[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61898-61899]
[FR Doc No: 2019-24745]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10001-95-OMS]

Good Neighbor Environmental Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for nominations to the Good Neighbor Environmental
Board.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a diverse range of qualified candidates to be
considered for appointment to its Good Neighbor Environmental Board
(GNEB). Vacancies are expected to be filled by March 31, 2020. Sources
in addition to this Federal Register Notice may also be utilized in the
solicitation of nominees.

ADDRESSES: Submit nominations to Eugene Green, Designated Federal
Officer, Office of Resources and Business Operations, Federal Advisory
Committee Management Division (1601M), 1200 Pennsylvania Avenue NW,
Washington, DC 20460. You may also email nominations with the subject
line COMMITTEE APPLICATION PACKAGE 2020 for (Name of Nominee) to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Eugene Green, Designated Federal
Officer, U.S. EPA, telephone<PHONE_NUMBER>, fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Background: GNEB is a federal advisory committee chartered under
the Federal Advisory Committee Act (FACA), Public Law 92-463. GNEB was
created in 1992 by the Enterprise for the Americas Initiative Act,
Public Law 102-532, 7 U.S.C. 5404. Implementing authority was delegated
to the Administrator of EPA under Executive Order 12916. The GNEB is
charged by statute with submitting an annual report to the President on
the need for implementation of environmental and infrastructure
projects within the states of the United States contiguous to Mexico.
The statute calls for the GNEB to have representatives from U.S.
Government agencies; the governments of the states of Arizona,
California, New Mexico and Texas; and tribal and private organizations
with experience in environmental and infrastructure issues along the
US/Mexico Border. Members are appointed by the EPA Administrator for
two-year terms with the possibility of reappointment. The GNEB meets
approximately three times annually either in person or via video/
teleconference. The average workload for committee members is
approximately 10 to 15 hours per month. Members serve on the committees
in a voluntary capacity. Although we are unable to offer compensation
or an honorarium, members may receive travel and per diem allowances,
according to applicable federal travel regulations. The EPA is seeking
nominations from a variety of nongovernmental interests along the U.S.-
Mexico border from the private sector, including representatives from
business, academia, environmental groups, health groups, ranching and
grazing, energy, financial, and other relevant sectors. EPA values and
welcomes diversity. To obtain nominations of diverse candidates, EPA
encourages nominations of women and men of all racial and ethnic
groups.
    The following criteria will be used to evaluate nominees:
     Background and experiences that would help members
contribute to the diversity of perspectives on the committee (e.g.,
geographic, economic, social, cultural, educational, and other
considerations).
     Representative of a sector or group that helps to shape
border-region environmental policy or representatives of a group that
is affected by border region environmental policy.
     Has extensive professional knowledge and experience with
the issues that the GNEB examines (i.e., environmental and
infrastructure issues along the U.S.-Mexico border),

including the bi-national dimension of these issues.
     Bring senior level experience that will fill a need of the
GNEB in bringing a new and relevant dimension to its deliberations.
     Possesses a demonstrated ability to work in a consensus
building process with a wide range of representatives from diverse
constituencies.
     Ability to contribute approximately 10 to 15 hours per
month to the GNEB's activities, including face-to-face meetings,
conference calls and participation in the development of the GNEB's
annual report to the President and comment letters.
     Nominees may self-nominate by submitting a resume
describing their professional and educational qualifications, including
current business address, email and daytime telephone number.
     All nominees must demonstrate the potential for active and
constructive involvement in the GNEB's work.
    If you are interested in serving on GNEB, we will need the
following items to process your nomination package:
     Nominations must include a brief statement of interest,
resume, curriculum vitae, or a short biography (no more than two
paragraphs) describing your professional and educational
qualifications, including a list of relevant activities and any current
or previous service on advisory committees. The statement of interest,
resume, curriculum vitae, or short biography should include the
candidate's name, name and address of current organization, position
title, email address, and daytime telephone number(s). In preparing
your statement of interest, please describe how your background,
knowledge, and experience will bring value to the work of the
committee, and how these qualifications would contribute to the overall
diversity of the GNEB. Also, be sure to describe any previous
involvement with the Agency through employment, grant funding and/or
contracting sources.
     Candidates from the academic sector must also provide a
letter of recommendation authorizing the nominee to represent their
institution.
     Please be advised that federal registered lobbyists are
not permitted to serve on federal advisory boards.
    Federal Advisory Committee Term and Condition: As indicated in the
EPA memorandum, Strengthening and Improving Membership on EPA Federal
Advisory Committees, issued on October 31, 2017, no member of an EPA
Federal Advisory Committee may receive compensation from EPA grants,
either as a principal investigator or co-investigator, or be in a
position that otherwise would reap substantial direct benefit from the
grant, while serving on an EPA Federal Advisory Committee.
    Accordingly, an individual's ability to begin or continue serving
on an EPA Federal Advisory committee may be impacted if during the
individual's expected or ongoing service:
     (a) The grant recipient lists the individual as a
principal investigator or co-investigator on the grant; or
     (b) The individual is not listed on the grant but is in a
position for the entity such that the individual would otherwise reap
substantial direct benefit from the grant.
    This term and condition does not apply to state, local, or tribal
government recipients.

    Dated: October 25, 2019.
Eugene Green,
Program Analyst.
[FR Doc. 2019-24745 Filed 11-13-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Proposed Rules]
[Pages 64450-64461]
[FR Doc No: 2012-25853]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 172, 173, 175, and 178

[Docket No. PHMSA-2011-0158 (HM-233C)]
RIN 2137-AE82

Hazardous Materials: Incorporation of Certain Special Permits and
Competent Authorities Into Regulations

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
proposing to amend the Hazardous Materials Regulations to incorporate
provisions contained in certain widely used or longstanding special
permits and certain competent authority approvals (``approvals'') that
have established safety records. Special permits allow a company or
individual to package or ship a hazardous material in a manner that
varies from the regulations provided an equivalent level of safety is
maintained. An approval is a written consent (document) required under
an international standard (i.e., International Maritime Dangerous Goods
(IMDG) Code, International Civil Aviation Organization (ICAO)), or is
specifically provided for in the HMR, and is issued by the Associate
Administrator for Hazardous Materials Safety. These proposed revisions
are intended to provide wider access to the regulatory flexibility
offered in special permits and approvals and eliminate the need for
numerous renewal requests, reducing paperwork burdens and facilitating
commerce while maintaining an appropriate level of safety.
Additionally, this rulemaking will address three petitions for
rulemaking regarding the continued use of renewal applications for long
standing special permits.

DATES: Written comments should be submitted on or before December 21,
2012.

ADDRESSES: You may submit comments by identification of the docket
number (PHMSA-2011-0158; HM-233C) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: 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;
Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous
Materials Safety, Standards and Rulemaking Division,<PHONE_NUMBER>,
or, Diane LaValle, Office of Hazardous Materials Safety, Approvals and
Permits Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:

I. Executive Summary
II. Background
III. Overview of Proposed Amendments
IV. Summary Review of Amendments
V. Regulatory Analyses and Notices

I. Executive Summary

    PHMSA is proposing to amend the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) to incorporate several long standing
special permit and competent authorities into the HMR. The identified
special permits and competent authorities have a long history of
safety. Special permits allow a company or individual to package or
ship a hazardous material in a manner that varies from the hazardous
materials regulations (HMR) provided an equivalent level of safety is
maintained. A competent authority (CA) approval is a written consent
(document) required under an international standard (i.e.,
International Maritime Dangerous Goods (IMDG) code or International
Civil Aviation Organization (ICAO)) and is issued by the Associate
Administrator for Hazardous Materials Safety.
    In 2009, an audit of the Special Permits program by the Office of
the Inspector General identified a need for an ongoing review of all
open special permits with an outlook towards identifying those that
should be made part of the HMR to reduce the overall economic burden to
both affected industry and the government. Four rulemakings, HM-233A
(75 FR 27205), HM-245 (76 FR 5483), and HM-216B (77 FR 37962) have
successfully codified certain special permits into the HMR. These
revisions provided wider access to the regulatory flexibility offered
in special permits and eliminate the need for numerous renewal
requests, thus reducing paperwork burdens and facilitating commerce
while maintaining an appropriate level of safety.
    This notice of proposed rulemaking (NPRM), HM-233C, continues this

initiative by proposing to incorporate several additional long-standing
special permits and competent authority approvals with proven safety
records into the HMR. The special permits affected by the proposed rule
represent variances from current regulations on topics categorized as
follows:
     Limited quantities of liquids and solids containing ethyl
alcohol.
     Transportation of solid coal tar pitch compounds.
     Transportation of certain ammonia solutions in UN1H1 and
UN6HA1 drums.
     Transportation of spent bleaching earth.
     Requalification of non-DOT specification cylinders in
life-saving appliances.
     Use of regulated medical waste containers displaying
alternative markings.
     Incorporation of Oxygen Generator special permits to
harmonize with FAA Modernization and Reform Act of 2012.
    The economic impact of the proposed rule can thus be summarized as
follows: NET Cost: $0. Currently, industry must apply for a special
permit in order to ship materials as described in this NPRM.
Incorporation of these special permits into the HMR will reduce the
burden on industry by no longer requiring industry to apply for a
special permit to ship these materials. Therefore, this proposed rule
does not impose any new costs to industry.
    NET Benefits: $4,539 per year. (Averaged over 10 years, at a 7%
annual discount rate.)
    In addition to general positive economic impacts noted above, there
are known benefits by the elimination of the need for numerous party-to
applications and renewal requests. PHMSA estimates that the
incorporation of these special permits and competent authority
approvals will result in 140 fewer responses per year.

II. Background

    PHMSA is proposing to amend the HMR to incorporate certain
requirements based on existing special permits (SPs) issued by PHMSA
under 49 CFR Part 107, Subpart B (Sec. Sec.  107.101 to 107.127) and
certain approvals issued under 49 CFR Part 107, Subpart D (Sec. Sec.
107.401 to 107.405). A special permit sets forth alternative
requirements--or a variance--to the requirements in the HMR in a way
that achieves a safety level at least equal to the safety level
required under the regulations or that is consistent with the public
interest. See 49 CFR 107.105(d). Congress expressly authorized DOT to
issue these variances in the Hazardous Materials Transportation Act (US
Code: 49 USC 5109-5127) as amended. An approval is a written consent
(document) required under an international standard (i.e., IMDG Code,
ICAO), or is authorized in a specific section of the HMR and is issued
by the Associate Administrator for Hazardous Materials Safety.

Special Permits

    The HMR generally are performance-oriented regulations, which
provide the regulated community with some flexibility in meeting safety
requirements. Even so, not every transportation situation can be
anticipated and built into the regulations. Innovation is the strength
of our economy and the hazardous materials community is a leader in
developing new materials and technologies and innovative ways of moving
materials. Special permits enable the hazardous materials industry to
quickly, effectively, and safely integrate new products and
technologies into production and the transportation stream. Thus,
special permits provide a mechanism for testing new technologies,
promoting increased transportation efficiency and productivity, and
ensuring global competitiveness. Hazardous materials transported under
the terms of a special permit must achieve a level of safety at least
equal to the level of safety achieved when transported under the HMR or
that is consistent with the public interest. Implementation of new
technologies and operational techniques may enhance safety. Special
permits also reduce the volume and complexity of the HMR by addressing
unique or infrequent transportation situations that would be difficult
to accommodate in regulations intended for use by a wide range of
shippers and carriers.
    PHMSA conducts ongoing reviews of special permits to identify
widely used and longstanding special permits with established safety
records for conversion into regulations of broader applicability.
Converting these special permits into regulations reduces paperwork
burdens and facilitates commerce while maintaining an acceptable level
of safety. Additionally, adoption of special permits as rules of
general applicability provides wider access to the benefits and
regulatory flexibility of the provisions granted in the special
permits. Factors that influence whether or not a specific special
permit is a candidate for regulatory action include: the safety record
for hazardous materials transported or operations conducted under a
special permit; potential broad application of a special permit;
suitability of provisions in the special permit for incorporation into
the HMR; rulemaking activity in related areas; and agency priorities.
    The special permits addressed in this NPRM have hundreds of party
status holders. Party status is granted to a person who intends to
offer for transportation or transport a hazardous material or perform
an activity subject to the HMR in the same manner as the original
applicant.
    The proposed amendments will eliminate the need for approximately
464 current holders to reapply for renewal of 20 special permits. This
will also reduce the burden on PHMSA to process renewal applications.
These proposals will also apply to any special permits this agency
issues during the development of this rulemaking whose provisions are
identical in every respect to those described in the rulemakings issued
under this docket. To emphasize this, we preface the description of the
affected special permits with the wording ``include'' or ``includes''
to clarify that additional special permits issued after the publication
of this NPRM that are identical in every aspect as those specifically
listed in this NPRM may be incorporated under these amendments.
    Incorporation of the special permits into the HMR eliminates
significant paperwork burdens. As a condition of a special permit
issued by PHMSA and depending on the provisions of the special permit,
a copy of each special permit must be: (1) Maintained at each facility
where an operation is conducted or a packaging is manufactured under a
special permit; (2) maintained at each facility where a package is
offered or re-offered for transportation under a special permit; and
(3) in some cases, carried aboard each transport vehicle used to
transport a hazardous material under a special permit.

Competent Authority Approvals

    The HMR also allows for PHMSA to grant approvals to companies or
organizations for the manufacturing of packages in accordance with the
HMR. PHMSA has identified approvals that have an established safety
record to incorporate into the HMR. The approvals PHMSA identified for
conversion into the HMR have an established safety record and warrant
incorporation into regulations of broader applicability. Converting
these approvals into regulations reduces paperwork burdens and
facilitates commerce while maintaining an acceptable level of safety. A
copy of each approval must be maintained at each facility where a
packaging is

manufactured under this approval. The incorporation of component
authority approval eliminates the renewal and maintenance requirements
that were previously required. Additionally, adoption of approvals as
rules of general applicability provides wider access to the benefits
and regulatory flexibility of the provisions granted in the approvals.
Factors that influence whether a specific approval is a candidate for
regulatory action include: the safety record, whether broadly
applicable, related rulemakings, and agency priorities.

III. Overview of Proposed Amendments

    In this NPRM, PHMSA is proposing to revise the HMR by providing:

Special Permits

     DOT-SP 9275--Authorization for the transportation in
commerce of certain limited quantities of liquids and solids containing
ethyl alcohol and exempt these shipments from the provisions of the
HMR.
     DOT-SP 11263--Authorization for the transportation of
Class 9 solid coal pitch compounds in non-specification open-top or
closed-top sift proof metal cans or fiber drums.
     DOT-SP 11836--Authorization for the transportation in
commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do
not meet certain requirements contained in Sec. Sec.  173.24 and
173.24a.
     DOT-SP 13124--Authorizations for the transportation of
ammonia solutions in UN1H1 and UN6HA1 drums by private or contract
carrier.
     DOT-SP 12134--Authorization of exceptions for spent
bleaching earth (Division 4.2 PG III).
     DOT-SP 12825--Authorization for the transportation of
Life-saving appliances, self inflating, that contain non-specification
steel cylinders between a vessel and an authorized facility for
servicing.
     DOT-SP 14479--Authorization for the use of alternative
shipping names and marking requirements for regulated medical wastes.
     Special Permits for Harmonization with the ``FAA
Modernization and Reform Act of 2012''--PHMSA is adding an exception to
the HMR for Oxygen cylinders and other Oxidizing cylinders transported
aboard aircraft within the state of Alaska. This language will make
several existing special permits no longer necessary. This includes the
following special permits: 14903, 14908, 15062, 15075, 15076, 15077,
15078, 15079, 15092, 15094, 15095, and 15143.

Approvals

     CA2005120010--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have basis weights that vary by not more
than plus or minus 5% from the measured basis weight in the initial
design qualification test report.
     CA20060660005--Authorization to manufacture, mark, and
sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall
basis weights that vary by plus or minus 5% from the nominal basis
weights reported in the initial design qualification test report.
     CA2006060006--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard components that have
individual containerboard basis weights that vary by plus or minus 5%
from the nominal basis weight reported in the initial design.
     CA2006010012--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have individual containerboard basis weight
that vary by plus or minus 5% from the nominal basis weight reported in
the initial design qualification test report.

Revision to Approvals Renewals

     PHMSA is proposing to revise this section to allow for
approval holders applying for a timely renewal to continue using their
approval after the expiration date if they apply within 60 days of the
expiration dates.

IV. Summary Review of Amendments

A. Limited Quantities of Liquids and Solids Containing Ethyl Alcohol

    DOT-SP 9275 authorized the transportation in commerce of certain
limited quantities of liquids and solids containing ethyl alcohol and
exempts these shipments from the provisions of HMR. This special permit
has been in effect since at least 1985 and had been utilized by
hundreds of companies. However, on August 18, 2011 PHMSA found that SP
9275 did not provide a level of safety at least equivalent to the HMR
due to the lack of hazard communications markings. PHMSA issued a
revised version of SP 9275 to address the lack of hazard communication
markings on August 18, 2011.
    This rulemaking also will address two petitions for rulemaking
related to SP 9275. A petition from the Association of Hazmat Shippers
(AHS) (P-1574) requests PHMSA to incorporate the provisions of SP 9275.
A petition for rulemaking was also received from the Council on Safe
Transportation of Hazardous Articles (COSTHA) (P-1585) to incorporate
SP 9275. COSTHA and the AHS noted that SP 9275 has been in existence
for 30 years with little evidence of incidents involving the packaging,
shipment, or operations conducted under the SP. Both of these petitions
were supportive of incorporating the provisions of SP 9275 into the
HMR.
    Therefore, PHMSA is proposing to incorporate the terms of SP 9275
as revised on August 18, 2011. PHMSA is proposing to allow certain
limited quantities of ethyl alcohol to be exempted from the applicable
provisions of the HMR provided that the outer packagings are marked
with hazard communication information identifying the company name and
the words ``Contains Ethyl Alcohol.'' PHMSA is proposing to add Sec.
173.151(g) to allow for the shipment of limited quantities of ethyl
alcohol provided they meet the prescribed conditions.

B. Transportation of Solid Coal Tar Pitch Compounds

    DOT-SP 11263 authorizes the transportation of solid coal tar pitch
compounds, Class 9, in open-top and closed-top sift-proof metal cans or
fiber drums. The special permit has been in effect since 1994 and has
been utilized by 5 holders with an acceptable safety performance. In
addition, PHMSA has no reported incidents over the past 10 years
involving this special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 11263 into the
HMR by amending the entry in Sec.  172.101, The Hazardous Materials
Table (HMT), for Environmentally hazardous substances, solids, n.o.s.,
UN 3077, by adding a new Special Provision N91 in Column 7. In
addition, in Sec.  172.102 new Special Provision N91 would be added in
appropriate sequence specifically authorizing the use of a non-DOT
specification sift-proof, non-bulk, metal can with or without lid, or a
non-DOT specification sift-proof, non-bulk fiber drum, with or without
lid. The fiber drum would be required to be fabricated with a three ply
wall, as a minimum. The coal tar pitch compound must remain in a solid
mass during transportation.

C. Transportation of Certain Ammonia Solutions in UN1H1 Drums, UN3H1
Jerricans, and UN6HA1 Composite Packagings

    DOT-SP 11836 authorizes the transportation of specific ammonia
solutions in specification UN1H1

drums, UN3H1 jerricans, and UN6HA1 composite packagings that do not
meet the provisions in Sec. Sec.  173.24 and 173.24a. Specific
operational controls are required in lieu of compliance with these two
requirements. This special permit has been in effect since 1997 and has
been utilized by at least 61 holders with an acceptable safety
performance. In addition, PHMSA has no reported incidents over the past
10 years involving this special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 11836 into the
HMR by amending the entry in the HMT for Ammonia solutions, relative
density between 0.880 and 0.957 at 15 degrees C in water, with more
than 10 percent but not more than 35 percent ammonia, UN 2672, by
adding a new Special Provision 336 in Column 7. In addition, in Sec.
172.102 new Special Provision 336 would be added in appropriate
sequence specifically authorizing the use of DOT UN1H1drums, UN3H1
jerricans, and UN6HA1 composite packagings which meet the requirements
of Part 178 of the HMR at the Packing Group I or II performance level
except that the packagings do not meet the venting requirements in
Sec.  173.24(g) and the hydrostatic pressure test marking specified in
Sec.  173.24a(b)(4). Transportation of these packages would also
require the door of each van trailer to be marked with ``Warning
trailer may contain chemical vapor. Do not enter until vapors have
dissipated.'' The driver of the transport vehicle and the consignee(s)
must be trained not to enter the transport vehicle until the ammonia
vapors have dissipated, and the emergency response paper must indicate
that the vehicle may contain ammonia vapors.

D. Transportation of Spent Bleaching Earth

    DOT-SP 12134 authorizes the transportation of spent bleaching earth
as a Division 4.2, solid, PG III, exempt from the provisions of the
HMR, except as specifically required by the special permit. Packagings
authorized under the special permit are non-specification, sift-proof
dump or hopper type vehicles, and sift-proof roll-on/roll-off bulk
bins. All authorized packaging must be covered by a tarpaulin, metal
cover, or equivalent means during transportation. The special permit
also includes specific operational controls, including: The temperature
of the spent bleaching earth may not exceed 55 [deg]C at the time it is
offered for transportation and any time during transportation; drivers
must be specifically trained in handling and responding to emergency
incidents involving the spent bleaching earth; and transport vehicles
must be marked in accordance with Sec.  172.302(a). This special permit
has been in effect since 1999 and has been utilized by at least 27
holders with an acceptable safety performance. In addition, PHMSA has
no reported incidents over the past 10 years involving this special
permit.
    PHMSA proposes to incorporate the terms of DOT-SP 12134 into the
HMR by amending the entry in the HMT for self-heating solid, organic,
n.o.s. (spent bleaching earth), UN 3088, by adding a new Special
Provision, B116 in Column 7. In addition, in Sec.  172.102 new Special
Provision B116 would be added in appropriate sequence specifically
authorizing the use of non specification, sift-proof dump or hopper
type motor vehicles, and sift-proof roll-on/roll-off bulk bins, which
must be covered by a tarpaulin, metal cover, or equivalent means. The
material would also be subject to operational controls including not
exceeding a temperature of 55 [deg]C (130[emsp14][deg]F) during
transportation, not exceeding a transportation time of 24 hours, and
drivers transporting spent bleaching earth must be trained in the
properties and hazards of the spent bleaching earth and the actions
required to mitigate the self-heating properties of the material that
may occur during the transportation.

E. Requalification of Non-DOT Specification Cylinders in Life-Saving
Appliances

    DOT-SP 12825 authorizes the transportation of life-saving
appliances, self inflating, that contain non-DOT specification steel
cylinders for the purpose of movement between a vessel and a U.S. Coast
Guard approved inflatable life raft servicing facility in conjunction
with the servicing of such life-saving appliances. Specific operational
controls are specified. This special permit has been in effect since
2001 and has been utilized by at least 54 holders with acceptable
safety performance. In addition, PHMSA has no reported incidents since
2001 involving this special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 12825 into the
HMR by revising the entry in the HMT for Life-saving appliances, self
inflating, UN 2990, by adding a new Special Provision 338 in Column 7.
In addition, in Sec.  172.102, new Special Provision 338 would be added
in appropriate sequence requiring that Life-saving appliances, self
inflating, UN 2990 being shipped between a vessel and a U.S. Coast
Guard approved life raft servicing facility only be subject to the
requirements of this special provision. A material meeting the
requirements of the special provision would not otherwise be subject to
the HMR.

F. Use of Regulated Medical Waste Containers Displaying Alternative
Markings

    DOT-SP 14479 authorizes the continued use of regulated medical
waste containers manufactured before October 1, 2006 and marked with an
alternative shipping name for UN 3291 and orientation arrows that
deviate from prescribed specifications. This special permit has been in
effect since 2007 and has been utilized by at least 22 holders. In
addition, PHMSA has no reported incidents since 2007 involving this
special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 14479 into the
HMR by amending the entry in the HMT for Regulated Medical Waste,
n.o.s., UN 3088, by adding a new Special Provision, 337 in Column 7.
Special Provision 337 would allow for the use of regulated waste
containers marked with the alternative shipping name of Regulated
medical waste, UN 3291 and orientation arrows that deviate from the
prescribed specifications in Sec.  172.312(a)(2).

G. Incorporation of Oxygen Generator Special Permits To Harmonize With
FAA Modernization and Reform Act of 2012

    Section 824 of the FAA Modernization and Reform Act of 2012
includes a provision that allows for exceptions for cylinders of
compressed oxygen or other oxidizing gases transported in the State of
Alaska aboard aircraft. By incorporating this statutory exception into
the HMR, PHMSA believes that following special permits will no longer
be necessary: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079,
15092, 15094, 15095, and 15143. These special permits all provided
exceptions for the transportation of Oxygen and other Division 2.2
Oxidizing gases for transportation aboard aircraft in the state of
Alaska. PHSMA proposes to incorporate the terms of these special
permits in Sec.  175.34.

H. Competent Authority CA2005120010 for Approval of Equivalent
Packagings

    This approval authorizes the manufacturing, marking, and selling of
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have basis weights that vary by not more
than plus or minus 5% from the measured basis weight in the initial
design qualification test report. This approval was issued in 2009 and
has demonstrated an

acceptable safety performance. PHMSA has no reported incidents
involving this approval. PHMSA proposes to incorporate the terms of
CA2005120010 into the HMR in Sec.  178.516(b)(7).

I. Competent Authority CA2006060005 for Approval of Equivalent
Packagings

    This approval authorizes the manufacture, mark, and sale of UN5M1
and UN5M2 multi-wall paper bags with individual paper wall basis
weights that vary by not more than plus or minus 5% from the nominal
basis weights reported in the initial design qualification test report.
This approval was issued in 2009 and has demonstrated an acceptable
safety performance. PHMSA has no reported incidents involving this
approval. PHMSA proposes to incorporate the terms of CA2006060005 in
Sec.  178.521(b)(4).

J. Competent Authority CA2006060006 for Approval of Equivalent
Packagings

    This approval authorizes the manufacture, mark, and sale of UN4G
combination packagings with outer fiberboard components that have
individual containerboard basis weights that vary by not more than plus
or minus 5% from the nominal basis weight reported in the initial
design. This approval was issued in 2009 and has demonstrated an
acceptable safety performance. PHMSA has no reported incidents
involving this approval. PHMSA proposes to incorporate the terms of
CA2006060006 in Sec.  178.516(b)(7).

K. Competent Authority CA2006010012 for Approval of Equivalent
Packagings

    This competent authority authorizes the manufacture, mark, and sale
of UN4G combination packagings with outer fiberboard boxes and with
inner fiberboard components that have individual containerboard basis
weight that vary by not more than plus or minus 5% from the nominal
basis weight reported in the initial design qualification test report.
This approval was issued in 2006 and has demonstrated an acceptable
safety performance. PHMSA has no reported incidents involving this
approval. PHMSA proposes to incorporate the terms of CA2006010012 in
Sec.  178.516(b)(7).

L. Revision of Sec.  107.709 for Renewing Approvals

    PHMSA is proposing to revise this section to allow approval holders
applying for a renewal to continue using their approval after the
expiration date if they apply at least 60 days before the expiration
date. PHMSA received a petition (P-1571) from Lawrence Bierlein that
requested this change. This petition was accepted and HMR language is
being proposed.

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of 49 U.S.C. 5103(b)
which authorizes the Secretary to prescribe regulations for the safe
transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the
Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. The proposed rule would amend the
regulations by incorporating provisions from certain widely used and
longstanding special permits that have established a history of safety
and which may, therefore, be converted into the regulations for general
use.

B. Executive Order 12866, 13563, and DOT Regulatory Policies and
Procedures

    This proposed rule is considered a non-significant regulatory
action under section 3(f) and was reviewed by the Office of Management
and Budget (OMB). The proposed rule is considered a non-significant
rule under the Regulatory Policies and Procedures order issued by the
Department of Transportation [44 FR 11034]. Executive Order 13563 is
supplemental to and reaffirms the principles, structures, and
definitions governing regulatory review that were established in
Executive Order 12866 Regulatory Planning and Review of September 30,
1993. By building off of each other, these two Executive Orders 12866
and 13563 require agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.''
    In this notice, PHMSA proposes to amend the HMR to incorporate
alternatives this agency has permitted under widely used and
longstanding special permits and approvals with established safety
records that we have determined meet the safety criteria for inclusion
in the HMR. Incorporation of these special permits and approvals into
regulations of general applicability will provide shippers and carriers
with additional flexibility to comply with established safety
requirements, thereby reducing transportation costs and increasing
productivity. In addition, the proposed rule would reduce the paperwork
burden on industry and this agency resulting from putting an end to the
need for renewal applications for special permits. Taken together, the
provisions of this proposed rule would promote the continued safe
transportation of hazardous materials while reducing transportation
costs for the industry and administrative costs for the agency.
    The impact of this proposed rule is presumed to be minor as no new
costs will be imposed upon any stakeholders and those that currently
hold special permits and CAs will find some relief from regulatory
review for current practices. This proposed rule would make provisions
that are currently approved in certain special permits available to all
businesses operating in the U.S. without needing to submit party-to
special permit applications to PHMSA, and current permit holders will
no longer need renewals. Over the past decade, approximately 464
companies have applied for and/or renewed the special permits included
in this proposal. Many of these special permits have had positive
economic impacts by allowing companies to be excepted from requirements
in the HMR when shipping certain quantities/types of materials or by
allowing the use of less expensive non-specification packages when
certain provisions are met. It is difficult to quantify the savings
these special permits have allowed, but it should be noted that these
savings would be extended to other firms that would make use of the
provisions once adopted into regulations. PHMSA calculates that this
rulemaking would result in a paperwork reduction that, on average,
saves each applicant $39.50. PHMSA estimates that over a 10-year period
there will be an estimated benefit total totaling $18,328 affecting
approximately 140 entities. In accordance with the Federal hazardous
materials law (49 U.S.C. 5101 et seq.), initial issuances of special
permits are for two years and can be renewed for four years thereafter.
Thus, over 10 years, a special permit would on average be renewed twice
for a total benefit of between $43,000 and $47,000. These figures are
discounted annually by 3 and 7 percent to reflect the time value of
money.
    This Notice also proposes to incorporate four approvals into the
HMR. This would allow manufacturers

of affected hazardous materials packaging to continue manufacturing
packages without the need to renew their approvals. Incorporation of
the four approvals would result in a one-time total economic benefit of
$158. The renewal cycle for approvals can vary based on the applicant
needs and regulatory authority, but are typically renewed every five
years. At both 3 and 7 percent annual discount, this yields over $270
in benefits. Total benefits represent a small but positive sum (between
$46,000 and $52,000) over 10 years affecting approximately 140
entities.

C. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt state, local and Indian tribe requirements
but does not propose any regulation that has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C. 5125(b)) preempting state, local and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
    (5) The designing, manufacturing, fabricating, inspecting, marking,
maintaining, reconditioning, repairing, or testing a package, container
or packaging component that is represented, marked, certified, or sold
as qualified for use in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (2), (3), and
(5) and would preempt any State, local, or Indian tribe requirements
not meeting the ``substantively the same'' standard. Federal hazardous
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if
PHMSA issues a regulation concerning any of the covered subjects, PHMSA
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. PHMSA proposes the effective
date of federal preemption will be 90 days from publication of the
final rule in this matter in the Federal Register.

D. Executive Order 13175

    This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule incorporates into the HMR certain widely used special
permits. Incorporation of these special permits into regulations of
general applicability will provide shippers and carriers with
additional flexibility to comply with established safety requirements,
thereby reducing transportation costs and increasing productivity.
Entities affected by the proposed rule conceivably include all
persons--shippers, carriers, and others--who offer and/or transport in
commerce hazardous materials. The specific focus of the rule is on the
incorporation of special permits into the HMR. In a review of the
companies using the identified special permits, PHMSA identified a
combination of small and large businesses that would be affected
positively by this rulemaking. For example, the proposed rulemaking
excepts certain shipments from the specific documentation requirements
of the HMR; these exceptions will increase shipping options and reduce
shipment costs. Overall, this proposed rule should reduce the
compliance burden on the regulated industries, such as small businesses
that dispose of medical waste, transporters of limited quantities of
ethyl alcohol, and airlines transporting oxygen generators, without
compromising transportation safety and should provide a slight positive
economic benefit (i.e., reduced compliance burden) for those small
entities. Therefore, we certify that this proposed rulemaking will not
have a significant economic impact on a substantial number of small
entities. For example, special permit 9275 will no longer require
businesses to apply for a special permit in order to ship common retail
items such as cosmetics that would normally be shipped as a class 3
material.
    This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA has an approved information collection under OMB Control
Number 2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements.'' This NPRM may result in a decrease in the annual burden
and costs under this information collection due to proposed changes to
incorporate provisions contained in certain widely used or longstanding
special permits that have an established safety record.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This proposed rule identifies a revised information collection
request that PHMSA will submit to OMB for approval based on the
requirements in this proposed rule. PHMSA has developed burden
estimates to reflect changes in this proposed rule. PHMSA estimates
that the information collection and recordkeeping burden of this
proposed rule is as follows:
    OMB Control No. 2137-0051:
    Net Decrease in Annual Number of Respondents: 434.
    Net Decrease in Annual Responses: 434.
    Net Decrease in Annual Burden Hours: 434.
    Net Decrease in Annual Burden Costs: $17,143.

    PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this proposed rule.
    Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001,
Telephone<PHONE_NUMBER>.
    Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number<PHONE_NUMBER>.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
requires federal agencies to conduct an environmental review
considering (1) the need for the proposed action (2) alternatives to
the proposed action (3) probable environmental impacts of the proposed
action and alternatives and (4) the agencies and persons consulted
during the consideration process. 40 CFR 1508.9(b).
The Need for the Proposed Action
    This Notice proposes to allow transportation of the following
hazardous materials and packages in ways that vary from certain other
provisions in the HMR: UN 3291 medical waste, non-DOT specification
steel cylinders for use in life-saving appliances, limited quantities
of liquids and solids containing ethyl alcohol, UN3077 coal tar pitch
compounds, UN 3088 spent bleaching earth, UN 2672 ammonia solutions,
and compressed gases with a subsidiary hazard of 5.1. These hazardous
materials are capable of affecting human health and the environment if
a release were to occur. However, incorporation of these special
permits maintains an equivalent level of safety as provided in the
special permits. These special permits have a long history of
transporting the above mentioned hazardous materials safely and without
any effects on the environment. Therefore, we do not anticipate any
significant positive or negative impacts on the environment by
incorporating these special permits into the HMR.
    The need for hazardous materials to support essential services
means transportation of highly hazardous materials is unavoidable.
However, these shipments frequently move through densely populated or
environmentally sensitive areas where the consequences of an incident
could be loss of life, serious injury, or significant environmental
damage. The ecosystems that also could be affected by a hazardous
materials release during transportation include atmospheric, aquatic,
terrestrial, and vegetal resources (for example, wildlife habitats).
The adverse environmental impacts associated with releases of most
hazardous materials are short-term impacts that can be greatly reduced
or eliminated through prompt clean-up of the incident scene.
    In all modes of transport, the potential for environmental damage
or contamination exists when packages of hazardous materials are
involved in transportation incidents. The special permits and approvals
being proposed for incorporating into the HMR have consistently
demonstrated a long history of safe use. In its review of these special
permits and approval, PHMSA did not identify any incidents that had a
significant effect on the environment.
Alternatives to the Proposed Action
    The purpose and need of this rulemaking is to incorporate widely
used special permits or those with an established safety record into
the HMR for universal use. More information about benefits of this
final rulemaking action can be found in the preamble (i.e., ``Overview
of Proposed Amendments) to this rulemaking. The alternatives considered
in the analysis include (1) the proposed action, that is, incorporation
of the proposed special permits as amendments to the HMR; (2)
incorporation of some subset of the proposed special permits (i.e.,
only some of the proposed special permits) as amendments to the HMR;
and (3) the ``no action'' alternative, meaning that none of the
proposed special permits would be incorporated into the HMR.
Analysis of the Alternatives
(1) Incorporate All Special Permits
    There are no significant environmental impacts associated with the
proposals in this NPRM. We are proposing clarifications and changes to
certain HMR requirements to include methods for packaging, describing,
and transporting hazardous materials that are currently permitted under
widely used special permits with established safety records for
inclusion in the HMR. The process through which safety permits are
issued requires the applicant to demonstrate that the alternative
transportation method or packaging proposed provides an equivalent
level of safety as that provided in the HMR. Implicit in this process
is that the special permit must provide an equivalent level of
environmental protection as that provided in the HMR. Thus,
incorporation of the special permits as regulations of general
applicability maintain the existing environmental protections built
into the HMR.
(2) Incorporation of a Subset of Special Permits
    Same as alternative 1.
(3) No Action
    If no action is taken then Special Permits will continue to be
issued resulting in no change to the current potential affects to the
environment.
Comments From Agencies and Public
    PHMSA solicits comments about potential environmental impacts
associated with this rulemaking from other agencies, stakeholders, and
citizens.

J. 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 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the proposed rule to ensure that it does not
cause unnecessary obstacles to foreign trade. Accordingly, this
rulemaking is consistent with E.O. 13609 and PHMSA's obligations.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.

49 CFR Part 175

    Hazardous materials transportation, Air carriers, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, we are proposing to amend 49 CFR
chapter I as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 continues to read as
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
    2. In Sec.  107.709, paragraph (g) is added to read as follows:

Sec.  107.709  Processing of an application for approval, including an
application for renewal or modification.

* * * * *
    (g) If, at least 60 days before an existing approval expires the
holder files an application for renewal that is complete and conforms
to the requirements of this section, the approval will not expire until
final administrative action on the application for renewal has been
taken.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

    3. The authority citation for part 172 continues to read as
follows:

    Authority:  49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.

    4. In Sec.  172.101, in the Hazardous Materials Table, the
following entries are revised:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Hazardous                                                                                (8) Packaging (Sec.   173.***)           (9) Quantity limitations (see       (10) Vessel stowage
            materials                                                                            Special      ------------------------------------------------     Sec.  Sec.   173.27 and    -----------------------------
Symbols   descriptions    Hazard class or   Identification        PG          Label Codes    provisions (Sec.                                                 -------------175.75)------------
           and proper         division           Nos.                                            172.102)         Exception       Non-bulk          Bulk          Passenger    Cargo aircraft     Location        Other
         shipping names                                                                                aircraft/rail       only
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)      (2)...........  (3)..............           (4)    (5)...........  (6)...........  (7)..............  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A)........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Ammonia         8................        UN2672    III...........  8.............  336, IB3, IP8,     154...........  203...........  241...........  5L............  60L...........  A............  40, 52, 85
          solutions,                                                                         T7, TP1.
          relative
          density
          between 0.880
          and 0.957 at
          15 degrees C
          in water,
          with more
          than 10
          percent but
          not more than
          35 percent
          ammonia.

                                                                                * * * * * * *
         Environmentall  9................        UN3077    III...........  9.............  8, 146, A11, B54,  155...........  213...........  240...........  No Limit......  No Limit......  A............  .............
          y hazardous                                                                        IB8, IP3, N20,
          substances,                                                                        T1, TP33, N91.
          solid, n.o.s..

                                                                                * * * * * * *
         Life-saving     9................        UN2990    ..............  None..........  338..............  None..........  219...........  None..........  No limit......  No limit......  A............  .............
          appliances,
          self
          inflating.

                                                                                * * * * * * *
         Regulated       6.2..............        UN3291    II............  6.2...........  41, A13, 337.....  134...........  197...........  197...........  No limit......  No limit......  B............  40
          medical
          waste, n.o.s.
          or Clinical
          waste,
          unspecified,
          n.o.s. or
          (BIO) Medical
          waste,
          n.o.s., or
          Biomedical
          waste, n.o.s.
          or Medical
          waste, n.o.s..

                                                                                * * * * * * *
         Self-heating    4.2..............        UN3088    III...........  4.2...........  IB6, IP2, B116,    None..........  212...........  241...........  15kg..........  50kg..........  C............  .............
          solid,                                                                             N91, T3, TP33.
          organic,
          n.o.s..

                                                                                * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    5. In Sec.  172.102:
    a. In paragraph (c)(1), special provisions 336, 337, and 338 are
added;
    b. In paragraph (c)(3), special provision B116 is added; and
    c. In paragraph (c)(5), special provision N91 is added.
    The additions read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    336 The use of UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite
packagings which meet the requirements of Part 178 of the HMR at the
Packing Group I or II performance level except that the packagings are
not required to meet the venting requirements in Sec.  173.24(g) and
the hydrostatic pressure test marking specified in Sec.  173.24a(b)(4)
is required. Shipment of packages under this special provision must be
made by private or contract motor carrier. Transportation of these
packages also requires the door of each van trailer to be marked with
``Warning trailer may contain chemical vapor. Do not enter until vapors
have dissipated.'' The driver of the transport vehicle and the
consignee(s) must be trained not to enter the transport vehicle until
the ammonia vapors have dissipated, and the emergency response paper
must indicate that the vehicle contains ammonia vapors. Transport
vehicles must be vented to prevent accumulation of vapors at a
poisonous or flammable concentration.
    337 Authorizes the use of regulated waste containers marked with
the alternative shipping name of Regulated medical waste, UN3291 and
orientation arrows that deviate from the prescribed specifications in
Sec.  172.312(a)(2).
    338 Life Saving appliances, self inflating, transported between a
U.S. Coast Guard approved inflatable life raft servicing facility and a
vessel are only subject to the following requirements:
    a. Prior to repacking into the life-saving appliance, an installed
inflation cylinder must successfully meet and pass all inspection and
test criteria and standards of the raft manufacturer and the vessel
Flag State requirements for cylinders installed as part of life-saving
appliances, self inflation (UN2990) used on marine vessels.
Additionally each cylinder must be visually inspected in accordance
with CGA pamphlet, CGA C-6. A current copy of CGA pamphlet, CGA C-6
must be available at the facility servicing the life-saving appliance.
    b. An installed inflation cylinder that requires recharging must be
filled in accordance with Sec.  173.301(l).
    c. Every installed inflation cylinder, as associated equipment of
the life-saving appliance, must be packed within the protective
packaging of the life raft and the life raft itself must otherwise be
in compliance with Sec.  173.219.
    d. The serial number for each cylinder must be recorded as part of
the life-saving appliance service record by the U.S. Coast Guard-
approved servicing facility.
* * * * *
    (3) * * *
    B116 The use of non specification, sift-proof dump or hopper type
vehicles, and sift-proof roll-on/roll-off bulk bins, which must be
covered by a tarpaulin, metal cover, or equivalent means is authorized
for the transportation of spent bleaching earth by motor vehicle. The
material is also subject to operational controls which include not
exceeding a temperature of 55 [deg]C (130 [deg]F) at the time it is
offered or during transportation, not exceeding a transportation time
of 24 hours, and drivers transporting spent bleaching earth must be
trained in the properties and hazards of the spent bleaching earth.
* * * * *
    (5) * * *
    N91 The use of a non specification sift-proof, non-bulk, metal can
with or without lid, or a non specification sift-proof, non-bulk fiber
drum, with or without lid is authorized when transporting coal tar
pitch compounds by motor vehicle or rail freight. The fiber drum must
to be fabricated with a three ply wall, as a minimum. The coal tar
pitch compound must be in a solid mass during transportation.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

    6. The authority citation for part 173 continues to read as
follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    7. In Sec.  173.151, paragraph (g) is added to read as follows.

Sec.  173.150  Exceptions for Class 3 (flammable and combustible
liquids).

* * * * *
    (g) Limited quantities of ethyl alcohol. (1) Consumer products
containing not more than 70% ethyl alcohol are excepted from the HMR
provided that:
    (i) For non-glass inner packagings the volume cannot exceed 1
gallon in capacity;
    (ii) For glass inner packagings the volume cannot exceed 16 ounces
in capacity;
    (iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces. The net solid contents
of all inner packagings in any single outer packaging may not exceed 32
pounds. The gross weight of any single outer package shipped may not
exceed 65 pounds; and
    (iv) Packages must be marked with the company name and the words
``Contains Ethyl Alcohol'';
    (2) Consumer products containing more than 70% ethyl alcohol are
excepted from the HMR provided that:
    (i) For inner packagings the volume cannot exceed 8 fluid ounces in
capacity;
    (ii) Solids are not packed in inner packagings exceeding \1/2\
pound in weight;
    (iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces. The net solid contents
of all inner packagings in any single outer packaging may not exceed 32
pounds. The gross weight of any single outer package shipped may not
exceed 65 pounds; and
    (iv) Packages must be marked with the company name and the words
``Contains Ethyl Alcohol'';
    (3) For transportation by passenger or cargo aircraft, no outer
package may be transported which contains an inner packaging exceeding:
    (i) 16 fluid ounces of flammable liquid, or
    (ii) 1 pound of solids containing flammable liquid.

PART 175--CARRIAGE BY AIRCRAFT

    8. The authority citation for part 175 continues to read as
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.

    9. Add Sec.  175.34 to read as follows:

Sec.  175.34  Exceptions for cylinders of compressed oxygen or other
oxidizing gases transported within the State of Alaska.

    (a) When transported in the State of Alaska, cylinders of
compressed oxygen or other oxidizing gases aboard aircraft are excepted
from all the requirements of Sec.  173.302(f)(3) through (5) and Sec.
173.304(f)(3) through (5) of this subchapter subject to the following
conditions:
    (1) Transportation of the cylinders by a ground-based or water-
based mode of

transportation is unavailable and transportation by aircraft is the
only practical means for transporting the cylinders to their
destination;
    (2) Each cylinder is fully covered with a fire or flame resistant
blanket that is secured in place; and
    (3) The operator of the aircraft complies with the applicable
notification procedures under Sec.  175.33.
    (b) Aircraft restrictions: This exception only applies to the
following types of aircraft:
    (1) Cargo-only aircraft transporting the cylinders to a delivery
destination that receives cargo-only service at least once a week.
    (2) Passenger and cargo-only aircraft transporting the cylinders to
a delivery destination that does not receive cargo only service once a
week.

PART 178--SPECIFICATIONS FOR PACKAGINGS

    10. The authority citation for part 178 continues to read as
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    11. In Sec.  178.516, add paragraph (b)(7) to read as follows:

Sec.  178.516  Standards for fiberboard boxes.

* * * * *
    (b) * * *
    (7) Authorization to manufacture, mark, and sell UN4G combination
packagings with outer fiberboard boxes and with inner fiberboard
components that have individual containerboard or paper wall basis
weights that vary by not more than plus or minus 5% from the nominal
basis weight reported in the initial design qualification test report.
    12. In Sec.  178.521, add paragraph (b)(4) to read as follows:

Sec.  178.521  Standards for paper bags.

* * * * *
    (b) * * *
    (4) UN5M1 and UN5M2 multi wall paper bags that have paper wall
basis weights that vary by not more than plus or minus 5% from the
nominal basis weight reported in the initial design qualification test
report.

Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012-25853 Filed 10-19-12; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]
[Page 70339-70340]
[DOCID:fr20no08-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[IC09-598-000, FERC-598]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

November 14, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission) is soliciting public comment on the
specific aspects of the information collection described below.

DATES: Comments on the information collection are due by January 22,
2009.

ADDRESSES: An example of this information collection may be obtained
from the Commission's Web site (http://www.ferc.gov/docs-filings/
elibrary.asp) under the ``EG'' or ``FC'' docket prefix heading.
Comments may be filed either electronically or in paper format. Those
parties filing electronically do not need to make a paper filing. For a
paper filing an original and 14 copies of such comments should be
submitted to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, and both the
electronic and paper filings should refer to Docket No. IC09-598-000.
    Documents filed electronically via the Internet must be prepared in
an acceptable filing format and in compliance with the Commission's
submission guidelines. Complete filing instructions and acceptable
filing formats are available at http://www.ferc.gov/help/submission-
guide.asp. To file the document, access the Commission's Web site at
http://www.ferc.gov, choose the Documents & Filings tab, click on E-
Filing (http://www:ferc.gov/docs-filing/efiling.asp), and then follow
the instructions for each screen. First time users will have to
establish a user name and password (http://www.ferc.gov/docs-filing/
eregistration.asp). The Commission will send an automatic
acknowledgement to the sender's e-mail address upon receipt of
comments.
    All comments may be viewed, printed or downloaded remotely via the
Internet through the Commission's homepage using the eLibrary link. For
user assistance, contact FERC Online Support (e-mail
<EMAIL_ADDRESS>or call toll free at<PHONE_NUMBER> or for
TTY, contact<PHONE_NUMBER>. In addition, users interested in tracking
the docket activity, may do so through eSubscription (http://
www.ferc.gov/docs-filing/esubscription.asp).

FOR FURTHER INFORMATION CONTACT: Michael Miller, Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426. He may
be reached by telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>,
and by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-598 ``Self Certification for Entities Seeking
Exempt Wholesale Generator or Foreign Utility Company Status'' (OMB
Control No. 1902-0166) is used by the Commission to implement the
statutory provisions of Title XII, subchapter F of the Energy Policy
Act of 2005 (EPAct 2005).\1\
---------------------------------------------------------------------------

    \1\ Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594
(2005) (codified at 42 U.S.C. 16451, et seq.).
---------------------------------------------------------------------------

    EPAct 2005 repealed the Public Utility Holding Company Act of 1935
(PUHCA 1935) in its entirety, including section 32, which provided for
the Commission to exempt wholesale generators from PUHCA 1935 on a
case-by-case basis, upon application.

Following the repeal of PUHCA 1935 and the enactment of PUHCA 2005, in
Order No. 667 \2\ the Commission amended its regulations to add
procedures for self-certification by entities seeking exempt wholesale
generator (EWG) and foreign utility company (FUCO) status. This self-
certification is similar to the process available to entities that seek
qualifying facility status.
---------------------------------------------------------------------------

    \2\ Repeal of the Public Utility Holding Company Act of 1935 and
Enactment of the Public Utility Holding Company Act of 2005, 70 FR
75,592 (2005), FERC Statutes and Regulations ] 31,197 (2005), order
on reh'g, 71 FR 28,446 (2006), FERC Statutes and Regulations ]
31,213 (2006), order on reh'g, 71 FR 42,750 (2006), FERC Statutes
and Regulations ] 31,224 (2006), order on reh'g, FERC ] 61,133
(2007).
---------------------------------------------------------------------------

    An EWG is a ``person engaged directly or indirectly through one or
more affiliates, and exclusively in the business of owning or
operating, or both owning and operating, all or part of one or more
eligible facilities and selling electric energy at wholesale.'' \3\ A
FUCO is a company that ``owns or operates facilities that are not
located in any state and that are used for the generation,
transmission, or distribution of electric energy for sale or the
distribution at retail of natural or manufactured gas for heat, light,
or power, if such company: (1) Derives no part of its income, directly
or indirectly, from the generation, transmission, or distribution of
electric energy for sale or the distribution at retail of natural or
manufactured gas for heat, light, or power, within the United States;
and (2) neither the company nor any of its subsidiary companies is a
public-utility company operating in the United States''.\4\
---------------------------------------------------------------------------

    \3\ 18 CFR 366.1.
    \4\ 18 CFR 366.1.
---------------------------------------------------------------------------

    An exempt EWG or FUCO or its representative may file with the
Commission a notice of self certification demonstrating that it
satisfies the definition of exempt wholesale generator or foreign
utility company. In the case of EWGs, the person filing a notice of
self certification must also file a copy of the notice of self
certification with the state regulatory authority of the state in which
the facility is located and that person must also represent to the
Commission in its submission that it has filed a copy of the notice
with the appropriate state regulatory authority.\5\
---------------------------------------------------------------------------

    \5\ 18 CFR 366.7.
---------------------------------------------------------------------------

    A submission of the information is necessary for the Commission to
carry out its responsibilities under EPAct 2005.\6\ The Commission
implements its responsibilities through the Code of Federal Regulations
18 CFR Part 366. These filing requirements are mandatory.
---------------------------------------------------------------------------

    \6\ 42 U.S.C. 16451 et seq.
---------------------------------------------------------------------------

    Action: The Commission is requesting a three-year extension of the
current expiration date without any changes to the reporting
requirements.
    Burden Statement: Public reporting burden for this collection is
estimated as:

----------------------------------------------------------------------------------------------------------------
                                                                  Number of      Average burden
                Number of respondents annually                  responses per      hours per       Total annual
                                                                  respondent        response       burden hours
(1)                                                                       (2)              (3)      (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
199..........................................................               1                6            1,194
----------------------------------------------------------------------------------------------------------------

    The estimated total cost to respondents is $72,549 [1,194 hours /
2080 \7\ hours per year x $126,384 \8\ per year = $72,549]. The cost
per respondent is equal to $364.
---------------------------------------------------------------------------

    \7\ Number of hours an employee works per year.
    \8\ Average annual salary per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) training personnel to respond
to an information collection; (4) searching data sources; (5) preparing
and reviewing the information collection; and (6) transmitting or
otherwise disclosing the information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect or
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.

Kimberly Bose,
Secretary.
[FR Doc. E8-27563 Filed 11-19-08; 8:45 am]

BILLING CODE 6717-01-P


General Comment
UAC R311-204-2(h): says that the DERR director will be notified of closure activities at least 72 hours before the start of closing activities. I feel like this is an inadequate amount of time to create a proper plan for dealing with closures. I think that the State of Utah should revisit this particular provision to extend the warning time to a week, or 120 hours. Thank You for your consideration.
Response to General Comment
Requirements for approval of state underground storage tank (UST) programs are provided in 40 CFR 281. The specific federal requirements for owner or operator UST closure notification are found in 40 CFR 281.36(4)(b). This federal regulation requires that the owner or operator notify the state of permanent closure and does not specify a time frame for this notification. Requiring closure notification to the Division of Environmental Remediation and Response (DERR) Director 72 hours before the start of closing activities as required by Utah Administrative Code R311-204-2(h) is equivalent to, consistent with and no less stringent than 40 CFR 281. As this comment requests that the State of Utah consider extending the time frame for UST closure notification, the comment has been provided to the Utah Department of Environmental Quality for their consideration. As no address or contact information was provided, EPA cannot provide this response directly to the commenter. EPA has determined that this comment is not adverse and does not oppose approval of the Utah Final Approval of State Underground Storage Tank Program Revisions, Codification and Incorporation by Reference (EPA-R08-UST-2018-0169). Therefore the Final Rule becomes effective on January 4, 2019.


[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58052-58053]
[FR Doc No: 2012-23051]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1007; Directorate Identifier 2012-CE-031-AD]
RIN 2120-AA64

Airworthiness Directives; GA 8 Airvan (Pty) Ltd Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for GA
8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes. This proposed AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as burnt electrical connectors leading to the
left-hand wingtip pitot heater, which may result in loss of air speed
indication. We are issuing this proposed AD to require actions to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 5,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Gippsland Aeronautics, Attn: Technical Services, P.O. Box 881, Morwell
Victoria 3840, Australia; telephone: + 61 03 5172 1200; fax: +61 03
5172 1201; Internet: http://www.gippsaero.com/customer-support/technical-publications.aspx. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1007;
Directorate Identifier 2012-CE-031-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Civil Aviation Safety Authority (CASA), which is the aviation
authority for Australia, has issued AD/GA8/6, dated August 6, 2012
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    CASA has received a number of Service Difficulty Reports
regarding the pitot probe heater connector. The loss of pitot heat
in Instrument Meteorological Condition (IMC) may lead to the loss of
airspeed indication. This may lead to the loss of control of the
aeroplane. Remedial action is to replace the connector with a
terminal block.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    GippsAero has issued Mandatory Service Bulletin SB-GA8-2012-77,
Issue 3, dated March 23, 2012. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 29 products of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $100 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $12,760, or $440 per product.
    According to the manufacturer, all of the costs of this proposed 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

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

GA 8 Airvan (Pty) Ltd: Docket No. FAA-2012-1007; Directorate
Identifier 2012-CE-031-AD.

(a) Comments Due Date

    We must receive comments by November 5, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to GA 8 Airvan (Pty) Ltd Models GA8 and GA8-
TC320 airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 30, Ice and Rain
Protection.

(e) Reason

    This AD was prompted by burnt electrical connectors leading to
the left-hand wingtip pitot heater, which may result in loss of air
speed indication. We are issuing this proposed AD to modify the
pitot heat wiring on the left-hand wingtip with a terminal block to
prevent loss of heating to the pitot system, which could result in
loss of air speed indication.

 (f) Actions and Compliance

    Unless already done, within the next 100 hours time-in-service
or at the next annual inspection, whichever occurs later, modify the
pitot heat wiring connector at the left wingtip, following GippsAero
Mandatory Service Bulletin SB-GA8-2012-77, Issue 3, dated March 23,
2012.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI Civil Aviation Safety Authority AD/GA8/6, dated
August 6, 2012; and GippsAero Mandatory Service Bulletin SB-GA8-
2012-77, Issue 3, dated March 23, 2012, for related information. For
service information related to this AD, contact Gippsland
Aeronautics, Attn: Technical Services, P.O. Box 881, Morwell
Victoria 3840, Australia; telephone: + 61 03 5172 1200; fax: +61 03
5172 1201; Internet: http://www.gippsaero.com/customer-support/technical-publications.aspx. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on September 12, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-23051 Filed 9-18-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Page 39274]
[FR Doc No: 2023-12996]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 88 FR 38117, June
12, 2023.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, June 15,
2023 at 10:00 a.m.

CHANGES IN THE MEETING: The Closed Meeting scheduled for Thursday, June
15, 2023 at 10:00 a.m. has been changed to Thursday, June 15, 2023 at
9:15 a.m.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

(Authority: 5 U.S.C. 552b.)

    Dated: June 13, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-12996 Filed 6-13-23; 4:15 pm]
BILLING CODE 8011-01-P