 (the Stafford Act). Therefore, I declare that
such an emergency exists in the District of Columbia.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act to save lives and protect public health and safety, or
to lessen or avert the threat of a catastrophe in the designated
areas. Specifically, you are authorized to provide direct Federal
assistance at 100 percent Federal funding for the period of January
17-21, 2009; and reimbursement of emergency protective measures
(Category B), under the Public Assistance program, at 100 percent
Federal funding for work performed on January 20, 2009. FEMA will
reimburse for eligible emergency protective measures performed on
January 20, 2009, only if the District has expended on the
Presidential Inauguration during the period of January 17-21, 2009,
the $15 million appropriated to it for ``Emergency Planning and
Security Costs'' by the Continuing Appropriations Resolution 2009,
P.L. 110-329. In addition, you are authorized to provide such other
forms of assistance under Title V of the Stafford Act as you may
deem appropriate.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal emergency assistance and
administrative expenses.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Donald
L. Keldsen, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the District of Columbia have been
designated as adversely affected by this declared emergency:

    The District of Columbia for direct Federal assistance at 100
percent Federal funding for the period of January 17-21, 2009; and
reimbursement of emergency protective measures (Category B), under
the Public Assistance program, at 100 percent Federal funding for
work performed on January 20, 2009. FEMA will reimburse for eligible
emergency protective measures performed on January 20, 2009, only if
the District has expended on the Presidential Inauguration during
the period of January 17-21, 2009, the $15 million appropriated to
it for ``Emergency Planning and Security Costs'' by the Continuing
Appropriations Resolution 2009, Public Law 110-329.

    (The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-1878 Filed 1-28-09; 8:45 am]

BILLING CODE 9111-23-P


                   Intermountain West and Pacific Northwest
                            Environmental Advocates

April 6, 2014

The Honorable Janet McCabe
Assistant Administrator for Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

The Honorable Joseph Goffman
Senior Counsel to the Assistant Administrator for Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

The Honorable Shaun McGrath
EPA Region Eight Administrator
1595 Wynkoop St.

Denver, CO 80202-1129

The Honorable Dennis McLerran
EPA Region Ten Administrator
1200 Sixth Avenue, Suite 900

Seattle, WA 98101

Dear Madam and Sirs:
The undersigned organizations appreciate the challenges facing the President, EPA and State air and utility regulators in proposing to regulate and abate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act.
We share a strong interest in identifying a coordinated compliance pathway for the interconnected Pacific Northwest and Intermountain West states, and perhaps beyond.  Among the reasons for promoting coordination among states in our region is the particular architecture of our regional electrical power system, which involves sources in the Intermountain West exporting substantial quantities of power to loads in the Pacific Northwest. In addition, we seek an outcome that achieves the necessary steep reductions in power plant emissions, consistent with what climate science demands to urgently arrest and reverse the mounting and perilous quantities of greenhouse gases accumulating in the earth's atmosphere.  It is incumbent upon all of us to achieve those reductions in a cost-efficient manner for our region's consumers and communities.

Several different approaches are available to achieve these objectives. The attached White Paper, prepared for Natural Resources Defense Council, discusses how different approaches might function within our region.  The White Paper introduces the concept of "multilateral State-to-State agreements" as one approach to coordination across the states in our region.  While we remain open to a variety of different approaches, we encourage EPA to consider the approach that the White Paper presents and to reserve flexibility in the draft rule to accommodate such state-to-state agreements.
We are happy to continue discussing this and other concepts that will enable a rigorous, fair, economical and effective 111(d) rule.

Sincerely,

Climate Solutions
Environment Oregon
Environment Washington,
Idaho Conservation League
Montana Environmental Information Center
Natural Resources Defense Council
Northwest Energy Coalition
Oregon Environmental Council
Powder River Basin Resource Council
Renewable Northwest Project
Snake River Alliance
Utah Clean Energy
Washington Environmental Council
Western Resource Advocates


[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29774-29777]
[FR Doc No: 2023-09686]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97423; File No. SR-MSRB-2023-04]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Amend MSRB Rule G-27 To Further Extend the Current Regulatory
Relief for Remote Office Inspections Through June 30, 2024 and Amend
MSRB Rule G-16 To Delete Temporary Relief for the Initiation of
Periodic Compliance Examinations of Dealers by the Examining
Authorities

May 2, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on April 27, 2023, the Municipal Securities
Rulemaking Board (``MSRB'' or ``Board'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the MSRB. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB filed with the Commission a proposed rule change to (i)
amend Supplementary Material .01, Temporary Relief for Completing
Office Inspections, of MSRB Rule G-27, on Supervision, to further
extend the current regulatory relief and permit brokers, dealers and
municipal securities dealers (each, individually ``dealer'' and
collectively ``dealers'') to conduct office inspections due to be
completed during calendar year 2023 remotely through December 31, 2023,
and office inspections due to be completed during calendar year 2024
remotely through June 30, 2024; and (ii) delete Supplementary Material
.01, Temporary Relief for Completing Periodic Compliance Examination,
of MSRB Rule G-16, on periodic compliance examinations, which provided
temporary relief for the initiation of periodic compliance examinations
of dealers by registered securities associations \3\ and appropriate
regulatory agencies \4\ (collectively, the ``examining authorities'')
(collectively the ``proposed rule change''). The MSRB has designated
the proposed rule change as constituting a ``noncontroversial'' rule
change under section 19(b)(3)(A) \5\ of the Act and Rule 19b-4(f)(6)
\6\ thereunder, which renders the proposal effective upon receipt of
this filing by the Commission. The MSRB proposes an operative date of
July 1, 2023.
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    \3\ Section 15B(c)(7)(A)(i) of the Exchange Act provides that
periodic examinations of municipal securities brokers and municipal
securities dealers shall be conducted by a registered securities
association, in the case of municipal securities brokers and
municipal securities dealers that are members of such association.
The Financial Industry Regulatory Authority (``FINRA'') is currently
the only registered securities association. See https://www.sec.gov/rules/sro.shtml.
    \4\ Pursuant to section 15B(c)(7)(A)(ii) of the Exchange Act,
municipal securities brokers and municipal securities dealers who
are not members of a registered securities association shall be
examined by their appropriate regulatory agency. The term
``appropriate regulatory agency'' when used with respect to
municipal securities dealers means, in part, the Office of the
Comptroller of the Currency (``OCC''), the Board of Governors of the
Federal Reserve System (``FRB''), and the Federal Deposit Insurance
Corporation (``FDIC''). See 15 U.S.C. 78c(a)(34)(A). The Commission
also has the authority to examine all registered municipal
securities dealers if the Commission deems it necessary or
appropriate in the public interest, for the protection of investors,
or otherwise in furtherance of the purpose of the Exchange Act. See
15 U.S.C. 78q(b)(1).
    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
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    The text of the proposed rule change is available on the MSRB's
website at https://msrb.org/2023-SEC-Filings, at

the MSRB's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The MSRB has continued to monitor the impact of the coronavirus
disease on municipal market participants and how dealers' operations
and business models have evolved during the public health crisis. The
MSRB previously filed proposed rule changes for immediate effectiveness
with the SEC in April 2020,\7\ in December 2020,\8\ in October 2021,\9\
in March 2022,\10\ and in November 2022 \11\ (``April 2020 relief,''
``December 2020 relief,'' ``October 2021 relief,'' ``March 2022
relief,'' and ``November 2022 relief,'' respectively). In connection
with the April 2020 relief, the MSRB provided an extension of time for
dealers to complete certain supervisory obligations, including, among
other things, that office inspections due to be conducted during
calendar year 2020 could be conducted by March 31, 2021, but with the
expectation that dealers would conduct their inspections on-site. The
December 2020 relief provided dealers with the option to conduct their
office inspections remotely that were due to be completed by March 31,
2021 (for calendar year 2020) and those for calendar year 2021, subject
to certain conditions. The October 2021 relief provided an additional
extension of time permitting dealers to continue to conduct office
inspections remotely through June 30, 2022, for their office
inspections that were due to be completed for calendar year 2022.\12\
The March 2022 relief allowed for dealers to complete office
inspections, due to be completed during calendar year 2022, remotely
through December 31, 2022. The November 2022 relief allowed for dealers
to conduct office inspections, due to be completed during calendar year
2023, remotely through June 30, 2023.
---------------------------------------------------------------------------

    \7\ See Exchange Act Release No. 88694 (April 20, 2020), 85 FR
23088 (April 24, 2020) (File No. SR-MSRB-2020-01).
    \8\ See Exchange Act Release No. 90621 (December 9, 2020), 85 FR
81254 (December 15, 2020) (File No. SR-MSRB-2020-09).
    \9\ See Exchange Act Release No. 93435 (October 27, 2021), 86 FR
60522 (November 2, 2021) (File No. SR-MSRB-2021-06).
    \10\ See Exchange Act Release No. 94383 (March 9, 2022), 87 FR
14596 (March 15, 2022) (File No. SR-MSRB-2022-01).
    \11\ See Exchange Act Release No. 96346 (November 17, 2022), 87
FR 71719 (November 23, 2022) (File No. SR-MSRB-2022-08).
    \12\ The MSRB noted in the October 2021 relief that it would
continue to monitor the effectiveness of remote office inspections
on dealers' overall supervisory systems and would consider more
long-term regulatory initiatives that align with and promote the
evolving ways dealers are doing business and supervising the
activities of a dealer and its associated persons. See Exchange Act
Release No. 93435 (October 27, 2021), 86 FR 60522 (November 2, 2021)
(File No. SR-MSRB-2021-06). The MSRB is still undertaking such
review.
---------------------------------------------------------------------------

    The MSRB understands that a large number of firms have implemented
a hybrid work environment in which particular business functions
continue to be de-centralized. Therefore, the November 2022 relief was
intended to allow dealers time to address ongoing challenges related to
variations of telework arrangements.\13\ The MSRB believes that an
additional extension allowing dealers to conduct office inspections
remotely through the first half of the calendar year (June 30, 2024),
would provide dealers with the necessary time to continue to assess the
current and future state of work and evolve their current supervisory
practices to better support an integrated hybrid work environment.
---------------------------------------------------------------------------

    \13\ See Exchange Act Release No. 96346 (November 17, 2022), 87
FR 71719 (November 23, 2022) (File No. SR-MSRB-2022-08).
---------------------------------------------------------------------------

    Relatedly, in October 2022, FINRA submitted a proposed rule filing
with the SEC to extend its remote office inspection relief through the
earlier of the effective date of its proposed remote office inspection
pilot program,\14\ if approved, or the end of calendar year 2023.\15\
The MSRB believes the extension of time through the first half of the
calendar year (June 30, 2024), will afford the industry time, including
the MSRB, to better assess the impact of FINRA's open rulemaking
initiative pending with the Commission, and provide greater regulatory
certainty as to the length of time dealers can operate under the
current regulatory relief to aid dealers' ability to plan for the
coming year.
---------------------------------------------------------------------------

    \14\ See Exchange Act Release No. 95452 (August 9, 2022), 87 FR
50144 (August 15, 2022) (File No. SR-FINRA-2022-021). FINRA proposes
to amend FINRA Rule 3110, on supervision, to adopt a voluntary,
three-year remote inspection pilot program to allow FINRA member
firms to elect to conduct inspections of some or all of a firm's
branch offices and locations remotely without an on-site visit to
such office or location, subject to specified terms and conditions.
    \15\ See Exchange Act Release No. 96241 (November 4, 2022), 87
FR 67969 (November 10, 2022) (File No. SR-FINRA-2022-030).
---------------------------------------------------------------------------

    To that end, the MSRB is proposing amendments to Supplementary
Material .01 of MSRB Rule G-27. Specifically, the proposed amendments
to Supplementary Material .01 of MSRB Rule G-27 would allow dealers to
satisfy their office inspection obligations by permitting dealers to
conduct office inspections, due to be completed in calendar year 2023,
remotely for the remainder of calendar year 2023, as well as allow
dealers to conduct calendar year 2024 office inspections remotely
through June 30, 2024.\16\
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    \16\ As the MSRB has noted in the past, pursuant to Rule G-
27(g)(ii)(A)(7), a temporary location established in response to the
implementation of a business continuity plan is not deemed an office
for purposes of complying with the office inspection obligations,
under MSRB Rule G-27. See supra note 7.
---------------------------------------------------------------------------

    The conditions required to be met for dealers to avail themselves
of the option to conduct office inspections remotely would remain
unchanged under Rule G-27. However, amendments are being proposed to
paragraphs (a) and (d) of Supplementary Material .01 to reflect the
additional extension of time under the proposed rule change. Pursuant
to paragraphs (b)-(d) of Supplementary Material .01 of MSRB Rule G-27,
as currently effective, dealers electing to conduct their office
inspections remotely must (i) amend or supplement their written
supervisory procedures as appropriate to provide for remote inspections
that are reasonably designed to assist in detecting and preventing
violations of, and achieving compliance with, applicable securities
laws and regulations, and with applicable Board rules; (ii) use remote
office inspections as part of an effective supervisory system, which
would include the ongoing review of activities and functions occurring
at all offices and locations whether or not the dealer conducts
inspections remotely; and (iii) make and maintain a centralized record
for each of the calendar years 2020, 2021, 2022, and for calendar year
2023 through June 30, 2023, separately identifying all offices or
locations that had inspections that were conducted remotely; and any
offices or locations for which the dealer determined to impose
additional supervisory procedures or more frequent monitoring as
provided for under paragraph (c) of Supplementary Material .01, of MSRB
Rule G-27. Thus, under the proposed

rule change, the dates within paragraphs (a) and (d) of Supplementary
Material .01, of MSRB Rule G-27, would be revised to include the
remainder of calendar year 2023 and calendar year 2024 through June 30,
2024, for conducting remote office inspections and with respect to the
related documentation requirement for dealers that elect to conduct
their inspections remotely.
    The proposed rule change also deletes Supplementary Material .01,
Temporary Relief for Completing Periodic Compliance Examinations, of
MSRB Rule G-16, on periodic compliance examination, that provided
temporary relief for completing periodic examinations of dealers by
registered securities associations and appropriate regulatory
agencies.\17\ Supplementary Material .01, of MSRB Rule G-16, currently
provides that any examination initiated between January 1, 2020 and
March 31, 2021 is deemed to have occurred in calendar year 2020. As
that time period has since passed and the Supplementary Material is no
longer relevant, the proposed rule change deletes this Supplementary
Material in order to streamline the rule.
---------------------------------------------------------------------------

    \17\ See Exchange Act Release No. 90621 (December 9, 2020), 85
FR 81254 (December 15, 2020) (File No. SR-MSRB-2020-09).
---------------------------------------------------------------------------

2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
section 15B(b)(2)(C) of the Exchange Act,\18\ which provides that the
MSRB's rules shall be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in municipal securities and municipal
financial products, to remove impediments to and perfect the mechanism
of a free and open market in municipal securities and municipal
financial products, and, in general, to protect investors, municipal
entities, obligated persons, and the public interest.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

    The proposed rule change is designed to provide dealers additional
time to comply with certain obligations under MSRB rules for a
temporary period of time and greater regulatory certainty as to the
length of time dealers can operate under the current regulatory relief
to aid dealers' ability to plan for the coming year. The proposed rule
change does not relieve dealers from compliance with their core
regulatory obligations to establish and maintain a system to supervise
the activities of each of their associated persons that is reasonably
designed to achieve compliance with applicable rules and regulations,
and with applicable MSRB rules, which serve to protect investors,
municipal entities, obligated persons, and the public interest. The
MSRB believes that an additional extension affording dealers the option
to conduct remote inspections, due to be completed in calendar year
2023, as well as the option to conduct remote office inspections, due
to be completed in calendar year 2024, for the first half of the
calendar year (June 30, 2024), is a prudent regulatory approach. This
approach will allow dealers time to continue to adapt their supervisory
practices to long-term hybrid work arrangements while continuing to
serve the important investor protection and public interest objectives
of the inspection obligations. Lastly, the proposed rule change also
will alleviate some of the operational challenges dealers may be
experiencing, which will allow them to more effectively allocate
resources to the operations that facilitate transactions in municipal
securities and municipal financial products, to remove impediments to
and perfect the mechanism of a free and open market in municipal
securities and municipal financial products.\19\
---------------------------------------------------------------------------

    \19\ The proposed rule change only creates the option for
dealers to conduct office inspections remotely through June 30,
2024. With that in mind, dealers should consider whether, under
their particular operating conditions, electing to conduct the
required office inspections remotely would be reasonable under facts
and circumstances.
---------------------------------------------------------------------------

    The proposed rule change to remove outdated references to the
regulatory relief that is no longer applicable would ensure that rule
provisions are clear, accurate, and streamlined, thereby facilitating
compliance and promoting just and equitable principles of trade by
clarifying the regulatory obligations under MSRB rules.

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

    Section 15B(b)(2)(C) of the Act requires that MSRB rules be
designed not to impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act.\20\ In fact,
the MSRB does not believe that the proposed rule change will have any
burden on competition because the proposed rule change treats all
dealers equally in that all dealers have the option to elect to conduct
remote inspections remotely through June 30, 2024. The goal of the
proposed rule change is to grant additional time for dealers to focus
their time on the establishment and integration of long-term hybrid
work arrangements--recognizing the use of a remote work force and
transformative technology to decentralize functions--while also
balancing the regulatory obligation to establish office inspection
schedules for the first half of 2024 and meet their office inspection
obligations, under Supplementary Material .01 of Rule G-27. The
temporary relief afforded does not alter dealers' underlying
obligations under Rule G-27 and with applicable MSRB rules that
directly serve investor protection.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

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

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

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A) of the Act \21\ and Rule 19b-
4(f)(6) \22\ thereunder. At any time within 60 days of the filing of
the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please
include File Number SR-MSRB-2023-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2023-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the MSRB. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to File Number SR-MSRB-2023-04 and should be
submitted on or before May 30, 2023.
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, pursuant to delegated authority.\23\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09686 Filed 5-5-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Proposed Rules]
[Page 6162-6164]
[DOCID:fr08fe10-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1213; Directorate Identifier 2009-NM-097-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model DC-
9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and
MD-88 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain McDonnell Douglas Corporation Model DC-9-81 (MD-81), DC-9-82
(MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. This
proposed AD would require repetitive inspections for cracking of the
lower rear spar caps of the wings, and related investigative and
corrective actions if necessary. This AD would also require repetitive
inspections of certain repaired areas. This proposed AD results from
reports of cracking of the wing rear spar lower cap at the outboard
flap and inboard drive hinge at station Xrs=164.000; the cracking is
due to material fatigue from normal flap operating loads. We are
proposing this AD to detect and correct such fatigue cracking, which
could result in fuel leaks, damage to the wing skin or other structure,
and consequent reduced structural integrity of the wing.

DATES: We must receive comments on this proposed AD by March 25, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>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,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<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 (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1213;
Directorate Identifier 2009-NM-097-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 have received reports of an inspection for fuel leaks that
revealed cracking of the wing rear spar lower cap at the outboard flap
and inboard drive hinge at station Xrs=164.000. The manufacturer
determined that the cracks are the result of material fatigue from
normal flap operating loads. Inspecting this area for cracks will
prevent crack migration and ensure repairs are done before further
damage occurs. Such fatigue cracking, if not detected and corrected in
a timely manner, could result in fuel leaks, damage to the wing skin or
other structure, and consequent reduced structural integrity of the
wing.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin MD80-57A242, dated
May 8, 2009. For Group 1, Configuration 2, and Group 2 airplanes: The
service bulletin describes procedures for repetitive eddy current
testing high frequency (ETHF) inspections for cracking of the lower
rear spar caps of the wings, and related investigative and corrective
actions if necessary. The related investigative action is an ETHF
inspection for cracking of the upper rear spar cap of the wings. The
corrective actions include doing a temporary repair of the lower rear
spar cap, doing a temporary repair of the upper and lower rear spar
cap, and contacting Boeing for repair instructions and doing the
repair. The service bulletin also describes procedures for repetitive
ETHF inspections of any temporary repair, and corrective actions if
necessary. The service bulletin specifies that no action is necessary
for Group 1, Configuration 1, airplanes.
    The recommended compliance time for the initial inspection of the
lower rear spar caps of the wings is before the accumulation of 30,000
total flight cycles or within 3,360 flight cycles after the issue date
on the service bulletin, whichever occurs later. The recommended
repetitive inspection interval is 2,650 flight cycles for airplanes on
which no cracking is found. The recommended compliance

time for the initial inspection of a temporary repair area is 11,000
flight cycles after the repair is done. The service bulletin specifies
that post-repair inspections be repeated at intervals not to exceed
7,000 flight cycles. The related investigative and corrective actions
are done before further flight.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. This proposed AD would require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Difference Between the Proposed AD and Service
Bulletin.''

Difference Between the Proposed AD and Service Bulletin

    The service bulletin specifies that you may contact the
manufacturer for repair instructions if the crack length is longer than
2.0 inches or is located in the rear spar cap forward horizontal leg
radius. In addition, the service bulletin does not provide corrective
action if any crack is found (less than or greater than 2.0 inches) in
a temporary repair during the repetitive inspections. This proposed AD
would require you to repair those conditions in one of the following
ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane that have been approved by the Boeing Commercial Airplanes
Organization Designation Authorization (ODA) that has been authorized
by the FAA to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 670 airplanes of
U.S. registry. We also estimate that it would take about 4 work-hours
per product to comply with this proposed AD. The average labor rate is
$80 per work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $214,400, or $320 per product,
per inspection cycle.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

McDonnell Douglas Corporation: Docket No. FAA-2009-1213; Directorate
Identifier 2009-NM-097-AD.

Comments Due Date

    (a) We must receive comments by March 25, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-9-
81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and
MD-88 airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin MD80-57A242, dated May 8, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of cracking of the wing rear
spar lower cap at the outboard flap and inboard drive hinge at
station Xrs=164.000; the cracking is due to material fatigue from
normal flap operating loads. The Federal Aviation Administration is
issuing this AD to detect and correct fatigue cracking, which could
result in fuel leaks, damage to the wing skin or other structure,
and consequent reduced structural integrity of the wing.

Compliance

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

Repetitive Inspections and Related Investigative and Corrective Actions

    (g) At the applicable times specified in paragraph 1.E. of
Boeing Alert Service Bulletin MD80-57A242, dated May 8, 2009, do the
actions required by paragraphs (g)(1) and (g)(2) of this AD, except
as required by paragraph (h) of this AD.
    (1) Do initial and repetitive eddy current testing high
frequency (ETHF) inspections for cracking of the lower rear spar
caps of the wings, and do all applicable related investigative and
corrective actions, by doing all the applicable actions specified in
the Accomplishment Instructions of Boeing Alert Service Bulletin
MD80-57A242, dated May 8, 2009, except as required by paragraph (i)
of this AD.
    (2) Do initial and repetitive ETHF inspections for cracking of
any temporary repairs, and do all applicable related investigative
and corrective actions, by doing all the applicable actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin MD80-57A242, dated May 8, 2009, except as required by
paragraph (j) of this AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin MD80-57A242, dated May
8, 2009, specifies a compliance time after the date of the service
bulletin, this AD requires compliance within the specified
compliance time after the effective date of this AD.
    (i) If any crack is found during any inspection required by this
AD and Boeing Alert Service Bulletin MD80-57A242, dated

May 8, 2009, specifies contacting Boeing for repair: Before further
flight, repair the crack using a method approved in accordance with
the procedures specified in paragraph (k) of this AD.
    (j) If any crack is found during any inspection of a temporary
repair, before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles 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. Send
information to ATTN: Roger Durbin, Aerospace Engineer, Airframe
Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5233; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (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, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane.

    Issued in Renton, Washington, on January 28, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-2688 Filed 2-5-10; 8:45 am]
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