[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13067-13069]
[FR Doc No: 2011-5117]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0679; Directorate Identifier 2009-NM-179-AD;
Amendment 39-16621; AD 2011-05-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and
747SP Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires repetitive
inspections and torque checks of the hanger fittings and strut forward
bulkhead of the forward engine mount and adjacent support structure,
and visual inspections of the internal angle and external bulkhead
chord and detailed inspection of internal angles, and corrective
actions if necessary. The existing AD also provides for an optional
inspection. This new AD requires additional inspections of airplanes
that have hi-lok bolts and collars at all of the Group B fastener
locations, except fastener 13, and related investigative and corrective
actions. This AD also requires repetitive inspections of the internal
angle, and corrective actions if necessary. This AD also requires, for
certain airplanes, replacing the fasteners, which terminates certain
repetitive inspections. This AD was prompted by reports of undertorqued
or loose fasteners, a cracked bulkhead chord, and a fractured back-up
angle. We are issuing this AD to detect and correct loose fasteners
and/or damaged or cracked hanger fittings, back-up angles, and bulkhead
of the forward engine mount, which could lead to failure of the hanger
fitting and bulkhead and consequent separation of the engine from the
airplane.

DATES: This AD is effective April 14, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 14,
2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

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: Ken Paoletti, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6434; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede airworthiness directive (AD) 2007-19-19, amendment
39-15210 (72 FR 53939, September 21, 2007). That AD applies to the
specified products. The NPRM was published in the Federal Register on
July 8, 2010 (75 FR 39185). That NPRM proposed to continue to require
repetitive inspections and torque checks of the hanger fittings and
strut forward bulkhead of the forward engine mount and adjacent support
structure, and visual inspections of the internal angle and external
bulkhead chord and detailed inspection of internal angles, and
corrective actions if necessary; and it proposed to retain the optional
inspection. That NPRM also proposed to require additional inspections
of airplanes that have hi-lok bolts and collars at all of the Group B
fastener locations, except fastener 13, and related investigative and
corrective actions. That NPRM also proposed to require repetitive
inspections of the internal angle, and corrective actions if necessary;
and for certain airplanes, replacing the fasteners, which would
terminate certain repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Include an Option To Support the Engine

    Boeing requested that we revise paragraph (k) of the NPRM to
include an option to support the engine while accomplishing the actions
specified in Boeing Alert Service Bulletin 747-54A2203, Revision 2,
dated July 9, 2009. Boeing stated that a safe engine support procedure
is established in Subject 71-00-02 of the Boeing 747 Aircraft
Maintenance Manual, which contains information for removing and
installing the power plant using one of two methods: with a crane,
overhead sling, strut-mounted bootstrap components; or with the PT90-E
universal engine changer. Boeing stated that using the PT90-E changer
is optional in the two hoisting procedures. Boeing pointed out that
Boeing Alert Service Bulletin 747-54A2203, Revision 2, dated July 9,
2009, clearly states not to use the bootstrap (strut-mounted)
components method. Boeing stated that all that is required is removing
the engine weight to remove the engine mount fasteners. Boeing stated
that doing paragraph (k) of the NPRM would unnecessarily remove the
engine and cause significant downtime and incur many costs.
    We disagree with the request to include the option to support the
engine weight. Boeing Alert Service Bulletin 747-54A2203, Revision 2,
dated July 9, 2009, specifies procedures to remove and install the
engine. Using other procedures to suspend the engine does not provide a
satisfactory level of safety. Safety issues may occur when supporting
the engine weight instead of removing the engine; for example, any
movement or loads applied to the engine with pneumatic ducts, hydraulic
lines, and controls connected may cause hidden damage. The engine
support procedure does not address the weight of the engine to ensure
that no loads are applied to the strut to allow fastener removal in
accordance with Boeing Alert Service Bulletin 747-54A2203, Revision 2,
dated July 9, 2009. In addition, the engine support procedure does not
require the airplane to be secured to prevent its movement during the
time that the engine is supported. We have retained the requirement in
paragraph (k) of this final rule. We have not changed the AD in regard
to this issue.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    There are about 266 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                   Average                   Cost per      U.S.-
              Action                Work  hours   labor rate     Parts       airplane    registered   Fleet cost
                                                   per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Actions (required by AD 2007-19-             40          $85           $0       $3,400          121     $411,400
 19)..............................
Internal Angle Inspection (new               16           85            0        1,360          121      164,560
 action)..........................
Replacement of fasteners (new                24           85            0        2,040          121      246,840
 action)..........................
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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 removing airworthiness directive (AD)
2007-19-19, Amendment 39-15210 (72 FR 53939, September 21, 2007), and
adding the following new AD:

2011-05-11 The Boeing Company: Amendment 39-16621; Docket No. FAA-
2010-0679; Directorate Identifier 2009-NM-179-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 14,
2011.

Affected ADs

    (b) This AD supersedes AD 2007-19-19, Amendment 39-15210.

Applicability

    (c) This AD applies to The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR,
and 747SP series airplanes, certificated in any category; as
identified in Boeing Alert Service Bulletin 747-54A2203, Revision 2,
dated July 9, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.

Unsafe Condition

    (e) This AD results from the development of a mandating action.
The Federal Aviation Administration is issuing this AD to detect and
correct loose fasteners and/or damaged or cracked hanger fittings,
back-up angles, and bulkhead of the forward engine mount, which
could lead to failure of the hanger fitting and bulkhead and
consequent separation of the engine from the airplane.

Compliance

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

Restatement of a Requirement of AD 2007-19-19, With Updated Service
Information

Inspections and Related Investigative and Corrective Actions

    (g) Except as provided by paragraphs (i), (l), and (n) of this
AD: At the applicable compliance times and repeat intervals listed
in Tables 1 and 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007, do
the inspections and applicable related investigative and corrective
actions in accordance with Parts 2 and 8 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-54A2203, Revision
1, dated August 9, 2007; or Revision 2, dated July 9, 2009. After
the effective date of this AD, use only Boeing Alert Service
Bulletin 747-54A2203, Revision 2, dated July 9, 2009.

New Requirements of This AD

Mandatory Initial and Repetitive Inspections and Related Investigative
and Corrective Actions

    (h) For all airplanes: Except as provided by paragraph (m) of
this AD, at the applicable time in Table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-54A2203,
Revision 2, dated July 9, 2009, do the initial inspection and
related investigative and corrective actions in accordance with Part
7 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-54A2203, Revision 2, dated July 9, 2009, except as
required by paragraphs (k) and (n) of this AD. Repeat the inspection
thereafter at the applicable time in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 747-54A2203, Revision 2, dated July
9, 2009.
    (i) For airplanes that were inspected in accordance with in
Boeing Alert Service

Bulletin 747-54A2203, dated August 31, 2000; or Revision 1, dated
August 9, 2007; and that have hi-lok bolts and collars at all of the
Group B fastener locations: Except as provided by paragraph (m) of
this AD, at the applicable time in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 747-54A2203, Revision 2, dated July
9, 2009, do the initial inspection and related investigative and
corrective actions in accordance with Part 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-54A2203, Revision
2, dated July 9, 2009, except as required by paragraph (n) of this
AD. Repeat the inspection at the applicable interval in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-54A2203,
Revision 2, dated July 9, 2009.

Replacement of Hi-Lok Group B Fasteners

    (j) For airplanes that were inspected in accordance with Boeing
Alert Service Bulletin 747-54A2203, dated August 31, 2000, and that
have hi-lok bolts and collars at all of the Group B fastener
locations: Within 18 months after the effective date of this AD,
replace all hi-lok Group B fasteners in accordance with Part 6 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-54A2203, Revision 2, dated July 9, 2009. Repeat the inspection
required by Part 2 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 747-54A2203, Revision 2, dated July 9, 2009,
at the applicable interval specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-54A2203,
Revision 2, dated July 9, 2009.

Exceptions to Service Bulletin

    (k) Where Step 3 of Part 7 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August
9, 2007; or Revision 2, dated July 9, 2009; provides the option to
support the engine weight instead of removing the engine, this AD
does not allow that option. This AD requires that the engine be
removed before performing the inspections required by paragraph (h)
of this AD.
    (l) Where Boeing Alert Service Bulletin 747-54A2203, Revision 1,
dated August 9, 2007, specifies a compliance time after the date of
that service bulletin, this AD requires compliance within the
specified compliance time after October 9, 2007 (the effective date
of AD 2007-19-19).
    (m) Where Boeing Alert Service Bulletin 747-54A2203, Revision 2,
dated July 9, 2009, specifies a compliance time after the date of
Revision 1 or Revision 2 of that service bulletin, this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (n) Where Boeing Alert Service Bulletin 747-54A2203, Revision 1,
dated August 9, 2007; or Boeing Alert Service Bulletin 747-54A2203,
Revision 2, dated July 9, 2009; specifies to contact Boeing for
appropriate action, this AD requires, before further flight, repair
of the discrepancy or replacement of the discrepant part using a
method approved in accordance with the Boeing Commercial Airplanes
Organization Designation Authorization or in accordance with the
procedures specified in paragraph (p) of this AD.

Credit for Actions Previously Accomplished in Accordance With Previous
Service Information

    (o) Actions performed before the effective date of this AD, in
accordance with Boeing Alert Service Bulletin 747-53A2203, Revision
1, dated August 9, 2007, are acceptable for compliance with the
corresponding actions specified in paragraphs (h), (i), and (j) of
this AD.

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Ken Paoletti, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
who has been authorized by the Manager, Seattle ACO, to make those
findings. For a repair method to be approved, the repair must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2007-19-19,
Amendment 39-15210, are approved as AMOCs for the corresponding
provisions of this AD.

Related Information

    (q) For more information about this AD, contact Ken Paoletti,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6434; fax<PHONE_NUMBER>.

Material Incorporated by Reference

    (r) You must use Boeing Alert Service Bulletin 747-54A2203,
Revision 2, dated July 9, 2009, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
1601 Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 22, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5117 Filed 3-9-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55693-55694]
[FR Doc No: 2013-22092]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-143-000.
    Applicants: Seneca Generation, LLC, Lake Lynn Generation, LLC, All
Dams Generation, LLC, PE Hydro Generation, LLC, FirstEnergy Service
Company.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act and Requests for Waivers, Confidential
Treatment, and Expedited Action of Seneca Generation, LLC, et al.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5136.
    Comments Due: 5 p.m. ET 9/25/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1489-001.
    Applicants: Quantum Lake Power, LP.
    Description: Notice of Non-Material Change in Status of Quantum
Lake Power, LP.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5144.
    Comments Due: 5 p.m. ET 9/24/13.

    Docket Numbers: ER13-2307-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 09-03-2013 SA 2491 Hazleton-Mitchell Amend MPFCA to be
effective 9/4/2013.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5112.
    Comments Due: 5 p.m. ET 9/24/13.

    Docket Numbers: ER13-2308-000.
    Applicants: Sapphire Power Marketing LLC.
    Description: Application for Market-Based Rate Authorization to be
effective 9/4/2013.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5115.
    Comments Due: 5 p.m. ET 9/24/13.

    Docket Numbers: ER13-2309-000.
    Applicants: PacifiCorp.
    Description: BPA Construction Agreement (Summer Lake PMU) to be
effective 9/4/2013.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5133.
    Comments Due: 5 p.m. ET 9/24/13.

    Docket Numbers: ER13-2310-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Annual Calculation of the Cost of New Entry value
(CONE) for each Local Resource Zone (LRZ) in the MISO Region of
Midcontinent Independent System Operator, Inc.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5143.
    Comments Due: 5 p.m. ET 9/24/13.

    Docket Numbers: ER13-2312-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy, Inc. submits Average System Cost
Filing for Sales of Electric Power to the Bonneville Power
Administration, FY 2014-2015.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5075.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2313-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: Market Rule Changes to Modify Shortage Event
Definition to be effective 11/3/2013.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5090.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2314-000.
    Applicants: Arizona Public Service Company.
    Description: Eldorado Moenkopi 500kV Agreement--Certificate of
Concurrence RS 269 to be effective 9/16/2013.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5105.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2315-000.
    Applicants: Pennsylvania Electric Company, PJM Interconnection,
L.L.C.
    Description: FirstEnergy and Penelec submit First Revised Service
Agreement No. 3596 to be effective 12/31/9998.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5117.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2316-000.
    Applicants: Seneca Generation, LLC.
    Description: Application for Market-Based Rate Authorization to be
effective 9/5/2013.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5120.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2317-000.
    Applicants: Lake Lynn Generation, LLC.
    Description: Lake Lynn Generation, LLC submits Application for
Market-Based Rate Authorization to be effective 9/5/2013.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5126.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2318-000.
    Applicants: All Dams Generation, LLC.
    Description: All Dams Generation, LLC submits Application for
Market-Based Rate Authorization to be effective 9/5/2013.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5129.
    Comments Due: 5 p.m. ET 9/25/13.

    Docket Numbers: ER13-2319-000.
    Applicants: PE Hydro Generation, LLC.
    Description: PE Hydro Generation, LLC submits Application for
Market-Based Rate Authorization to be effective 9/5/2013.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5130.
    Comments Due: 5 p.m. ET 9/25/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 4, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-22092 Filed 9-10-13; 8:45 am]
BILLING CODE 6717-01-P


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The document was marked with 18 Deletions, 14 Insertions, 0 Moves. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 2 For the reasons stated in the preamble, Title 40, Chapter I of the Code of Federal Regulations is amended as follows:

Part 51   Requirements for Preparation, Adoption, and Submittal of Implementation Plans 1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401 7671q.

Subpart I  Review of New Sources and Modifications ( Amended)

2. Section 51.165 is amended:

a. By revising paragraph ( a)( 1)( x).

b. By revising paragraph ( a)( 1)( xxxvii)( C).

c. By adding paragraphs ( a)( 1)( xxxvii)( C)( 1) through ( 4).

d. By adding paragraph ( a)( 1)( xxxvii)( D).

e. By revising paragraph ( a)( 9).

The revisions and additions read as follows:

§ 51.165  Permit requirements ( a) * * *

( 1) * * *

( x) Significant means in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 3 POLLUTANT EMISSION RATE * * *

PM10: 15 tpy.

PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph ( a)( 1)( xxxvii).

* * *

( xxxvii) Regulated NSR pollutant, for purposes of this section,

means the following:

* * *

( C) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs ( a)( 1)( xxxvii)( A) or ( B) of this section, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:

( 1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.

( 2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 4 ( 3) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( 4) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of volatile organic compounds or ammonia from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

( D) Particulate matter ( PM2.5 and PM10) includes gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

( 2) * * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 5 ( 3) * * *

( 4) * * *

( 5) * * *

( 6) * * *

( 7) * * *

( 8) * * *

( 9) ( i) The plan shall require that in meeting the emissions offset requirements of paragraph ( a)( 3) of this section, the ratio of total actual emissions reductions to the emissions increase shall be at least 1: 1 unless an alternative ratio is provided for the applicable nonattainment area in paragraph ( a)( 9)( ii) to ( a)( 9)( iv).

( ii) The plan shall require that in meeting the emissions offset requirements of paragraph ( a)( 3) of this section for ozone Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 6 nonattainment areas that are subject to subpart 2, part D, title I of the Act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:

( A) In any marginal nonattainment area for ozone   at least 1.1: 1;

( B) In any moderate nonattainment area for ozone   at least 1.15: 1;

( C) In any serious nonattainment area for ozone   at least 1.2: 1;

( D) In any severe nonattainment area for ozone   at least 1.3: 1 ( except that the ratio may be at least 1.2: 1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and ( E) In any extreme nonattainment area for ozone   at least 1.5: 1 ( except that the ratio may be at least 1.2: 1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and ( iii) Notwithstanding the requirements of paragraph ( a)( 9)( ii) of Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 7 this section for meeting the requirements of paragraph ( a)( 3) of this section, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15: 1 for all areas within an ozone transport region that is subject to subpart 2, part D, title I of the Act, except for serious,

severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act.

( iv) The plan shall require that in meeting the emissions offset requirements of paragraph ( a)( 3) of this section for ozone nonattainment areas that are subject to subpart 1, part D, title I of the Act ( but are not subject to subpart 2, part D, title I of the Act, including 8 hour ozone nonattainment areas subject to 40 CFR 51.902( b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1: 1.

* * *

3. Section 51.166 is amended:

a. By adding paragraph ( a)( 6)( iv).

b. By revising paragraphs ( b)( 23), ( b)( 49), ( i)( 5)( ii),

and ( i)( 5)( iii). Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 8 The addition and revisions read as follows:

§ 51.166  Prevention of significant deterioration of air quality ( a)

* * *

( 6) Amendments.

* * *

( iv) When an implementation plan must be amended to address the prevention of significant deterioration of air quality for the PM2.5 national ambient air quality standards, the PM10 implementation plan provisions approved pursuant to this section may be used to implement a PM2.5 program until such amendments are approved, provided that ( 1) particulate matter emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures for purposes of determining applicability of prevention of Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 9 significant deterioration requirements; and ( 2) the air quality analysis required under subsection ( m) of this section shall be conducted with respect to the PM2.5 standards.

( b)

* * *

( 23)( i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

POLLUTANT AND EMISSIONS RATE * * * *

Particulate matter: 25 tpy of particulate matter emissions PM10: 15 tpy PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph ( b)( 49). Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 10 * * *

( 49) Regulated NSR pollutant, for purposes of this section, means the following:

( i) Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors to such pollutants. Precursors identified by the Administrator for purposes of NSR are the following:

( a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

( b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

( c) Nitrogen oxides are presumed precursors to PM2.5 in all attainment and unclassifiable areas, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 11 ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of volatile organic compounds from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

* * *

( v) Particulate matter ( PM2.5 and PM10) emissions include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

* * *

( i) * * *

( 5) * * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 12 * * *

( ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph ( i)( 5)( i) of this section; or ( iii) The pollutant is not listed in paragraph ( i)( 5)( i) of this section.

* * *

4. Appendix S to subpart 51 is amended:

a. By revising paragraph II. A. 10.

b. By revising paragraph [# to be determined in Appendix S rule incorporating NSR reform provisions]( C).

c. By revising paragraph IV G.

The revisions read as follows:

Appendix S to Part 51  Emissions Offset Interpretive Ruling Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 13 I  INTRODUCTION * * *

II  INITIAL SCREENING ANALYSIS AND DETERMINATION OF APPLICABLE REQUIREMENTS A. * * *

* * *

10. ( i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate * * *

Particulate matter: 25 tpy of particulate matter emissions PM10: 15 tpy PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 14 emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph [# to be determined in Appendix S rule incorporating NSR reform provisions].

* * *

[# to be determined in Appendix S rule incorporating NSR reform provisions] Regulated NSR pollutant, for purposes of this section, means the following:

* * *

( Ciii) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs [# to be determined in Appendix S rule incorporating NSR reform provisions] of this section, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:

( 1a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 15 ( 2b) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

( 3c) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( 4d) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of volatile organic compounds or ammonia from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

( Div) Particulate matter ( PM2.5 and PM10) includes gaseous emissions from a source or activity which condense to form Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 16 particulate matter at ambient temperatures.

III. * * *

IV. * * *

G. Offset Ratios.

1. In meeting the emissions offset requirements of paragraph IV. A, Condition 3 of this Ruling, the ratio of total actual emissions reductions to the emissions increase shall be at least 1: 1 unless an alternative ratio is provided for the applicable nonattainment area in paragraphs IV. G. 2 to IV. G. 4.

2. In meeting the emissions offset requirements of paragraph IV. A, Condition 3 of this Ruling for ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:

( i) In any marginal nonattainment area for ozone   at least 1.1: 1; Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 17 ( ii) In any moderate nonattainment area for ozone   at least 1.15: 1;

( iii) In any serious nonattainment area for ozone   at least 1.2: 1;

( iv) In any severe nonattainment area for ozone   at least 1.3: 1 ( except that the ratio may be at least 1.2: 1 if the State also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and ( v) In any extreme nonattainment area for ozone   at least 1.5: 1 ( except that the ratio may be at least 1.2: 1 if the State also requires all existing major sources in such nonattainment area to use BACT for the control of VOC);

3. Notwithstanding the requirements of paragraph IV. G. 2. of this Ruling for meeting the requirements of paragraph IV. A,

Condition 3 of this Ruling, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15: 1 for all areas within an ozone transport region that is subject to subpart 2, part D, title I of the Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title I of the Act. Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 18 4. In meeting the emissions offset requirements of paragraph IV. A, Condition 3 of this Ruling for ozone nonattainment areas that are subject to subpart 1, part D, title I of the Act ( but are not subject to subpart 2, part D, title I of the Act,

including 8 hour ozone nonattainment areas subject to 40 CFR 51.902( b)), the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1: 1.

Part 52   Approval and Promulgation of Implementation Plans 5. Section 52.21 is amended by revising paragraphs ( b)( 23), ( b)( 50) and ( i)( 5)( ii) to read as follows:

§ 52.21  Prevention of significant deterioration of air quality ( a) * * *

* * *

( b) * * *

* * * Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 19 ( 23)( i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate * * *

Particulate matter:

25 tpy of particulate matter emissions PM10: 15 tpy PM2.5: 10 tpy of PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions when identified as a PM2.5 precursor under paragraph ( b)( 50).

* * *

( 50) Regulated NSR pollutant, for purposes of this section, means the following:

( i) Any pollutant for which a national ambient air quality Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 20 standard has been promulgated and any constituents or precursors for such pollutants. Precursors identified by the Administrator for purposes of NSR are the following:

( a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

( b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

( c) Nitrogen oxides are presumed precursors to PM2.5 in all attainment and unclassifiable areas, unless it is demonstratedthe State demonstrates to the Administrator's satisfaction that emissions of nitrogen oxides from stationary sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations and the area is not in a State identified by the Administrator as a source of a PM2.5 interstate transport problem.

( d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless it is demonstratedthe State demonstrates to the Administrator's Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 21 satisfaction that emissions of volatile organic compounds from stationary sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

* * *

( v) Particulate matter ( PM2.5 and PM10) emissions include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

* * *

( i) * * *

( 5) * * *

* * *

( ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph ( i)( 5)( i) of this section; or Internal and Deliberative Draft Do not quote, cite, copy, or distribute outside the agency. September 2, 2005 22 ( iii) The pollutant is not listed in paragraph ( i)( 5)( i) of this section.

* * *


[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25444-25445]
[FR Doc No: 2023-08746]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0030]

Massachusetts Bay Transportation Authority's Request for Approval
To Begin Field Testing on Its Positive Train Control Network

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

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that, on April
11, 2023, the Massachusetts Bay Transportation Authority (MBTA)
submitted a request to field test its trains that have been equipped
with MBTA's Advanced Civil Speed Enforcement System II (ACSES II)
technology on its South Coast Rail commuter rail lines. MBTA states
that the tests will be performed and operation verified for all ACSES
II PTC functions. FRA is publishing this notice and inviting public
comment on MBTA's request to test its PTC system.

DATES: FRA will consider comments received by June 26, 2023. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary testing on
a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0030. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/research-development/program-areas/train-control/ptc/railroads-ptc-dockets. All comments received will be posted without change to https://www.regulations.gov; this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. On June 30, 2020, FRA certified MBTA's
ACSES II PTC system under 49 CFR 236.1015 and 49 U.S.C. 20157(h).
Pursuant to 49 CFR 236.1035, a railroad must obtain FRA's approval
before field testing an uncertified PTC system, or a product of an
uncertified PTC system, or any regression testing of a certified PTC
system on the general rail system. See 49 CFR 236.1035(a). There are
three stages of testing for which approval is being requested, starting
with track database validation, followed by pre-certification and
integration testing, and the final stage involving test results and
documentation completion. MBTA's test request contains the required
information, including a complete description of MBTA's Concept of
Operations and its specific test procedures, including the measures
that will be taken to ensure safety during testing, are available for
review online at https://www.regulations.gov in Docket No. FRA-2010-
0030.
    Interested parties are invited to comment on MBTA's Test Request by
submitting written comments or data. During FRA's review of this
railroad's request, FRA will consider any comments or data submitted
within the timeline specified in this notice and to the extent
practicable, without delaying testing of valuable or necessary
modifications to a PTC system. See 49 CFR 236.1035. Under 49 CFR
236.1035, FRA maintains the authority to approve, approve with
conditions, or deny a railroad's test request at FRA's sole discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their

organization; however, submission of names is completely optional. If
you wish to provide comments containing proprietary or confidential
information, please contact FRA for alternate submission instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-08746 Filed 4-25-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Notices]
[Page 37299]
[DOCID:fr28jy09-97]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-
2003-14223; FMCSA-2005-20027; FMCSA-2005-20560]

Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 6 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on July 2, 2009.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 6 renewal applications, FMCSA renews the Federal
vision exemptions for Edmund J. Barron, Thomas E. Howard, Roger K. Cox,
Billy L. Johnson, Myron D. Dixon, and Clifford E. Masink.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: July 21, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-17972 Filed 7-27-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Proposed Rules]
[Page 54635-54638]
[DOCID:fr26se07-39]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 578

[Docket No. NHTSA-2007-28445; Notice 1]
RIN 2127-AK07

Civil Penalties

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to increase the maximum aggregate civil
penalties for violations of the odometer tampering and disclosure
requirements and certain administrative provisions of the Energy Policy
and Conservation Act. This action would be taken pursuant to the
Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as
amended by the Debt Collection Improvement Act of 1996, which requires
us to review and, as warranted, adjust penalties based on inflation at
least every four years.

DATES: Comments on the proposal are due October 26, 2007.
    Proposed effective date: 30 days after date of publication of the
final rule in the Federal Register.

ADDRESSES: You may submit comments [identified by DOT Docket ID Number
NHTSA-2007-28445] by any of the following methods:
    If filing comments by September 27, 2007, please use:
     Web Site: http://dms.dot.gov. Follow the instructions for

submitting comments on the Department of Transportation Docket
Management System electronic docket site. No electronic submissions
will be accepted between September 28, 2007, and October 1, 2007.
    If filing comments on or after October 1, 2007, use:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.dms.dot.gov or http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, 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 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov until September 27, 2007,

or the street address listed above. The DOT docket may be offline at
times between September 28 through September 30 to migrate to the
Federal Docket Management System (FDMS). On October 1, 2007, the
internet access to the docket will be at http://www.regulations.gov.

Follow the online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: Michael Kido, Office of Chief Counsel,
NHTSA, telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>, 1200 New
Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    In order to preserve the remedial impact of civil penalties and to
foster compliance with the law, the Federal Civil Monetary Penalty
Inflation Adjustment Act of 1990 (28 U.S.C. 2461, Notes, Pub. L. 101-
410), as amended by the Debt Collection Improvement Act of 1996 (Pub.
L. 104-134) (referred to collectively as the ``Adjustment Act'' or, in
context, the ``Act''), requires us and other Federal agencies to adjust
civil penalties for inflation. Under the Adjustment Act, following an
initial adjustment that was capped by the Act, these agencies must make
further adjustments, as warranted, to the amounts of penalties in
statutes they administer at least once every four years.
    NHTSA's initial adjustment of civil penalties under the Adjustment
Act was published on February 4, 1997. 62 FR 5167. At that time, we
codified the penalties under statutes administered by NHTSA, as
adjusted, in 49 CFR Part 578, Civil Penalties. On July 14, 1999, we
further adjusted certain penalties. 64 FR 37876. In 2000, the
Transportation Recall Enhancement, Accountability, and Documentation
(``TREAD'') Act increased the maximum penalties under the National
Traffic and Motor Vehicle Safety Act as amended (sometimes referred to
as the ``Motor Vehicle Safety Act''). We codified those amendments in
Part 578 on November 14, 2000. 65 FR 68108. On August 7, 2001, we also
adjusted certain penalty amounts pertaining to odometer tampering and
disclosure requirements and vehicle theft prevention. 66 FR 41149. On
September 28, 2004, we adjusted the maximum penalty amounts for a
related series of violations involving the agency's provisions
governing vehicle safety, bumper standards, and consumer information.
69 FR 57864. On September 8, 2005, the agency adjusted its penalty
amounts for violations of its

vehicle theft protection standards and those involving a related series
of odometer-related violations. 70 FR 53308. Most recently, on May 16,
2006, the agency adjusted its penalty amounts for violations of the
Motor Vehicle Safety Act, as amended, and codified amendments made to
the Motor Vehicle Safety Act by the Safe, Accountable, Flexible,
Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU).
119 Stat. 1144, 1942-43 (Aug. 10, 2005).
    We have reviewed the civil penalty amounts in 49 CFR Part 578 and
propose in this notice to adjust certain penalties under the Adjustment
Act. Those civil penalties that we are proposing to adjust address
penalty amounts pertaining to single violations involving (1) odometer
tampering and disclosure and (2) administrative provisions of the
automobile fuel economy law.

Method of Calculation--Proposed Adjustments

    Under the Adjustment Act, we first calculate the inflation
adjustment for each applicable civil penalty by arithmetically
increasing the maximum civil penalty amount per violation by a cost-of-
living adjustment. Section 5(b) of the Adjustment Act defines the
``cost-of-living'' adjustment as:
    The percentage (if any) for each civil monetary penalty by which --
    (1) The Consumer Price Index for the month of June of the calendar
year preceding the adjustment exceeds.
    (2) The Consumer Price Index for the month of June of the calendar
year in which the amount of such civil monetary penalty was last set or
adjusted pursuant to law.
    Since the proposed adjustment is intended to be effective before
December 31, 2007, the ``Consumer Price Index [CPI] for the month of
June of the calendar year preceding the adjustment'' would be the CPI
for June 2006.\1\ This figure, based on the Adjustment Act's
requirement of using the CPI ``for all-urban consumers published by the
Department of Labor'' is 607.8.\2\ The penalty amounts that NHTSA
proposes to adjust for single violations of both the agency's odometer
tampering and disclosure requirements and certain administrative
provisions of the Energy Policy and Conservation Act of 1975 as amended
and recodified (EPCA), which generally regulates fuel economy, were
last set in 1997 based on the Adjustment Act's requirements. The CPI
figure for June 1997 is 480.2. Accordingly, the factor that we are
using in calculating the proposed increases is 1.27 (607.8/480.2) for
both penalty amounts.
---------------------------------------------------------------------------

    \1\ We note that in the event that this rule becomes effective
in 2008, the agency would use the CPI for June 2007 to calculate
this adjustment.
    \2\ Individuals interested in deriving the CPI figures used by
the agency may visit the Department of Labor's Consumer Price Index
Home Page at http://www.bls.gov/cpi/home.htm. Scroll down to ``Most

Requested Statistics'' and select the ``All Urban Consumers (Current
Series)'' option, select the ``U.S. ALL ITEMS 1967=100--
CUUR0000AA0'' box, and click on the ``Retrieve Data'' button.
---------------------------------------------------------------------------

    Second, using this inflation factor, increases above the current
maximum penalty levels are calculated and are then subject to a
specific rounding formula set forth in Section 5(a) of the Adjustment
Act. 28 U.S.C. 2461, Notes. Under that formula:
    Any increase shall be rounded to the nearest
    (1) Multiple of $10 in the case of penalties less than or equal to
$100;
    (2) Multiple of $100 in the case of penalties greater than $100 but
less than or equal to $1,000;
    (3) Multiple of $1,000 in the case of penalties greater than $1,000
but less than or equal to $10,000;
    (4) Multiple of $5,000 in the case of penalties greater than
$10,000 but less than or equal to $100,000;
    (5) Multiple of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
    (6) Multiple of $25,000 in the case of penalties greater than
$200,000.

Change to Maximum Penalty (Single Violation) Under the Odometer
Tampering and Disclosure Provision, 49 U.S.C. Chapter 327 (49 CFR
578.6(f)(1))

    The maximum civil penalty for a single violation of the odometer
tampering and disclosure statutory provisions or a regulation
prescribed thereunder is $2,200, as specified in 49 CFR 578.6(f)(1).
See 62 FR 5167. The underlying statutory civil penalty provision is
contained in 49 U.S.C. 32709(a). Applying the appropriate inflation
factor (1.27) raises the $2,200 figure to $2,794, an increase of $594.
Under the rounding formula, any increase in a penalty's amount shall be
rounded to the nearest multiple of $1,000 in the case of penalties
greater than $1,000 but less than or equal to $10,000. In this case,
the increase would be $1,000. Accordingly, we propose that Section
578.6(f)(1) be amended to increase the maximum civil penalty from
$2,200 to $3,200 for a single violation.

Change to Maximum Penalty (Single Violation) Under the Automobile Fuel
Economy Provisions, 49 U.S.C. Chapter 329 (49 CFR 578.6(h)(1))

    The maximum civil penalty for a single violation of certain
administrative provisions of EPCA is $11,000, as specified in 49 CFR
578.6(h)(1). See 62 FR 5167. Specifically, Section 578.6(h)(1) applies
a maximum penalty of $11,000 for a violation of 49 U.S.C. 32911(a),
which applies generally to violations of 49 U.S.C. Chapter 329,
excluding 49 U.S.C. 32902 (average fuel economy standards), 32903
(credits for exceeding average fuel economy standards), 32908(b) (fuel
economy labeling requirements), 32917(b) (executive agency fleet
average fuel economy), and 32918 (retrofit devices). Section 32911(a)
applies, for example, to inaccurate reports to NHTSA under 49 U.S.C.
32907 and regulations promulgated thereunder. The underlying statutory
civil penalty provision is 49 U.S.C. 32912(a). Applying the appropriate
inflation factor (1.27) raises the $11,000 figure to $13,970, an
increase of $2,970. Under the rounding formula, any increase in a
penalty's amount shall be rounded to the nearest multiple of $5,000 in
the case of penalties greater than $10,000 but less than or equal to
$100,000. In this case, the increase would be $5,000. Accordingly, we
propose that Sec.  578.6(h)(1) be amended to increase the maximum civil
penalty from $11,000 to $16,000 for a single violation.

Effective Date

    The amendments would be effective 30 days after publication of the
final rule in the Federal Register. The adjusted penalties would apply
to violations occurring on and after the effective date.

Request for Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
    Please submit two copies of your comments, including the
attachments, to Docket Management at the beginning

of this document, under ADDRESSES. You may also submit your comments
electronically to the docket following the steps outlined under
ADDRESSES.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of
confidentiality, you should submit the following to the Chief Counsel
(NCC-110) at the address given at the beginning of this document under
the heading FOR FURTHER INFORMATION CONTACT: (1) A complete copy of the
submission; (2) a redacted copy of the submission with the confidential
information removed; and (3) either a second complete copy or those
portions of the submission containing the material for which
confidential treatment is claimed and any additional information that
you deem important to the Chief Counsel's consideration of your
confidentiality claim. A request for confidential treatment that
complies with 49 CFR Part 512 must accompany the complete submission
provided to the Chief Counsel. For further information, submitters who
plan to request confidential treatment for any portion of their
submissions are advised to review 49 CFR Part 512, particularly those
sections relating to document submission requirements. Failure to
adhere to the requirements of Part 512 may result in the release of
confidential information to the public docket. In addition, you should
submit two copies from which you have deleted the claimed confidential
business information, to Docket Management at the address given at the
beginning of this document under ADDRESSES.

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated at
the beginning of this notice under DATES. In accordance with our
policies, to the extent possible, we will also consider comments that
Docket Management receives after the specified comment closing date. If
Docket Management receives a comment too late for us to consider in
developing the proposed rule, we will consider that comment as an
informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the
address and times given near the beginning of this document under
ADDRESSES.
    You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
    (1) Go to the Docket Management System (DMS) Web page of the
Department of Transportation (http://dms.dot.gov/).

    (2) On that page, click on ``search.''
    (3) On the next page (http://dms.dot.gov/search/), type in the

four-digit docket number shown at the heading of this document.
Example: if the docket number were ``NHTSA-2006-1234,'' you would type
``1234.''
    (4) After typing the docket number, click on ``search.''
    (5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see.
    You may download the comments. The comments are imaged documents,
in either TIFF or PDF format. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    We have considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed
under Executive Order 12866, ``Regulatory Planning and Review.'' This
action is limited to the proposed adoption of adjustments of civil
penalties under statutes that the agency enforces, and has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures.

Regulatory Flexibility Act

    We have also considered the impacts of this notice under the
Regulatory Flexibility Act. I certify that a final rule based on this
proposal will not have a significant economic impact on a substantial
number of small entities. The following provides the factual basis for
this certification under 5 U.S.C. 605(b). The proposed amendments
almost entirely potentially affect manufacturers of motor vehicles and
motor vehicle equipment.
    The Small Business Administration's regulations define a small
business in part as a business entity ``which operates primarily within
the United States.'' 13 CFR 121.105(a). SBA's size standards were
previously organized according to Standard Industrial Classification
(SIC) Codes. SIC Code 336211 ``Motor Vehicle Body Manufacturing''
applied a small business size standard of 1,000 employees or fewer. SBA
now uses size standards based on the North American Industry
Classification System (NAICS), Subsector 336--Transportation Equipment
Manufacturing, which provides a small business size standard of 1,000
employees or fewer for automobile manufacturing businesses. Other motor
vehicle-related industries have lower size requirements that range
between 500 and 750 employees.
    Many small businesses are subject to the penalty provisions of the
odometer laws in 49 U.S.C. Chapter 327. Some small businesses are
subject to the EPCA provisions in 49 U.S.C. Chapter 329 and therefore
may be affected by the adjustments that this NPRM proposes to make. As
noted throughout this preamble, this proposed rule would increase only
the maximum penalty amounts that the agency could obtain for a single
violation of the odometer tampering and disclosure provisions and
administrative provisions of EPCA. The proposed rule does not set the
amount of penalties for any particular violation or series of
violations. Under the odometer laws, the applicable penalty provision
requires the agency to take into account the ability to pay and any
effect on the ability to continue doing business when determining the
appropriate civil penalty in an individual case. See 49 U.S.C.
32709(a)(3)(B). Although EPCA does not provide for consideration of
business size, it contains a provision for the compromise or remittitur
of penalties for violations of 49 U.S.C. 32911(a). See 49 U.S.C.
32912(a) and 32913(a). The agency would also consider the size of a
business under its civil penalty policy when determining the
appropriate civil penalty amount for violations of 49 U.S.C. 32701 et
seq. or 49 U.S.C. 32911(a). See 62 FR 37115 (July 10, 1997) (NHTSA's
civil penalty policy under the Small Business Regulatory Enforcement
Fairness Act (SBREFA)). The penalty adjustments that are being proposed
would not affect our civil penalty policy under SBREFA.

    Since this proposed regulation would not establish penalty amounts,
this proposal will not have a significant economic impact on small
businesses.
    Small organizations and governmental jurisdictions would not be
significantly affected as the price of motor vehicles and equipment
ought not change as the result of this proposed rule. As explained
above, this action is limited to the proposed adoption of a statutory
directive, and has been determined to be not ``significant'' under the
Department of Transportation's regulatory policies and procedures.

Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, the agency may not issue a
regulation with Federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, the agency
consults with State and local governments, or the agency consults with
State and local officials early in the process of developing the
proposed regulation.
    This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The reason is that this proposed rule would apply to motor vehicle
manufacturers, and not to the States or local governments. Thus, the
requirements of Section 6 of the Executive Order do not apply.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, requires
agencies to prepare a written assessment of the cost, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. Because this proposed rule will not have a $100
million effect, no Unfunded Mandates assessment will be prepared.

National Environmental Policy Act

    We have also analyzed this proposed rulemaking action under the
National Environmental Policy Act and determined that it would have no
significant impact on the human environment.

Executive Order 12778 (Civil Justice Reform)

    This proposed rule does not have a retroactive or preemptive
effect. Judicial review of a rule based on this proposal may be
obtained pursuant to 5 U.S.C. 702. That section does not require that a
petition for reconsideration be filed prior to seeking judicial review.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, we state
that there are no requirements for information collection associated
with this rulemaking action.

List of Subjects in 49 CFR Part 578

    Imports, Motor vehicle safety, Motor vehicles, Rubber and Rubber
Products, Tires, Penalties.

PART 578--CIVIL AND CRIMINAL PENALTIES

    In consideration of the foregoing, 49 CFR Part 578 would be amended
as set forth below.
    1. The authority citation for 49 CFR Part 578 would continue to
read as follows:

    Authority: Pub. L. 101-410, Pub. L. 104-134, Pub. L. 106-414, 49
U.S.C. 30165, 49 U.S.C. 30170, 30505, 32308, 32309, 32507, 32709,
32710, 32912, and 33115; delegation of authority at 49 CFR 1.50.

    2. Section 578.6 would be amended by revising paragraphs (f)(1) and
(h)(1) to read as follows:

Sec.  578.6  Civil penalties for violations of specified provisions of
Title 49 of the United States Code.

* * * * *
    (f) Odometer tampering and disclosure. (1) A person that violates
49 U.S.C. Chapter 327 or a regulation prescribed or order issued
thereunder is liable to the United States Government for a civil
penalty of not more than $3,200 for each violation. A separate
violation occurs for each motor vehicle or device involved in the
violation. The maximum civil penalty under this paragraph for a related
series of violations is $130,000.
* * * * *
    (h) Automobile fuel economy. (1) A person that violates 49 U.S.C.
32911(a) is liable to the United States Government for a civil penalty
of not more than $16,000 for each violation. A separate violation
occurs for each day the violation continues.
* * * * *

    Issued on: September 21, 2007.
Anthony M. Cooke,
Chief Counsel.
[FR Doc. E7-19019 Filed 9-25-07; 8:45 am]

BILLING CODE 4910-59-P