[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Proposed Rules]
[Pages 35443-35449]
[FR Doc No: 2021-14039]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-2021-0063]
RIN 2126-AC40

Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: FMCSA proposes amendments to its Hazardous Materials Safety
Permits regulations to incorporate by reference the updated Commercial
Vehicle Safety Alliance (CVSA) handbook containing inspection
procedures and Out-of-Service Criteria (OOSC) for inspections of
shipments of transuranic waste and highway route controlled quantities
of radioactive material. The OOSC provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. Currently, the regulations reference the
April 1, 2019, edition of the handbook. Through this document, FMCSA
proposes to incorporate by reference the April 1, 2021 edition.

DATES: Comments on this document must be received on or before August
5, 2021.

ADDRESSES: You may submit comments identified by Docket Number FMCSA
2021-0063 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/docket/FMCSA-2021-0063/document. Follow the online instructions for
submitting comments.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
(202) 366-5541<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, contact Dockets Operations, (202)
366-9826.

SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking (NPRM) is
organized as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Advance Notice of Proposed Rulemaking Not Required
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulations
    B. Congressional Review Act
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
NPRM (Docket No. FMCSA-2021-0063), indicate the specific section of
this document to which your comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2021-0063/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission that constitutes CBI as ``PROPIN'' to indicate it
contains proprietary information. FMCSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington DC 20590-0001. Any comments FMCSA receives which are not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

B. Viewing Comments and Documents

    To view documents mentioned in this preamble as being available in
the

docket, go to https://www.regulations.gov/docket/FMCSA-2021-0063/document and choose the document to review. To view comments, click
this NPRM, and click ``Browse Comments.'' If you do not have access to
the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call<PHONE_NUMBER> or (202)
366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

D. Advance Notice of Proposed Rulemaking Not Required

    Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed rule is likely to lead to the promulgation of
a major rule. As this proposed rule is not likely to result in the
promulgation of a major rule, the Agency is not required to issue an
ANPRM or to proceed with a negotiated rulemaking.

II. Executive Summary

    This NPRM proposes to update an incorporation by reference found at
49 CFR 385.4(b)(1) and referenced at Sec.  385.415(b). The provision at
Sec.  385.4(b)(1) currently references the April 1, 2019, edition of
CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' The CVSA handbook contains inspection procedures
and Out-of-Service Criteria (OOSC) for inspections of shipments of
transuranic waste and highway route controlled quantities of
radioactive material. The OOSC, while not regulations, provide
enforcement personnel nationwide, including FMCSA's State partners,
with uniform enforcement tolerances for inspections. The material is
available, and will continue to be available, for inspection at the
FMCSA, Office of Enforcement and Compliance, 1200 New Jersey Avenue SE,
Washington, DC 20590 (Attention: Chief, Compliance Division) at (202)
366-1812. The document may be purchased from the Commercial Vehicle
Safety Alliance, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770,
telephone<PHONE_NUMBER>, www.cvsa.org.
    In this NPRM, FMCSA proposes to incorporate by reference the April
1, 2021, edition of the handbook. FMCSA did not update Sec.  385.4(b)
to incorporate by reference the April 1, 2020, edition of the handbook.
This NPRM will discuss all updates to the currently incorporated 2019
edition of the handbook, including the updates made in the April 1,
2020, edition of the handbook.
    Twenty-one updates distinguish the April 1, 2021, handbook edition
from the 2019 edition. The incorporation by reference of the 2021
edition does not impose new regulatory requirements.

III. Legal Basis for the Rulemaking

    Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits, the Secretary
of Transportation is required to promulgate regulations as part of a
comprehensive safety program on hazardous materials safety permits. The
FMCSA Administrator has been delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking functions vested in the
Secretary of Transportation. Consistent with that authority, FMCSA has
promulgated regulations under 49 CFR part 385, subpart E to address the
congressional mandate on hazardous materials safety permits. Those
regulations are the underlying provisions to which the material
incorporated by reference discussed in this document is applicable.

IV. Background

    In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections on shipments of transuranic waste and
highway route controlled quantities of radioactive material. CVSA
developed the North American Standard Level VI Inspection Program for
Transuranic Waste and Highway Route Controlled Quantities of
Radioactive Material. This inspection program for select radiological
shipments includes inspection procedures, enhancements to the North
American Standard Level I Inspection, radiological surveys, CVSA Level
VI decal requirements, and the ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' As of January 1, 2005, all vehicles and carriers
transporting highway route controlled quantities of radioactive
material are regulated by the U.S. Department of Transportation. All
highway route controlled quantities of radioactive material must pass
the North American Standard Level VI Inspection prior to the shipment
being allowed to travel in the United States. All highway route
controlled quantities of radioactive material shipments entering the
United States must also pass the North American Standard Level VI
Inspection either at the shipment's point of origin or when the
shipment enters the United States.
    Section 385.415 of title 49, Code of Federal Regulations,
prescribes operational requirements for motor carriers transporting
hazardous materials for which a hazardous materials safety permit is
required. Section 385.415(b) requires that motor carriers ensure a pre-
trip inspection is performed on each motor vehicle to be used to
transport a highway route controlled quantity of a Class 7
(radioactive) material, in accordance with the requirements of CVSA's
handbook titled ``North American Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Out-of-Service Criteria for
Commercial Highway Vehicles Transporting Transuranics and Highway Route
Controlled Quantities of Radioactive Materials as defined in 49 CFR
part 173.403.''
    According to 2015-2019 data from FMCSA's Motor Carrier Management
Information System (MCMIS), approximately 3.34 million Level I-Level VI
inspections were performed annually. Nearly 97 percent of these

were Level I,\1\ Level II,\2\ and Level III \3\ inspections. During the
same period, an average of 611 Level VI inspections were performed
annually, comprising only 0.02 percent of all inspections. On average,
OOS violations were cited in only 7.8 Level VI inspections annually (2
percent), whereas on average, OOS violations were cited in 266,025
Level I inspections (25 percent), 275,840 Level II inspections (23
percent), and 61,201 Level III inspections (6 percent) annually. As
these statistics demonstrate, OOS violations are cited in a far lower
percentage of Level VI inspections than Level I, II, and III
inspections, due largely to the enhanced oversight and inspection of
these vehicles because of the sensitive nature of the cargo being
transported.
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    \1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be present.
    \2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
    \3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
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    The changes to the 2021 and 2020 editions of the CVSA handbook are
intended to ensure clarity in the presentation of the OOS conditions
and are generally editorial or ministerial. As discussed below, FMCSA
does not expect the changes made in the 2021 edition of the CVSA
handbook to affect the number of OOS violations cited during Level VI
inspections.

V. Discussion of Proposed Rulemaking

    Section 385.4(b)(1), as amended on February 24, 2020 (85 FR 10307),
references the April 1, 2019, edition of the CVSA handbook. This NPRM
proposes to amend Sec.  385.4(b)(1) by replacing the reference to the
April 1, 2019, edition date with a reference to the new edition date of
April 1, 2021.
    CVSA also published a 2020 edition of the handbook in the period
between the February 24, 2020, final rule and the publishing of the
2021 edition. FMCSA did not publish an update to the incorporation by
reference in Sec.  385.4(b)(1) with the April 1, 2020, edition of the
handbook. This NPRM will therefore discuss the updates included in the
2020 and 2021 editions of the handbook. The changes made based on the
2020 and 2021 editions of the handbook are outlined below. It is
necessary to update the materials incorporated by reference to ensure
motor carriers and enforcement officials have convenient access to the
correctly identified inspection criteria referenced in the rules.

April 1, 2020, Changes

    Seventeen changes in the 2020 edition of the CVSA handbook
distinguish it from the April 1, 2019 edition:
    (1) The title of Part I, Item 2.a. was amended to clarify that ``.
. . vehicles that, regardless of GVWR, do not require a commercial
driver's license (CDL) (e.g., exempt farm vehicles or fire apparatuses,
etc.)'' (2020 CVSA handbook, page 11) are included in this section of
the OOSC. Currently, this section applies only to vehicles with a gross
vehicle weight rating (GVWR) of 26,000 lbs. or less, not designed to
transport 16 or more passengers or placarded loads of hazardous
materials. Under the current wording, a driver cannot be placed OOS for
not having the proper class of driver's license, for having a
suspended/revoked license, or for being unlicensed when operating a
vehicle over 26,000 pounds GVWR and exempt from the requirements to
have a CDL. However, and because the FMCSRs include a number of
regulatory exceptions to the CDL requirements, there are numerous other
vehicle types over 26,000 pounds GVWR that may have non-CDL drivers
(e.g., covered farm vehicles, intrastate farm vehicles, emergency
vehicles, etc.). This clarification will not have any effect on the
number of OOS violations cited during Level VI inspections, as all
drivers transporting hazardous materials are required to have a CDL.
    (2) The note in Part I, Item 2.b., and Part I, Item 3.c., was
amended to clarify that in Canada, a ``valid'' Canadian Transportation
of Dangerous Goods (TDG) training certificate is required. Canadian TDG
training certificates require certain informational items be
identified; language was added to the note to clarify that a training
certificate is considered invalid and the driver should be placed OOS
if it is missing that required information. This update will ensure a
uniform approach to Canadian TDG training certificate validity. This
clarification is not expected to have any effect on the number of OOS
violations cited during Level VI inspections in the U.S.
    (3) The title of Part I, Item 7., was amended by removing the
language ``AS IDENTIFIED UNDER SECTION 392.4(a)'' because the OOS
violations now listed in this section are not all located in Sec.
392.4(a). In addition, CVSA added a new OOS item to address drivers who
are recorded in the Drug and Alcohol Clearinghouse as prohibited from
performing safety-sensitive functions per Sec.  382.501(a) as a result
of failing an alcohol or drug test. FMCSA records indicate that no
driver-related OOS violations have been issued as a result of a Level
VI inspection in the past 3 years. The changes are intended to ensure
clarity in the presentation of the OOS conditions and are not expected
to affect the number of OOS violations cited during Level VI
inspections.
    (4) Footnote 14 to Part I, Item 9., was amended to remove the
reference to automatic on-board recording devices (AOBRDs), and a note
was added to Footnotes 11-14 of the same section. The reference to
AOBRDs in Footnote 14 was removed because the grandfather clause
permitting use of AOBRDs expired on December 16, 2019, and therefore
the reference to AOBRDs in Footnote 14 is no longer relevant. Since
December 2017, the information in the `NOTE' outlines the policy that
CVSA has used for placing drivers out of service for electronic logging
device (ELD) violations. Similar information is listed in FMCSA's
Frequently Asked Questions document on ELDs. The CVSA Driver-Traffic
Enforcement Committee voted to add this information as a note relative
to Footnotes 11-14. The changes are intended to ensure clarity in the
presentation of the OOS conditions and are not expected to affect the
number of OOS violations cited during Level VI inspections.
    (5) Part I, Item 10.h., regarding records of duty status (RODS) in
Canada was amended to remove the provision for a driver to be placed
OOS for a period of 72 hours for not producing a daily log. Recent
changes to the Canadian federal hours-of-service (HOS) regulations have
eliminated the ability of an officer/inspector to place a driver OOS
for 72 hours for not producing a daily log. Under the new regulations,
a driver is placed OOS only for the number of hours required to have
the driver provide a compliant daily log. This amendment is applicable
only to the enforcement of Canadian HOS regulations and will not have
any effect on the number of OOS violations cited during Level VI
inspections in the United States.
    (6) Footnote 2 to Part I, Item 10., regarding RODS in Canada was
amended to reduce the time a driver can be behind on his/her daily log
and not be declared OOS. Given the recent changes to the Canadian
federal HOS regulations as discussed above, and because the 72-hour
timeframe to place a driver OOS for no production of a log book was
removed, it was deemed appropriate to reduce the time a driver can be
behind on his/her log before

being placed OOS. The timeframe was reduced from the current day plus
the previous day to the current day only. This amendment is applicable
only to the enforcement of Canadian HOS regulations and will not have
any effect on the number of OOS violations cited during Level VI
inspections in the United States.
    (7) Part I, Item 11., was amended by (1) replacing the OOSC for
Mexico to reflect the requirements in NOM-087-SCT-2-2017, and (2)
adding footnotes to that section. NOM-087-SCT-2-2017 are Mexico's CMV
regulatory requirements. Mexico recently updated its HOS Official
Mexican Standards (Norma Oficial Mexicana) (NOMs), and this update
required changes to the OOSC. CVSA worked with Mexico to make these
updates, and Mexico approved the amendments as written for use in
Mexico for OOS conditions. This amendment is applicable only to the
enforcement of Mexican HOS regulations and will not have any effect on
the number of OOS violations cited during Level VI inspections in the
United States.
    (8) The charts for ``Clamp Type Brake Chamber Data'' and ``Long
Stroke Clamp Type Brake Chamber Data'' in Part II, Item 1.a., were
amended to add a new column listing the SAE J2899 markings found on
brake chambers. SAE J2899, ``Brake Adjustment Limit for Air Brake
Actuators,'' was issued in December 2013 and revised in June 2017, and
was developed to provide an alternative way of determining the size and
allowable stroke of a brake chamber. Manufacturers have the option to
cast a marking permanently onto the center section of the brake chamber
using the letters ``A'' through ``H.'' The markings are easy to see and
indicate the rated stroke and pushrod stroke of the chamber without the
need to measure the diameter or determine if it is long or short
stroke. This marking method reduces the likelihood that an inspector
will either (1) pass a vehicle that should be OOS, or (2) place a
vehicle OOS that is within acceptable operating conditions. The CVSA
Vehicle Committee voted unanimously to add a column in the charts in
Part II, Item 1.a. that lists the SAE J2899 markings found on brake
chambers. FMCSA records indicate that no violations or OOS violations
have been issued regarding brakes being out of adjustment as a result
of a Level VI inspection in the past 3 years. The changes are intended
to ensure clarity in the presentation of the OOS conditions and are not
expected to affect the number of OOS violations cited during Level VI
inspections.
    (9) Part II, Item 1., was amended to add a clarification that a
parking brake needs to be held by mechanical means. Clarification was
necessary regarding whether (1) the mechanical holding of the parking
brake should be required, or (2) applying the parking brake with hand
pressure and holding it with hand pressure is adequate. Specifically,
in cases where the actuator cannot hold the parking brake in the
applied position, it was unclear whether the vehicle should be placed
OOS. Following discussion with brake industry experts, the CVSA Vehicle
Committee confirmed that Federal Motor Vehicle Safety Standard Nos. 105
and 121 require the parking brake to be held by a mechanical means.
FMCSA records indicate that no OOS violations have been issued
regarding parking brakes as a result of a Level VI inspection in the
past 3 years. The changes are intended to ensure clarity in the
presentation of the OOS conditions and are not expected to affect the
number of OOS violations cited during Level VI inspections.
    (10) The title of Part II, Item 11.d., was amended to remove sway
bars from the OOSC. The CVSA Vehicle Committee determined that sway
bars provide comfort, not stability, and that they are not a critical
vehicle inspection item. As such, the CVSA Vehicle Committee determined
that missing or loose sway bars should not be an OOS condition. This
amendment also requires a supporting edit to Note 2 in Part II, Item
11.b., that references the title to Part II, Item 11.d. FMCSA records
indicate that no OOS violations have been issued regarding sway bars as
a result of a Level VI inspection in the past 3 years. As such, and
because the changes eliminate an existing OOS condition, the changes
will not affect the number of OOS violations cited during Level VI
inspections.
    (11) Part II, Item 12.a.9., and Part II, Item 12.b.4., were amended
to clarify that the OOS condition refers to a wheel end on an axle. In
response to questions regarding whether the tire loading restriction in
Sec.  393.75(g) of the FMCSRs applies to (1) a wheel end on an axle, or
(2) a single tire on an axle, or (3) whether the entire axle must
exceed the tire weight rating in order to constitute an OOS condition,
the CVSA Vehicle Committee determined that exceeding the tire load
limits should apply to the wheel end. The OOS condition applies when
the tire or dual set exceeds the applicable load rating on the sidewall
of the tire(s), and the language was amended to reflect this condition.
FMCSA records indicate that no OOS violations have been issued
regarding tire loading restrictions as a result of a Level VI
inspection in the past 3 years. The changes are intended to ensure
clarity in the presentation of the OOS conditions and are not expected
to affect the number of OOS violations cited during Level VI
inspections.
    (12) Part II, Item 16.a., was amended to add new OOS conditions for
emergency exits on passenger-carrying vehicles that are marked as such,
but that are not necessarily required to be installed by regulation.
Language was added to this section to clarify that passenger-carrying
vehicles with marked emergency exits that are obstructed should be
declared OOS, whether such exits are required to be installed or not.
The new criteria were also separated to reference marked required
exits, versus other marked exits, and the revised criteria clearly
articulate the items/conditions that constitute an OOS condition. As
this change applies only to passenger-carrying vehicles, it will not
have any effect on the number of OOS violations cited during Level VI
inspections, which are applicable to carriers transporting transuranics
and highway route controlled quantities of radioactive materials.
    (13) Part III, Item 3.c., was amended to modify: (1) The title of
this section; and (2) the OOS condition to include terminology adopted
in Canada's TDG Regulations. While the previous title of this section
referred only to ``Bulk Package Authorization,'' Canada's TDG
Regulations do not reference bulk packages, but instead reference and
define the term ``large means of containment.'' The Canadian Education
Quality Assurance Team (EQAT)--Dangerous Goods Working Group requested
addition of the Canadian terminology in the OOSC to improve uniform
application of the OOS condition. Adding ``large means of containment''
to the OOSC will make it easier for Canadian inspectors to interpret
the criteria. The changes are intended to ensure clarity in the
presentation of the OOS conditions and are not expected to affect the
number of OOS violations cited during Level VI inspections.
    (14) Part III, Item 3.d., was amended by adding a note regarding
manhole covers. The CVSA Hazardous Materials Committee contacted the
Truck Trailer Manufacturers Association to discuss manhole securement
with the Tank Engineering Committee. The committee agreed that all
fasteners on the dome need to be engaged and hand tightened to be
considered closed and secured. Based on this information, the committee
voted to add a note to the

OOSC to clarify that an OOS condition exists when any manhole cover
securement device is missing or unsecured. The change is intended to
ensure clarity in the presentation of the OOS condition and is not
expected to affect the number of OOS violations cited during Level VI
inspections.
    (15) The title of Part III, Item 6., was amended to include
terminology adopted in Canada's TDG Regulations. While the previous
title of this section referred only to ``Non-Bulk Packaging,'' Canada's
TDG Regulations do not reference non-bulk packaging, but instead
reference and define the term ``small means of containment.'' The
Canadian EQAT--Dangerous Goods Working Group requested the addition of
Canadian terminology in the title to improve uniform application of the
OOS condition. Adding ``small means of containment'' to the OOSC will
make it easier for Canadian inspectors to interpret the criteria. The
change is intended to ensure clarity in the presentation of the OOS
conditions and is not expected to affect the number of OOS violations
cited during Level VI inspections.
    (16) Part III, Item 10.a., regarding requirements pertaining to
Canada's Emergency Response Assistance Plan (ERAP) was amended to
specify that certain ERAP information must be on the shipping document.
The Canadian EQAT--Dangerous Goods Working Group indicated that for
first responders to activate an ERAP, the ERAP reference number and
implementation telephone number must be listed on the shipping
document. Currently, the OOSC only allows inspectors to place a
shipment OOS if the carrier/consignor does not have an approved ERAP at
all. Situations have arisen where the ERAP reference number/activation
telephone number was not listed on the shipping document, and
inspectors were not able to place the dangerous goods shipment OOS as
intended. This additional language specifies that this information is
required. This amendment is applicable only to Canada's ERAP, and will
not have any effect on the number of OOS violations cited during Level
VI inspections in the United States.
    (17) The Level VI Inspection Procedures were amended by adding Step
36, ``Proof of Periodic (Annual) Inspection.'' Currently, there is no
language in the Level VI Inspection Procedures addressing the required
periodic (annual) inspection. Adding this item will require each unit
to have evidence that a periodic inspection was conducted and
satisfactorily completed before a CVSA Level VI decal can be applied by
the inspector during a point of origin inspection only. As this is not
an OOS condition for the Level VI Inspection, this amendment will not
have any effect on the number of OOS violations cited during Level VI
inspections.

April 1, 2021, Changes

    Four changes in the 2021 edition of the CVSA handbook distinguish
it from the April 1, 2020 edition:
    (1) Footnotes 5-8 to Part I, Item 9., were amended to remove
language that repeats the FMCSRs. The CVSA Driver-Traffic Enforcement
Committee determined that there is no reason to repeat information in
the OOSC that is contained in Sec. Sec.  395.1 and 395.3. Quoting the
FMCSRs in the footnotes could potentially confuse an inspector as there
are other applicable exemptions that are not addressed in the
footnotes. The footnotes, 5-8, were removed and reserved because other
documents refer to these notes and renumbering them could cause
confusion. The changes are intended to ensure clarity in the
presentation of the OOS conditions and are not expected to affect the
number of OOS violations cited during Level VI inspections.
    Footnote 10 to Part I, Item 9., was amended to clarify that AOBRDs
cannot be used in place of a compliant ELD. However, some carriers are
exempt from using ELDs and they may still use AOBRDs. Language was
added to this footnote to clarify that drivers who are not required to
have an ELD that complies with Sec.  395.22(a), but who utilize an
electronic device other than those described in the regulations, shall
not be declared OOS. The amendment is intended to ensure clarity in the
presentation of the OOS conditions and is not expected to affect the
number of OOS violations cited during Level VI inspections.
    (2) In Part I, Items 10.h. and 10.i., regarding RODS in Canada,
were amended to include terminology based on the pending implementation
of the ELD requirement, effective June 12, 2021. A note was also added
to Footnotes 1-2 of the same section. The terminology in Canada's
regulation will change from ``daily log'' to ``RODS.'' However, there
will be some Provinces/Territories that will continue to use the daily
log terminology in their Provincial/Territorial regulations. The
Driver-Traffic Enforcement Committee determined that the appropriate
action would be to refer to both terms to make the OOSC applicable to
all drivers. These amendments are applicable only to Canada's RODS, and
will not have any effect on the number of OOS violations cited during
Level VI inspections in the United States.
    (3) Part I, Item 10., regarding RODS in Canada was amended by
adding a footnote 6 to indicate that a driver who is found without an
ELD but is still completing another form of a RODS will currently not
be placed OOS. This enforcement action is different from that
applicable in the U.S., so the note was added for Canadian inspectors
to reference, similar to the note for the U.S (Footnote 10, Part I,
Item 9. United States). The amendment is applicable only to Canada's
RODS, and will not have any effect on the number of OOS violations
cited during Level VI inspections in the United States.
    (4) Part II, Item 9.b., was amended to clarify that an inoperative
center high-mounted stop lamp(s) that is required by regulation is
considered a critical vehicle inspection item, but not considered for
OOS purposes. The CVSA-critical vehicle inspection item list and the
OOSC include ``Lighting devices (headlamps, tail lamps, stop lamps,
turn signals, and lamps/flags on projecting loads).'' In both the
United States and Canada, there are regulations requiring some smaller
vehicles to be equipped with center high-mounted stop lamp(s) and they
must be maintained and operational; however, on larger vehicles, they
are optional. Therefore, in those cases where center high-mounted stop
lamp(s) are required, the vehicle will still require at least one brake
light in addition to the center high-mounted stop lamp(s) to avoid
being placed OOS. The amendment is intended to ensure clarity in the
presentation of the OOS conditions and is not expected to affect the
number of OOS violations cited during Level VI inspections.

VI. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries in which they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences among nations.
    The CVSA is an organization representing Federal, State, and
Provincial motor carrier safety enforcement agencies in the United
States, Canada, and Mexico. The OOSC provide uniform enforcement
tolerances for inspections conducted in all three countries.

VII. Section-by-Section Analysis

Section 385.4 Matter Incorporated by Reference

    Section 385.4(b)(1), as amended on February 24, 2020, references
the April 1, 2019, edition of the CVSA handbook. This NPRM would
replace the reference to the April 1, 2019, edition date with a
reference to the new edition date of April 1, 2021.

VIII. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulations

    FMCSA has considered the impact of this proposed rule under E.O.
12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O.
13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and DOT's regulatory policies and procedures. OIRA determined
that this proposed rule is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. Accordingly, OMB has not reviewed it under these
Orders.
    The proposed rule, if finalized, would update an incorporation by
reference from the April 1, 2019, edition to the April 1, 2021, edition
of CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' FMCSA reviewed its MCMIS data on inspections
performed from 2015 to 2019 and does not expect the handbook updates to
have any effect on the number of OOS violations cited during Level VI
inspections. Therefore, the proposed rule's impact would be de minimis.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
the Office of Information and Regulatory Affairs (OIRA) designated this
rulemaking as not a ``major rule,'' as defined by 5 U.S.C. 804(2).\4\
---------------------------------------------------------------------------

    \4\ A ``major rule'' means any rule that the Administrator of
OIRA at OMB finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
Federal agencies, State agencies, local government agencies, or
geographic regions; or (c) significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets (5 U.S.C.
804(2)).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
(RFA), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), requires Federal agencies
to consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen any adverse
effects on these businesses. None of the updates from the 2021 edition
imposes new requirements or makes substantive changes to the FMCSRs.
    When an Agency issues a rulemaking proposal, the RFA requires the
Agency to ``prepare and make available an initial regulatory
flexibility analysis'' that will describe the impact of the proposed
rule on small entities (5 U.S.C. 603(a)). Section 605 of the RFA allows
an agency to certify a rule, instead of preparing an analysis, if the
proposed rule is not expected to impact a substantial number of small
entities. The proposed rule would update an incorporation by reference
found at 49 CFR 385.4(b)(1) and referenced at 49 CFR 385.415(b), and
would incorporate by reference the April 1, 2021, edition of the CVSA
handbook. The changes to the 2021 edition of the CVSA handbook from the
2019 edition are intended to ensure clarity in the presentation of the
OOS conditions, and are generally editorial or ministerial. As noted
above, FMCSA does not expect the changes made in the 2021 edition of
the CVSA handbook to affect the number of OOS violations cited during
Level VI inspections. Accordingly, I certify that, if promulgated, this
proposed rule will not have a significant economic impact on a
substantial number of small entities. FMCSA invites comments from
anyone who believes there will be a significant impact on small
entities from this action.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rulemaking so they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the rulemaking would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any one year. Though this rulemaking would not
result in such an expenditure, the Agency does discuss the effects of
this rulemaking elsewhere in this preamble.

F. Paperwork Reduction Act

    This rulemaking contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and

responsibilities among the various levels of government.''
    FMCSA has determined that this rulemaking would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rulemaking does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\5\ requires the Agency
to conduct a privacy impact assessment of a regulation that will affect
the privacy of individuals. This rulemaking would not require the
collection of personally identifiable information.
---------------------------------------------------------------------------

    \5\ Public Law 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note
(Dec. 8, 2004).
---------------------------------------------------------------------------

I. E.O. 13175 (Indian Tribal Governments)

    This rulemaking does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does 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.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this rulemaking for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraph 6(b). This Categorical Exclusion (CE) covers
minor revisions to regulations. The proposed requirements in this
rulemaking are covered by this CE and the rulemaking does not have any
effect on the quality of the environment.

List of Subjects in 49 CFR 385

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

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III, part 385, as set forth below:

PART 385--SAFETY FITNESS PROCEDURES

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

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88, 109 Stat. 803,
958; Sec. 350 of Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR
1.87.

0
2. Revise Sec.  385.4(b)(1) to read as follows:

Sec.  385.4  Matter incorporated by reference.

* * * * *
    (b) * * *
    (1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' April 1, 2021, incorporation by reference approved for Sec.
385.415(b).
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-14039 Filed 7-2-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Notices]
[Pages 3835-3836]
[FR Doc No: 2022-01407]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0042; OMB Control Number 1625-0086]

Information Collection Request to Office of Management and Budget

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0086,
The Great Lakes Pilotage; without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before March 28, 2022.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2022-0042] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE SE, STOP 7710, WASHINGTON,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management,

telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions on these
documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
    In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2022-0042], and
must be received by March 28, 2022.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Information Collection Request

    Title: The Great Lakes Pilotage.
    OMB Control Number: 1625-0086.
    Summary: The Office of Great Lakes Pilotage is seeking an extension
of OMB's current approval for Great Lakes Pilotage data collection
requirements for the three U.S. pilot associations it regulate. This
extension would require continued submission of data to an electronic
collection system and Form CG-4509. This system is identified as the
Great Lakes Pilot Management System which replaced the manual paper
submissions used to collect data on bridge hours, vessel delay, vessel
cancellation, pilot travel and administration, revenues, pilot
availability, and related data. This extension ensures the required
data is available in a timely manner and allows immediate accessibility
to data crucial from both an operational and rate-making standpoint.
    Need: To comply with the statutory and regulatory requirements
respecting the rate-making and oversight functions imposed upon the
agency.
    Forms: CG-4509, Application for Registration as United States
Registered Pilot.
    Respondents: The three U.S. pilot associations regulated by the
Office of Great Lakes Pilotage and members of the public applying to
become Great Lakes Registered Pilots.
    Frequency: Daily, Weekly, Monthly, Quarterly, Semi-annually,
Annually, On occasion; frequency dictated by marine traffic levels and
association staffing.
    Hour Burden Estimate: The estimated burden increased to 1,214 hours
a year. This increase is an update due to increased traffic on the
Great Lakes and better record keeping in the past four years. The
information requested from the respondents has not changed.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: January 19, 2022.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2022-01407 Filed 1-24-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39768-39769]
[FR Doc No: 2018-17137]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0785]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0095

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0095,
Oil and Hazardous Material Pollution Prevention and Safety Records,
Equivalents/Alternatives and Exemptions, without change. Our ICR
describes the information we seek to collect from the public. Before
submitting this ICR to OIRA, the Coast Guard is inviting comments as
described below.

DATES: Comments must reach the Coast Guard on or before October 9,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0785] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0785], and
must be received by October 9, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be

viewed by following that website's instructions. Additionally, if you
go to the online docket and sign up for email alerts, you will be
notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Oil and Hazardous Material Pollution Prevention and Safety
Records, Equivalents/Alternatives and Exemptions.
    OMB Control Number: 1625-0095.
    Summary: The information is used by the Coast Guard to ensure that
an oil or hazardous material requirement alternative or exemption
provides an equivalent level of safety and protection from pollution.
    Need: Under 33 U.S.C. 1321 and Executive Order 12777 the Coast
Guard is authorized to prescribe regulations to prevent the discharge
of oil and hazardous substances from vessels and facilities and to
contain such discharges. Coast Guard regulations in 33 CFR parts 154-
156 are intended to: (1) Prevent or mitigate the results of an
accidental release of bulk liquid hazardous materials being transferred
at waterfront facilities; (2) ensure that facilities and vessels that
use vapor control systems are in compliance with the safety standards
developed by the Coast Guard; (3) provide equipment and operational
requirements for facilities and vessels that transfer oil or hazardous
materials in bulk to or from vessels with a 250 or more barrel
capacity; and (4) provide procedures for vessel or facility operators
who request exemption or partial exemption from the requirements of the
pollution prevention regulations.
    Forms: None.
    Respondents: Owners and operators of bulk oil and hazardous
materials facilities and vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 1,440
hours to 1,720 hours a year due to an increase in the estimated number
of respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: July 31, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-17137 Filed 8-9-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Page 23328]
[FR Doc No: 2015-09632]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0002 (PDA-36(R))]

Pittsburgh, Pennsylvania Permit Requirements for Transportation
of Hazardous Material

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice.

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

SUMMARY: In accordance with statutory requirements, PHMSA is publishing
a notice of delay in processing the American Trucking Associations,
Inc.'s (ATA) application for a preemption determination concerning
requirements of the City of Pittsburgh, Pennsylvania for a permit to
transport hazardous materials by motor vehicle and the fee to obtain
the permit. PHMSA is conducting fact-finding and legal analysis in
response to the request, and is delaying issuance of its determination
in order to allow time for appropriate consideration of the issues
raised by the application.

FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief Counsel
(PHC-10), Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590; telephone No.<PHONE_NUMBER>; facsimile No.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: ATA applied for an administrative
determination concerning whether Federal hazardous material
transportation law, 49 U.S.C. 5101 et seq., preempts requirements of
the City of Pittsburgh, Pennsylvania for a permit to transport
hazardous materials by motor vehicle and the fee to obtain the permit.
PHMSA published notice of ATA's application in the Federal Register on
April 17, 2014. 79 FR 21840.
    Title 49 U.S.C. 5125(d)(1) requires PHMSA to issue a decision on an
application for a preemption determination ``within 180 days after the
date of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the Federal
Register of the reason why the Secretary's decision on the application
is delayed, along with an estimate of the additional time necessary
before a decision is made.''
    ATA's application for a preemption determination is still under
consideration by PHMSA. The Agency is currently conducting fact-finding
and legal analysis in response to the application. Because of this
additional fact-finding and legal analysis, it was impracticable to
issue a decision within the 180-day timeframe. In order to allow time
for full consideration of the issues raised by the application, PHMSA
delays issuance of its determination, and estimates a decision will be
published in approximately 120 days.

    Issued in Washington, DC, on April 21, 2015.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2015-09632 Filed 4-24-15; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Page 4416]
[FR Doc No: 2011-1415]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Pursuant to Title 49 Code of Federal Regulations (CFR) part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system.

[Docket Number FRA-2010-0168]

    Applicant: Union Pacific Railroad Company, Mr. William E. Van
Trump, AVP Engineering--Signal/Comm./TCO, 1400 Douglas Street, Mail
Stop 0910, Omaha, Nebraska 68179.
    The Union Pacific Railroad Company (UP) seeks approval of the
proposed discontinuance of the signal systems on the Warm Springs
subdivision from milepost (MP) 8.3 thru MP 17.7 near San Jose,
California. The discontinuance consists of the removal of an automatic
block signal system between MP 8.3 and MP 17.4, and the removal of a
traffic control system between MP 17.4 MP 17.7. The discontinuance
consists of the removal of 17 signals in total, which will leave a
number of hand-operated switches on the track within the application
area without signal protection. The Control Point Arena, MP 17.4,
consists of two controlled signals to be removed. There are no power-
operated switches involved in the application. A distant signal will be
installed on the Warm Springs subdivision in the approach to Control
Point Julian, MP 17.7.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0168) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at  http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Page 19477) or at  http://www.dot.gov/privacy.html.

    Issued in Washington, DC on January 19, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-1415 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Rules and Regulations]
[Pages 14640-14642]
[FR Doc No: 2013-04901]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0720; Directorate Identifier 2012-NM-059-AD;
Amendment 39-17360; AD 2013-04-03]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Cessna Aircraft Company Model 750 airplanes. This AD was prompted by
reports of loss of displayed airspeed. This AD requires inspecting
certain logic modules to determine if certain cabin altitude/pitot
static heater module assemblies are installed and replacing those
assemblies with a new assembly; and revising the Non-Normal Procedures
Section of the airplane flight manual (AFM) to include procedures for
resetting the pitot switch in the event of pitot heater failure and for
total loss of airspeed indication. We are issuing this AD to prevent
the loss of all displayed airspeed, which could result in reduced
ability to control the airplane.

DATES: This AD is effective April 11, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publication listed in the AD as of April 11, 2013.

ADDRESSES: For service information identified in this AD, contact
Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277; telephone
316-517-6215; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.cessnasupport.com/newlogin.html. You may review
copies of the referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Christine Abraham, Aerospace Engineer,
Electrical Systems and Avionics Branch, ACE-119W, FAA, Wichita Aircraft
Certification Office (ACO), 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on July 17, 2012 (77 FR
41937). That NPRM proposed to require inspecting certain logic modules
to determine if certain cabin altitude/pitot static heater module
assemblies are installed and replacing those assemblies with a new
assembly; and revising the Non-Normal Procedures Section of the AFM to
include procedures for resetting the pitot switch in the event of pitot
heater failure and for total loss of airspeed indication.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 41937, July 17, 2012) and the FAA's response to each comment.

Request To Change Compliance Time

    Cessna Aircraft Company (Cessna) requested that the NPRM (77 FR
41937, July 17, 2012) use the compliance time described in Cessna
Service Letter SL750-30-08, Revision 1, dated July 11, 2011, of within
two years or 1,200 flight hours after July 11, 2011 (The issue date of
Cessna Service Letter SL750-30-08, Revision 1), whichever occurs first.
Cessna noted that the proposed NPRM compliance time is within 600
flight hours or one year after the effective date of the AD, whichever
occurs first. Cessna stated that the NPRM compliance time will extend
the compliance time beyond what is suggested by Cessna Service Letter
SL750-30-08, Revision 1, dated July 11, 2011.
    We disagree with the request to change the compliance time. We
coordinated with Cessna regarding the compliance time difference prior
to issuing the NPRM (77 FR 41937, July 17, 2012). We have determined
that a compliance time of within 600 flight hours or one year after the
effective date of the AD (whichever occurs first) is an appropriate
compliance time to adequately address the identified unsafe condition.
If additional data are presented to justify a shorter compliance time,
we might consider further rulemaking. We have not changed the AD in
this regard.

Request To Change Logic Module Designators

    Cessna requested that we change the reference designators to the
logic modules in paragraph (g) of the NPRM (77 FR 41937, July 17,
2012). Cessna stated that NC006 and NC007 are the correct reference
designators for the logic modules.
    We agree to change the references because we have determined that
the commenter's stated references are

correct. We have changed paragraph (g) of this AD to refer to the logic
modules as NC006 and NC007.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 41937, July 17, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 41937, July 17, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 210 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  2 work-hours x $85 per hour              $0            $170         $35,700
                                      = $170.
Revision...........................  1 work-hour x $85 per hour                0              85          17,850
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  1 work-hour x $85 per hour = $85...          $4,058          $4,143
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-04-03 Cessna Aircraft Company: Amendment 39-17360; Docket No.
FAA-2012-0720; Directorate Identifier 2012-NM-059-AD.

(a) Effective Date

    This AD is effective April 11, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Cessna Aircraft Company Model 750
airplanes, certificated in any category, serial numbers 0001 through
0245 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 3030, Pitot/Static Anti-Ice System.

(e) Unsafe Condition

    This AD was prompted by reports of loss of displayed airspeed.
We are issuing this AD to prevent the loss of all displayed
airspeed, which could result in reduced ability to control the
airplane.

(f) Compliance

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

(g) Inspection and Replacement

    Within 600 flight hours or one year after the effective date of
this AD, whichever occurs first: Do an inspection of logic

modules NC006 and NC007 to determine if any cabin altitude/pitot
static heater module assemblies having part number (P/N) 6718477-9,
P/N 6718477-10, or P/N 9914731-1 are installed, in accordance with
the Accomplishment Instructions of Cessna Service Letter SL750-30-
08, Revision 1, dated July 11, 2011. If any altitude/pitot static
heater module assembly having P/N 6718477-9, P/N 6718477-10, or P/N
9914731-1 is installed: Before further flight, replace that assembly
with a new assembly having P/N 6718477-11, in accordance with the
Accomplishment Instructions of Cessna Service Letter SL750-30-08,
Revision 1, dated July 11, 2011.

(h) Airplane Flight Manual (AFM) Revision

    Concurrently with the actions required by paragraph (g) of this
AD: Revise the Non-Normal Procedures Section of the Cessna 750 AFM
to include the information in the flight manual changes identified
in paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5), and (h)(6) of
this AD. This may be done by inserting copies of these flight manual
changes into the Cessna 750 AFM. When these flight manual changes
have been included in general revisions of the AFM, the general
revisions may be inserted in the AFM, provided the relevant
information in the general revision is identical to that in these
flight manual changes, and then these temporary flight manual
changes may be removed.
    (1) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-23, approved June 26, 2012.
    (2) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-24, approved June 26, 2012.
    (3) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-25, approved June 26, 2012.
    (4) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-26, approved June 26, 2012.
    (5) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FMA TC-R02-03, approved April 10, 2012.
    (6) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FMA TC-R02-07, approved June 26, 2012.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an
altitude/pitot static heater module assembly having P/N 6718477-9,
P/N 6718477-10, or P/N 9914731-1, on any airplane.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified (if the operator elects to do so), provided the
actions required by paragraph (h) of this AD have been accomplished.

 (k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    For more information about this AD, contact Christine Abraham,
Aerospace Engineer, Electrical Systems and Avionics Branch, ACE-
119W, FAA, Wichita Aircraft Certification Office (ACO), 1801 Airport
Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; phone:
316-946-4165; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Cessna Service Letter SL750-30-08, Revision 1, dated July
11, 2011.
    (ii) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-23, approved June 26, 2012.
    (iii) Cessna Temporary FAA Approved Airplane Flight Manual
Change 75FM TC-R11-24, approved June 26, 2012.
    (iv) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-25, approved June 26, 2012.
    (v) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FM TC-R11-26, approved June 26, 2012.
    (vi) Cessna Temporary FAA Approved Airplane Flight Manual Change
75FMA TC-R02-03, approved April 10, 2012.
    (vii) Cessna Temporary FAA Approved Airplane Flight Manual
Change 75FMA TC-R02-07, approved June 26, 2012.
    (3) For Cessna service information identified in this AD,
contact Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.cessnasupport.com/newlogin.html.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 8, 2013.
Ali Bahrami,
Manager,
    Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-04901 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42717]
[FR Doc No: 2017-19189]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Meeting of the National Parks Overflights Advisory
Group

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of meeting.

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

SUMMARY: The FAA and the National Park Service (NPS), in accordance
with the National Parks Air Tour Management Act of 2000, announce the
next meeting of the National Parks Overflights Advisory Group (NPOAG).
This notification provides the date, location, and agenda for the
meeting.

DATES: The NPOAG will meet on October 18 and October 19, 2017.

ADDRESSES: The meeting will take place in the FAA's Regional Office,
6th Floor Executive Conference Room, 15000 Aviation Boulevard,
Lawndale, CA 90261. The meeting will be held from 8:00 a.m. to 4:00
p.m. Wednesday, October 18, 2017, and from 8:00 a.m. to 11:30 a.m.
Thursday, October 19, 2017. Although this is not a public meeting, this
NPOAG meeting will be open to the public. Because seating is limited,
members of the public wishing to attend will need to contact the person
listed under FOR FURTHER INFORMATION CONTACT by September 29, 2017, to
ensure sufficient meeting space is available to accommodate all
attendees.

FOR FURTHER INFORMATION CONTACT: Keith Lusk, AWP-1SP, Special Programs
Staff, Federal Aviation Administration, Western-Pacific Region
Headquarters, 15000 Aviation Boulevard, Lawndale, CA 90261, telephone:
(310) 725-3808, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (NPATMA),
enacted on April 5, 2000, Public Law 106-181, required the
establishment of the NPOAG within one year after its enactment. The Act
requires that the NPOAG be a balanced group of representatives of
general aviation, commercial air tour operations, environmental
concerns, and Native American tribes. The Administrator of the FAA and
the Director of NPS (or their designees) serve as ex officio members of
the group. Representatives of the Administrator and Director serve
alternating 1-year terms as chairperson of the advisory group.
    The duties of the NPOAG include providing advice, information, and
recommendations to the FAA Administrator and the NPS Director on:
Implementation of Public Law 106-181; quiet aircraft technology; other
measures that might accommodate interests to visitors of national
parks; and at the request of the Administrator and the Director, on
safety, environmental, and other issues related to commercial air tour
operations over national parks or tribal lands.

Agenda for the October 18-19, 2017 NPOAG Meetings

    The agenda for the meetings will include, but is not limited to, an
update on ongoing park specific air tour planning projects, commercial
air tour reporting, and the Grand Canyon quiet technology seasonal
relief incentive.

Attendance at the Meeting and Submission of Written Comments

    Although this is not a public meeting, interested persons may
attend. Because seating is limited, please contact Keith Lusk (see FOR
FURTHER INFORMATION CONTACT for phone number or email) by September 29,
2017, to ensure sufficient meeting space is available to accommodate
all attendees.
    Written comments regarding the meeting will be accepted directly
from attendees or may be sent to Keith Lusk (see FOR FURTHER
INFORMATION CONTACT for address and email.

Record of the Meeting

    If you cannot attend the NPOAG meeting, a summary record of the
meeting will be made available under the NPOAG section of the FAA ATMP
Web site at: http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/air_tour_management_plan/parks_overflights_group/minutes.cfm or through the Special Programs Staff, Western-Pacific
Region, P.O. Box 92007, Los Angeles, CA 90009-2007, telephone: (310)
725-3808.

    Issued in Hawthorne, CA, on August 31, 2017.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2017-19189 Filed 9-8-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 30, 2010 (Volume 75, Number 189)]
[Notices]
[Page 60452-60454]
[DOCID:fr30se10-76]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0111; FRL-8837-2]

Notice of Filing of Several Pesticide Petitions for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Agency's receipt of several initial
filings of pesticide petitions proposing the establishment of
regulations for residues of pesticide chemicals in or on various
commodities.

DATES: Comments must be received on or before November 1, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number and the
pesticide petition number of interest as shown in the body of this
document. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
     Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although, listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  A contact person, with telephone
number and e-mail address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Biopesticides and Pollution Prevention Division (7511P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petitions described in this notice contain the data or information
prescribed in FFDCA section 408(d)(2); however, EPA has not fully
evaluated the sufficiency of the submitted data at this time or whether
the data support granting of the pesticide petitions. Additional data
may be needed before EPA can make a final determination on these
pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this notice, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available on-line at http://
www.regulations.gov.
     As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is

publishing notice of the petition so that the public has an opportunity
to comment on this request for the establishment or modification of
regulations for residues of pesticides in or on food commodities.
Further information on the petition may be obtained through the
petition summary referenced in this unit.

New Tolerance Exemptions

    PP 9F7668. Docket number: EPA-HQ-OPP-2010-0144. W. Neudorff GmbH
KG, An der M[uuml]hle 3, Postfach 1209, 31860 Emmerthal, Germany
(represented by Walter G. Talarek, P.C., 1008 Riva Ridge Drive Great
Falls, VA 22066-1620), proposes to establish an exemption from the
requirement of a tolerance for residues of the molluscicide sodium
ferric ethylenediaminetetraacetate (EDTA), in or an all agricultural
commodities. The petitioner believes no analytical method is needed
because an exemption from the requirement is being sought. Contact:
Leonard Cole,<PHONE_NUMBER><EMAIL_ADDRESS>     PP 0F7698. Docket number: EPA-HQ-OPP-2010-0536. Premier
Horticulture, 1, Avenue Premier, Rivi[eacute]re-du-Loup, Quebec, Canada
G5R 6C1 represented by Gary Libman, GNL Consultation Services, 25 Casa
Hermosa, Albuquerque, NM 87112), proposes to establish an exemption
from the requirement of a tolerance for residues of the fungicide
Bacillus pumilus GHA180 in or on all agricultural commodities and water
systems when applied as described in the draft label. The petitioner
believes no analytical method is needed because no residues of
toxicological concern are expected. Susanne Cerrelli,<PHONE_NUMBER>;
<EMAIL_ADDRESS>
 Amended Tolerance Exemption

     PP 0G7716. Docket number: EPA HQ-OPP-2010-0547. Circle One Global,
Inc., P.O. Box 18300; Greensboro, NC 27409 proposes to amend an
exemption from the requirement of a tolerance at 40 CFR 180.1254 to
include a temporary tolerance exemption as part (c) for residues of the
antifungal agent Aspergillus flavus NRRL 21882 in or on cotton. The
petitioner believes no analytical method is needed because no residues
of toxicological concern are expected and this pesticide occurs
naturally and would be present irrespective of treatment. Shanaz
Bacchus,<PHONE_NUMBER><EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: September 23, 2010.
 W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2010-24577 Filed 9-29-10; 8:45 a.m.]
BILLING CODE 6560-50-S