[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80764-80771]
[FR Doc No: 2023-25566]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-0009]

NASA Neutral Buoyancy Laboratory Operations Contract; Application
for Permanent Variance and Interim Order; Grant of Interim Order;
Request for Comments

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of NASA's

Neutral Buoyancy Laboratory Operations Contract (NOC or ``the
applicants'') for a permanent variance and interim order from a
provision of the OSHA standard that regulates commercial diving
operations, presents the agency's preliminary finding on NOC's
application, and announces the granting of an interim order. NOC is a
team of contractors consisting of Vertex TTS, Oceaneering International
Inc. (Oll), Bastion Technologies Inc., Rothe Enterprises, Rothe
Development, International Preparedness Associates Inc. (IPA), MRI, and
EPro. NOC's variance request is based on the conditions specified in
the alternate standard that OSHA granted to the National Aeronautics
and Space Administration (NASA) on June 30, 2021. OSHA invites the
public to submit comments on the variance application to assist the
agency in determining whether to grant the applicants a permanent
variance based on the conditions specified in this notice.

DATES: Submit comments, information, documents in response to this
notice, and request for a hearing on or before December 20, 2023. The
interim order specified by this notice becomes effective on November
20, 2023 and shall remain in effect until it is modified or revoked, or
until OSHA publishes a decision on the permanent variance application,
whichever occurs first.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2023-0009). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to public, or
submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket
(including this Federal Register notice) are listed in the https://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through the
website. All submissions, including copyrighted material, are available
for inspection at the OSHA Docket Office. Contact the OSHA Docket
Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER> for assistance in locating
docket submission.
    Extension of comment period: Submit requests for an extension of
the comment period on or before December 20, 2023 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2300; email: [email protected].
    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's web page at https://www.osha.gov.
    Hearing Requests: According to 29 CFR 1905.15, hearing requests
must include: (1) a short and plain statement detailing how the
proposed variance would affect the requesting party; (2) a
specification of any statement or representation in the variance
application that the commenter denies, and a concise summary of the
evidence offered in support of each denial; and (3) any views or
arguments on any issue of fact or law presented in the variance
application.

SUPPLEMENTARY INFORMATION:

I. Notice of Application

    OSHA's standard in subpart T of 29 CFR part1910 governs commercial
diving operations. On April 6, 2022, the eight companies comprising
NASA's Neutral Buoyancy Laboratory Operations Contract (collectively
NOC or the applicants) submitted an application for a permanent
variance under Section 6(d) of the Occupational Safety and Health Act
of 1970 (OSH Act; 29 U.S.C. 655) and 29 CFR 1905.11 (Variances and
other relief under section 6(d)), from a provision of OSHA's commercial
diving operations (CDO) standard that regulates the use of
decompression chambers (Docket No. OSHA-2023-0009-0001). NOC's
application also requested an interim order pending OSHA's decision on
the variance application. NOC is located at 13000 Space Center
Boulevard, Houston, Texas, 77059.
    Specifically, NOC seeks a permanent variance and interim order from
the provision of OSHA's CDO standard at 29 CFR 1910.423(b)(2) that
requires the employer to instruct divers engaged in commercial diving
operations to remain awake and in the vicinity of the decompression
chamber at the dive location for at least one hour after the dive
(including decompression or treatment as appropriate) for any dive
outside the no-decompression limits, deeper than 100 feet of sea water
(fsw), or using mixed gas as a breathing mixture.
    NOC is a team of contractors for the NASA, a federal government
agency that is responsible for science and technology related to air
and space. NOC is comprised of prime contractor Vertex TTS and sub-
contractors Oceaneering International Inc. (Oll), Bastion Technologies
Inc., Rothe Enterprises, Rothe Development, International Preparedness
Associates Inc. (IPA), MRI and EPro; a group of companies working at
NASA's Neutral Buoyancy Laboratory, within the NASA Space Center in
Houston, Texas. On June 30, 2021, OSHA granted NASA an alternate
standard \1\ regulating its use of decompression chambers during diving
operations at NASA's National Buoyancy Laboratory (NBL) (Docket No.
OSHA-2023-0009-0002), OSHA's Comments and Decisions to NASA's Request
for an Alternate Standard on Diving (NASA Alternate Diving Standard).
To account for technological advances in the use of elevated oxygen
levels in nitrox breathing-gas mixtures and the use of the equivalent-
air-depth (EAD) formula (see OSHA's 2004 Final Rule amending 29 CFR
part 1910, subpart T, appendix C (69 FR 7351, 7356)), the NASA
alternate standard provides NASA with modified

requirements regarding the use of decompression chambers, including
requiring the diver to remain awake and in the vicinity of the
decompression chamber at the dive location for at least 10 minutes
after the dive.
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    \1\ Federal agency heads may seek and obtain approval for
alternate standards from OSHA pursuant to 29 CFR 1960.17. An
alternate standard may only be approved upon a showing that the
alternate standard will provide equivalent or greater protection for
the affected employees than compliance with the OSHA standard.
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    NOC's divers conduct diving operations for NASA at the NBL facility
in Houston, Texas. NASA requires all divers to follow all of their
internal requirements, including the NBL Diving Program and the NASA
alternate standard, which only covers NASA employees. To permit NOC's
divers to dive under the same standards as their NASA-employed
colleagues, NOC seeks the interim order and permanent variance from 29
CFR 1910.423(b)(2) based on the same conditions that apply to NASA
divers under the NASA alternate standard.
    NOC contends that the proposed variance conditions outlined in
their application provide NOC's workers with a place of employment that
is at least as safe and healthful as they would obtain under the
existing provisions of OSHA's CDO standard. NOC also certified that it
is not contesting any citations involving the standards that are the
subject of this application.
    Based on an initial review of NOC's application for a permanent
variance and interim order based on the alternate standard OSHA granted
NASA on June 30, 2021, OSHA has preliminarily determined that granting
a variance allowing NOC to use the NASA alternate standard would
provide a workplace for NOC's employees that is as safe and healthful
as that provided by the OSHA standard.
    Pursuant to the requirements of OSHA's variance regulations (29 CFR
1905.11), the applicants have certified that they notified their
workers of the variance application and request for interim order by
posting, at prominent locations where it normally posts workplace
notices, a summary of the application and information specifying where
the workers can examine a copy of the application. In addition, the
applicants informed their workers of their rights to petition the
Assistant Secretary of Labor for Occupational Safety and Health for a
hearing on the variance application.

II. NASA's Alternate Diving Standard and NOC's Variance Application

A. Background

    On December 15, 2020, NASA submitted an application to OSHA
proposing one alternate standard to 29 CFR 1910.423(b)(2), subpart T,
and included with their application extensive introductory, background,
and explanatory information in support of the application (Docket No.
OSHA-2023-0009-0003). NASA sought an alternate standard that would
permit the NBL to conduct post-dive health monitoring that is tailored
to NASA's specific dive operations and medical surveillance
capabilities.
    The alternate standard application stated that NASA operates
training and simulation activities for space operations that routinely
involve underwater diving operations in preparation for upcoming
missions. NASA described the NBL as a large, indoor tank of water,
where astronauts perform simulated extravehicular activities (EVAs),
also known as spacewalks, in preparation for upcoming space missions.
The NBL is a controlled environment with a maximum depth of 40 feet.
Its primary purpose is to provide a large-scale underwater environment
in which NASA personnel can simulate a weightless environment by
balancing the buoyancy of a suited subject submerged in the water.
Astronaut trainees, suited in Extravehicular Mobility Units (EMUs)
adapted for use in water, can then perform a variety of specialized
activities on spacecraft and Space Station analogs in the water. The
NBL uses nitrox (46% enriched air nitrox (EAN46)) as the
standard breathing gas for self-contained underwater breathing
apparatus (SCUBA) while working in the tank. NASA asserted in its
request for the alternate standard that diving on nitrox in the NBL is
safer and less likely to cause decompression sickness (DCS) than diving
on compressed air due to the lower partial pressure of nitrogen in the
gas mixture, giving a shallower ``equivalent air depth'' (EAD). The EAD
formula can accurately estimate the depth allowing for DCS risk
calculation based on equivalent nitrogen pressures and dive durations
used in air diving. In other words, breathing EAN46 at 40
feet is like breathing air at 17 feet, essentially eliminating the risk
of DCS in nominal operations. Additionally, the alternate standard
application examined the use of nitrox in the water, and the risk of
oxygen toxicity, specifically the risk of seizure resulting from
Central Nervous System (CNS) oxygen toxicity. NASA asserted in the
alternate standard application that with the hard floor at 40 feet in
the tank, there are no cases in medical or diving literature of seizure
in water at pressures of PO2 of 1.0 ata. Further, NASA
asserted that there have been no instances of CNS oxygen toxicity with
NBL operations to date.
    The alternate standard application asserted that the alternate
standard provides equivalent protection to the OSHA standard. First,
the fixed diving depth of the pool has mitigated the risk of
decompression sickness. As a result, the NBL has eliminated the risk of
decompression sickness and thus the need to remain within the vicinity
of the chamber is for the control and treatment of arterial gas
embolism only. Second, NASA asserted that a shorter observation period
would be sufficient: ``At the NBL, a ten-minute observation provides
the equivalent protection as a one-hour observation in the outside
environment. Moreover, implementation of this standard will provide
greater protection for divers by allowing them to dive on Nitrox rather
than air routinely. This will reduce recurrent decompression stress
experienced by the divers, along with the resulting long-term health
problems that occur from repetitive decompression stress, such as the
risk of dysbaric osteonecrosis (bone death).'' Additionally: ``NBL
divers operate under no-decompression limits that are more conservative
than the U.S. Navy. The OSHA regulations for mixed gas diving enhance
safety when applied to gas mixtures used on long, deep, complex dives
because of increased risk of DCS and oxygen toxicity. However, diving
with nitrox at shallower depths, such as the NBL, is in fact safer than
diving on air.'' Further: ``The NBL adheres to strict oxygen clean
handling and compatibility requirements that exceed the industry
standard for concentrations greater than 40% by volume. The alternate
standard allows a safer gas to be breathed during all NBL events, in
addition to allowing for fewer total diving events.''
    NASA's alternate standard application also explained that NASA
employees working within the NBL work together to ensure that qualified
personnel and certified systems are available to meet NASA's EVA
requirements. NASA stated that safety and utility divers support suited
trainees at all times in the water. Suited crew utilize surface-
supplied nitrox via an umbilical, and support divers breathe nitrox via
self-contained underwater breathing apparatus (SCUBA) while working in
the tank. NBL activities routinely involve dozens of trainees and
divers, requiring hundreds of dive hours per week. NASA asserted in the
alternate standard application that all divers are physically examined
by the NBL medial officer or a human test support group medical
technician for fitness prior to entering the water. Suited subjects
have their fitness to dive exam performed by the medical officer

only. This exam includes vital signs and changes to medical history,
including but not limited to, medications, physical fitness, as well as
cardiopulmonary and ear, nose and throat examinations. Divers and
suited subjects may be disqualified if there are any concerning
abnormalities, pending treatment or further evaluation and management.
NASA also certified that the application of the alternate standard will
only apply to the NBL and will not be used during the other underwater
activities that NASA performs.
    After fully considering NASA's application and its responses to
OSHA's follow-up questions (Docket No. OSHA-2023-0009-0004), OSHA
granted the alternate standard that NASA proposed for use solely at
NASA's NBL (Docket No. OSHA-2023-0009-0005). NOC now seeks an interim
order and permanent variance based on the alternate standard that OSHA
granted to NASA covering their employees conducting commercial diving
operations at the NBL.
    As a NASA contractor, NOC asserts that their divers must strictly
follow the requirements of the NBL, which include following the
conditions of the NASA alternate standard. However, the NASA alternate
standard's coverage does not include NOC-employed divers, even though
they work side-by-side with NASA-employed divers during NBL operations.
NOC states that their divers undergo the same training as NASA NBL
employees, and that there are no differences between NASA and NOC
divers regarding medical clearance procedures and standards, training
materials, equipment used, equipment maintenance, and diving procedures
used. Accordingly, NOC seeks permission from OSHA to conducts dive
activities for NASA at the NBL under the same standard regulating the
time required for NASA employees diving at the NBL, on nitrox and
within the no-decompression limits, pursuant to the NASA alternate
standard rather than the requirements of 29 CFR 1910.432(b)(2).

B. Requested Variance From 29 CFR 1910.423(b)(2), Requirements for
Decompression Chambers 2
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    \2\ A decompression chamber is ``a pressure vessel for human
occupancy such as a surface decompression chamber, closed bell, or
deep diving system used to decompress divers and to treat
decompression sickness'' (29 CFR 1910.402).
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    OSHA's standards regulating the availability and use of
decompression chambers require that for any dive outside the no-
decompression limits, deeper than 100 fsw, or using mixed gas as a
breathing mixture, the employer must instruct the diver to remain awake
and in the vicinity of the decompression chamber that is at the dive
location for at least one hour after the dive (including decompression
or treatment as appropriate) (29 CFR 1910.423(b)(2)).
    In adopting the conditions of the NASA alternate standard, NOC's
application proposes deviating from the decompression chamber
availability and capability requirements in OSHA's CDO standard. As
OSHA explained when it granted the NASA Alternate Diving Standard, the
purpose of having a decompression chamber available and ready for use
at a dive site is to treat DCS and arterial gas embolism (AGE). DCS may
occur from breathing air or mixed gases at diving depths and durations
that require decompression, while AGE may result from over-pressurizing
the lungs, usually following a rapid ascent to the surface without
proper exhalation. If DCS or AGE develops, a decompression chamber,
oxygen or treatment gas mixtures, and treatment tables and instructions
must be readily available to treat these conditions effectively.
Decompression chambers provide the most effective therapy--
recompression--for DCS and AGE.
    NOC's proposed variance would adopt the conditions of the NASA
alternate standard that permits NASA to deviate from the requirement
that the employer instruct all divers who dive deeper than 100 fsw or
who dive using mixed breathing gas to remain awake and in the vicinity
of a decompression chamber for one hour after the dive. The NASA
alternate standard allows divers at NASA's NBL who are diving on
nitrox, within the no decompression limits, to remain awake and in the
vicinity of the decompression chamber at the dive location for at least
10 minutes after the dive. In other words, the NASA alternate Section
1910.423(b)(2) requires that any NASA diver at NASA's NBL who dives
using nitrox within the no-decompression limits will be instructed to
remain awake and in the vicinity of the decompression chamber for at
least ten minutes after the completion of the dive.
    When granting NASA an alternate standard to 29 CFR 1910.423(b)(2),
OSHA explained that the CDO standard sets the 100 fsw limit based on
the increased risk of developing DCS and AGE on dives deeper than 100
fsw. However, OSHA explained that the agency amended the CDO standard
in 2004 to permit employers of recreational diving instructors and
diving guides to comply with an alternative set of decompression
chamber requirements (see 69 FR 7351 (February 17, 2004)).\3\ Under the
conditions articulated in appendix C to subpart T, eligible employers
are not required to provide a decompression chamber at the dive site
when engaged in SCUBA diving to 130 fsw while breathing a nitrox gas
mixture within the no-decompression limits.
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    \3\ Appendix C incorporated into the CDO standard essentially
the same terms as those used in a variance that OSHA granted to
Dixie Divers, Inc., a diving school that employed several
recreational diving instructors, in 1999 (see 64 FR 71242, December
20, 1999).
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    OSHA explained in the NASA alternate standard that it created this
exemption because the agency determined that the elevated levels of
oxygen in nitrox breathing-gas mixtures reduced the incidence of DCS
compared to breathing air at the same depths, and therefore found that
the risk of DCS was minimal.
    After considering the statistics and information regarding NBL
operations that NASA submitted, OSHA concluded that NASA's proposed
alternate standard would provide equivalent protection to the CDO
standard when NBL divers use nitrox breathing-gas mixtures. NOC's
proposed variance would adopt the identical conditions as the alternate
standard to 29 CFR 1910.423(b)(2) that OSHA granted to NASA.
    Based on the technical review of NOC's application, the NASA
alternate standard, and related supporting material, OSHA preliminarily
finds that the proposed conditions would provide NOC's divers with
protection equivalent to the CDO standard; there are no differences in
the training requirements, medical clearance procedures and standards,
equipment use and maintenance requirements, or diving procedures that
apply to NASA-employed and NOC-employed divers who dive at the NBL;
diver safety is best promoted where diving safety rules are clear and
consistently applicable to all divers at a worksite. For these reasons,
OSHA believes that diving safety for the NBL will be maximized when the
diving practices of NOC-employed divers are identical to those of NASA-
employed divers. Accordingly, OSHA has decided to grant the interim
order and preliminarily determined to grant the permanent variance to
NOC on those same conditions.

III. Agency Preliminary Determinations

    After reviewing the proposed alternatives, OSHA has preliminarily
determined that the applicants' proposed alternatives on the whole,
subject to the conditions in the request and imposed by this interim
order,

provide measures that are as safe and healthful as those required by
the cited OSHA standard addressed in section II of this document.
    In addition, OSHA has preliminarily determined that the following
alternative is at least as effective as the specified OSHA requirement.

IV. Grant of Interim Order, Proposal for Permanent Variance, and
Request for Comment

    OSHA hereby announces the decision to grant an interim order
allowing NOC's employees to perform diving operations at NASA's NBL,
subject to the conditions that follow in this document. This interim
order will remain in effect until the agency modifies or revokes the
interim order or makes a decision on NOC's application for a permanent
variance. During the period starting with the publication of this
notice or until the agency modifies or revokes the interim order or
makes a decision on its application for a permanent variance, the
applicants are required to comply fully with the conditions of the
interim order as an alternative to complying with the following
requirement of 29 CFR 1910.424(b)(2) as identified in the NASA
alternate standard (the alternate standard) that:

    Requires divers at NASA's Neutral Buoyancy Laboratory, in
Houston, Texas, conducting dives using nitrox, within the no-
decompression limits, to remain awake and in the vicinity of the
decompression chamber at the dive location for at least 10 minutes
after the dive.

    As described earlier in this notice, NOC proposes to adopt the
conditions of the NASA alternate standard, which OSHA granted to NASA
on June 30, 2021, as the conditions of the interim order and permanent
variance. In addition to adopting the NASA alternate standard's
conditions for deviating from the decompression chamber provisions of
subpart T, OSHA has added several conditions, which the agency believes
are necessary to ensure the safety of NOC's divers who conduct
commercial diving operations for NASA at the NBL.
    After a comprehensive review of the record, the agency
preliminarily finds that adherence to the conditions of the proposed
variance would provide the applicants' workers with a workplace that
will be at least as safe and healthful as if the applicants complied
with the requirements of 29 CFR 1910.423(b)(2). After reviewing all
available information, including NOC's variance application, NASA's
application for the alternate diving standard, and OSHA's analysis and
subsequent granting of the NASA alternate standard, OSHA has decided to
grant the interim order and preliminarily determined to grant the
permanent variance to NOC on those same conditions.
    In order to avail itself of the interim order, NOC must: (1) comply
with the conditions listed in the interim order for the period starting
with the grant of the interim order until the agency modifies or
revokes the interim order or makes a decision on the application for a
permanent variance; (2) comply fully with all other applicable
provisions of 29 CFR part 1910 and subpart T; and (3) provide a copy of
this Federal Register notice to all employees affected by the proposed
conditions, including the affected employees of other employers, using
the same means it used to inform these employees of their application
for a permanent variance.
    OSHA is also proposing that the same requirements (see above
section II, part B) would apply to a permanent variance if OSHA
ultimately issues one. OSHA requests comment on the preliminary
determination that the specified alternative and conditions would
provide a workplace as safe and healthful as those required by the
standard from which the variance is sought. After reviewing comments,
OSHA will publish in the Federal Register the agency's final decision
approving or rejecting the request for a permanent variance.

V. Description of the Conditions Specified by the Interim Order and the
Proposed Permanent Variance

    This section describes the alternative means of compliance with the
provisions of 29 CFR 1910.423(b)(2) and provides additional detail
regarding the proposed conditions that form the basis of NOC's
application for an interim order and permanent variance. As indicated
earlier in this notice, NOC seeks the interim order and permanent
variance based on proposed conditions derived from the conditions of
the alternate standard that OSHA granted to NASA on June 30, 2021
(Docket No. OSHA-2023-0009-0002). The below-described conditions form
the basis of the interim order and the requested permanent variance.\4\
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    \4\ In these conditions, OSHA is using the future conditional
form of the verb (e.g., ``would''), which pertains to the
application for a permanent variance but the conditions are
mandatory for purposes of the interim order.
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Proposed Condition A: Scope

    The scope of the proposed permanent variance would limit coverage
only to the commercial diving operations performed at NASA's NBL.
Clearly defining the scope of the proposed permanent variance provides
NOC, NOC's employees, potential future applicants, other stakeholders,
the public, and OSHA with necessary information regarding the work
situations in which the proposed permanent variance would apply. To the
extent that NOC exceeds the defined scope of this variance, it would be
required to comply with OSHA's standards.
    Pursuant to 29 CFR 1905.11, an employer (or class or group of
employers) \5\ may request a permanent variance for a specific
workplace or workplaces. If OSHA approves a permanent variance, it
would apply only to the specific employer(s) that submitted the
application and only to the specific workplace or workplaces designated
in the application. In this instance, if OSHA were to grant a permanent
variance, it would apply to only the applicants who comprise the NOC
(Vertex TTS, Oll, Bastion Technologies Inc., Rothe Enterprises, Rothe
Development, IPA, MRI, and EPro), and only to work at NASA's Neutral
Buoyancy Laboratory. As a result, it is important to understand that if
OSHA were to grant NOC a permanent variance, it would not apply to any
other employers. Additionally, coverage is limited to the work
situations specified under the ``Scope and Application'' section of
subpart T, Commercial Diving Operations (1910.401(a)), and would not
apply to commercial diving operations that are already exempted under
1910.401(a)(2).\6\ Accordingly the scope specifies that the interim
order and proposed variance will only apply to dives occurring at
NASA's Neutral Buoyancy Laboratory and within OSHA's geographical
authority. When implementing the conditions of the proposed permanent
variance, NOC would have to comply fully with all safety and health
provisions that are applicable to commercial diving

operations as specified by 29 CFR part 1910, subpart T, except for the
requirements specified by 29 CFR 1910.423(b)(2).
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    \5\ A class or group of employers (such as members of a trade
alliance or association) may apply jointly for a variance provided
an authorized representative for each employer signs the application
and the application identifies each employer's affected facilities.
    \6\ Section 1910.401(a)(2) provides that the CDO standard does
not apply to any dive (i) performed solely for instructional
purposes, using open-circuit, compressed-air SCUBA and conducted
within the no-decompression limits; (ii) performed solely for
search, rescue, or related public safety purposes by or under the
control of a governmental agency; (iii) governed by 45 CFR part 46
(Protection of Human Subjects, U.S. Department of Health and Human
Services) or equivalent rules or regulations established by another
federal agency, which regulate research, development, or related
purposes involving human subjects; or (iv) fitting the standard's
definition of ``scientific diving.''
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    The interim order only applies to NOC's employees when they conduct
diving operations at NASA's Neutral Buoyancy Laboratory, as would the
permanent variance should OSHA decide to grant it.

Proposed Condition B: Duration

    The interim order is only intended as a temporary measure pending
OSHA's decision on the permanent variance, so this condition specifies
the duration of the order. If OSHA approves a permanent variance, it
would specify the duration of the permanent variance.

Proposed Condition C: List of Abbreviations

    Proposed condition C defines several abbreviations used in the
proposed permanent variance. OSHA believes that defining these
abbreviations serves to clarify and standardize their usage, thereby
enhancing the applicants' and their employees' understanding of the
conditions specified by the proposed permanent variance.

Proposed Condition D: Requirements for Decompression Chambers

    This proposed condition requires that, for any dive that is within
the no-decompression limits and using nitrox as a breathing mixture,
NOC will instruct the diver to remain awake and in the vicinity of the
decompression chamber which is at the dive location for at least ten
minutes after the dive (including decompression or treatment as
appropriate). When using a nitrox breathing-gas mixture, NOC will be
required to meet the no-decompression provisions of appendix C to the
CDO rule (``Use of No-Decompression Limits'').

Proposed Condition E: Communication

    This proposed condition requires the applicants to develop and
implement an effective system of information sharing and communication.
Effective information sharing and communication are intended to ensure
that affected workers receive updated information regarding any safety-
related hazards and incidents, and corrective actions taken, prior to
the start of each shift. The proposed condition also requires the
applicants to ensure that reliable means of emergency communications
are available and maintained for affected workers and support personnel
during diving activities. Availability of such reliable means of
communications would enable affected workers and support personnel to
respond quickly and effectively to hazardous conditions or emergencies
that may develop during diving activities at NASA's NBL.

Proposed Condition F: Worker Qualification and Training

    This proposed condition requires NOC's employees to follow the
requirements of the NASA NBL Safety Program, including the NBL Safe
Practices Manual as well as any instruction provided by NASA's Dive
Safety Board (NSB) to qualify their employees to perform diving
activities at the NBL. Further, NOC must ensure that all employees
conducting dives at the NBL are physically examined by the NBL medical
officer of the day or a human test support group medical technician for
fitness to dive prior to entering the water. The proposed condition
specifies actions an affected worker must be able to perform safely
during diving activities, including how to enter, work in, and exit
from hyperbaric conditions under both normal and emergency conditions.
Having well-trained and qualified workers performing the required dive
tasks ensures that they recognize and respond appropriately to
underwater safety and health hazards. These qualification and training
requirements enable NOC divers to cope effectively with emergencies, as
well as the discomfort and physiological effects of hyperbaric
exposure, thereby preventing worker injury, illness, and fatalities.

Proposed Condition G: Recordkeeping

    Under OSHA's existing recordkeeping requirements in 29 CFR part
1904 regarding Recording and Reporting Occupational Injuries and
Illnesses, NOC must maintain a record of any recordable injury,
illness, or fatality (as defined by 29 CFR part 1904) by completing the
OSHA Form 301 Incident Report and OSHA Form 300 Log of Work-Related
Injuries and Illnesses. The applicants did not seek a variance from
this standard and therefore must comply fully with those requirements.

Proposed Condition H: Notifications

    Proposed Condition H adds additional reporting responsibilities,
beyond those already required by the OSHA standard. The applicants
would be required to maintain records of specific factors associated
with each dive. The information gathered and recorded under this
provision, in concert with the information provided under proposed
Condition I (using OSHA Form 301 Injury and Illness Incident Report to
investigate and record dive-related recordable injuries as defined by
29 CFR 1904.4, 1904.7, and 1904.8 through 1904.12), would enable the
applicants and OSHA to assess the effectiveness of the interim order
and proposed permanent variance in preventing DCS and other dive-
related injuries and illnesses.\7\
---------------------------------------------------------------------------

    \7\ See 29 CFR part 1904, Recording and Reporting Occupational
Injuries and Illnesses (https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping
forms and instructions (https://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf); and updates to OSHA's
recordkeeping rule, 79 FR 56130, September 18, 2014 (more
information available at: (https://www.osha.gov/recordkeeping2014/index.html).
---------------------------------------------------------------------------

    Under the proposed condition, the applicants are required, within
specified periods of time, to notify OSHA of: (1) any recordable
injury, illness, in-patient hospitalization, amputation, loss of an
eye, or fatality that occurs as a result of NBL dive-related operations
within eight (8) hours of the incident ; (2) provide OTPCA and the
Houston South Texas Area Office within twenty-four (24) hours of the
incident with a copy of the incident investigation report (using OSHA
Form 301 Injury and Illness Incident Report); (3) include on OSHA Form
301 Injury and Illness Incident Report information on the hyperbaric
conditions associated with the recordable injury or illness, the root-
cause determination, and preventive and corrective actions identified
and implemented; (4) provide the certification that affected workers
were informed of the incident and the results of the incident
investigation; (5) notify OTPCA and the Houston South Texas OSHA Area
Office within 15 working days should the applicants revise their dive
procedures to accommodate changes in their diving operations that
affect their ability to comply with the conditions of the proposed
permanent variance; and (6) provide OTPCA and the Houston South Texas
OSHA Area Office, by the fifteenth (15th) of January, at the beginning
of each new calendar year, a report summarizing the dives completed
during the year just ended and evaluating the effectiveness of the
variance conditions in providing a safe and healthful work environment
and in preventing dive-related incidents.
    It should be noted that the requirement for completing and
submitting the hyperbaric exposure-related (recordable) incident
investigation report (OSHA 301 Injury and Illness Incident Report) is
more restrictive than the current recordkeeping requirement of
completing OSHA Form 301 Injury and Illness Incident Report within
seven (7) calendar days of the incident

(1904.29(b)(3)). This modified, more stringent incident investigation
and reporting requirement is restricted to intervention-related
(recordable) incidents only. Providing rapid notification to OSHA is
essential because time is a critical element in OSHA's ability to
determine the continued effectiveness of the variance conditions in
preventing injuries and illnesses, and the applicants' identification
and implementation of appropriate corrective and preventive actions.
    Further, these notification requirements also enable the
applicants, their employees, and OSHA to assess the effectiveness of
the permanent variance in providing the requisite level of safety to
the applicants' workers and based on this assessment, whether to revise
or revoke the conditions of the proposed permanent variance. Timely
notification permits OSHA to take whatever action may be necessary and
appropriate to prevent possible further injuries and illnesses.
Providing notification to employees informs them of the precautions
taken by the applicants to prevent similar incidents in the future.
    Additionally, this proposed condition requires the applicants to
notify OSHA if it ceases to do business, has a new address or location
for the main office, or transfers the operations covered by the
proposed permanent variance to another company. In addition, the
condition specifies that the transfer of the permanent variance to a
successor company must be approved by OSHA. These requirements allow
OSHA to communicate effectively with the applicants regarding the
status of the proposed permanent variance, and expedite the agency's
administration and enforcement of the permanent variance. Stipulating
that an applicants are required to have OSHA's approval to transfer a
variance to a successor company provides assurance that the successor
company has knowledge of, and will comply with, the conditions
specified by proposed permanent variance, thereby ensuring the safety
of workers involved in performing the operations covered by the
proposed permanent variance.

VI. Specific Conditions of the Interim Order and the Proposed Permanent
Variance

    After comprehensively reviewing the evidence, OSHA has
preliminarily determined that the proposed conditions will provide a
place of employment as safe and healthful as that provided by
1910.424(b)(2). The following conditions apply to the interim order
that OSHA is granting to NOC. In addition, these conditions specify the
alternative means of compliance that OSHA proposes for NOC's requested
permanent variance from the above-listed provision of subpart T of 29
CFR part 1910.
    The conditions would apply with respect to all employees of NOC
participating in diving operations as part of NASA's NBL. These
conditions are outlined in this Section:

A. Scope

    The interim order applies, and the permanent variance would apply
only to NOC's diving operations conducted for NASA and performed at
NASA's NBL; and
    Performed in compliance with all applicable conditions of subpart T
of 29 CFR part 1910 except for the requirement specified by 29 CFR
1910.423(b)(2) when conducting commercial diving operations.

B. Duration

    The interim order granted to NOC will remain in effect until OSHA
modifies or revokes this interim order or grants NOC's request for a
permanent variance in accordance with 29 CFR 1905.13, whichever comes
first.

C. List of Abbreviations

    Abbreviations used throughout this proposed permanent variance
would include the following:

ATA--Atmosphere Absolute
BCD--Buoyancy Compensator Device
CDO--Commercial Diving Operations
CFR--Code of Federal Regulations
DCS--Decompression Sickness
DSB--Dive Safety Board
EAD--Equivalent Air Depth
EANX--Enriched Air Nitrox (where X denotes percentage of
oxygen)
EVA--Extravehicular Activities
fsw-feet of seawater
NBL--NASA Neutral Buoyancy Laboratory
NOC--NASA's Neutral Buoyancy Laboratory Operations Contract
OSHA--Occupational Safety and Health Administration
OTPCA-- OSHA's Office of Technical Programs and Coordination
Activities
PO2--Partial Pressure of Oxygen in ATA
SCUBA--Self-Contained Underwater Breathing Apparatus

D. Requirements for Decompression Chambers

    For any dive at the NBL that is within the no-decompression limits
and using nitrox as a breathing mixture, NOC would instruct the diver
to remain awake and in the vicinity of the decompression chamber at the
dive location for at least ten (10) minutes after the dive (including
decompression or treatment as appropriate).

E. Communication

    This proposed condition requires the applicants to develop and
implement an effective system of information sharing and communication.
Effective information sharing and communication are intended to ensure
that affected workers receive updated information regarding any safety-
related hazards and incidents, and corrective actions taken, prior to
the start of each shift. The proposed condition also requires the
applicants to ensure that reliable means of emergency communications
are available and maintained for affected workers and support personnel
during diving activities. Availability of such reliable means of
communications would enable affected workers and support personnel to
respond quickly and effectively to hazardous conditions or emergencies
that may develop during diving activities at NASA's NBL.

F. Worker Qualification and Training

    NOC would be required to:
    1. Follow the requirements of the NASA NBL Safety Program,
including the NBL Safe Practices Manual, as well as any instruction
provided by NASA's DSB;
    2. Ensure that prior to entering the water, all NOC employees
conducting dives at the NBL are physically examined for fitness to dive
by the NBL medical officer of the day or a human test support group
medical technician.

G. Recordkeeping

    In addition to completing OSHA Form 301 Injury and Illness Incident
Report and OSHA Form 300 Log of Work-Related Injuries and Illnesses,
NOC would have to:
    1. Maintain records of recordable injuries that occur as a result
of diving operations conducted for NASA under the NBL;
    2. Ensure that the information gathered and recorded under this
provision, in concert with the information provided under proposed
condition G (using OSHA Form 301 Incident Report Form) to investigate
and record dive-related recordable injuries as defined by 29 CFR
1904.4, 1904.7, 1904.8 through 1904.12)), would enable NOC and OSHA to
determine the effectiveness of the proposed permanent variance in
preventing DCS and other dive-related injuries and illnesses.

H. Notifications

    NOC would be required to:
    1. Notify OSHA's Office of Technical Programs and Coordination
Activities (OTPCA) and the Houston South Texas OSHA Area Office of any
recordable injuries, illnesses, in-patient

hospitalizations, amputations, loss of an eye, or fatality that occur
as a result of diving operations within eight (8) hours of the
incident;
    2. Provide OTPCA and the Houston South Texas OSHA Area Office
within twenty-four (24) hours of the incident with a copy of the
incident investigation report (using OSHA 301 form);
    3. Include on the OSHA 301 form information on the diving
conditions associated with the recordable injury or illness, the root-
cause determination, and preventive and corrective actions identified
and implemented;
    4. Provide their certification that they informed affected divers
of the incident and the results of the incident investigation;
    5. Notify OTPCA and the Houston South Texas OSHA Area Office within
fifteen (15) working days should the applicants need to revise their
dive procedures to accommodate changes in their diving operations that
affect their ability to comply with the conditions of the proposed
permanent variance;
    6. Obtain OSHA's written approval prior to implementing the
revision in their dive procedures to accommodate changes in their
diving operations that affect their ability to comply with the
conditions in the proposed permanent variance;
    7. By the fifteenth (15th) of January, at the beginning of each new
calendar year, provide OTPCA, and Houston South Texas OSHA Area Office,
with a report summarizing the dives completed during the previous year
and evaluating the effectiveness of the variance conditions in
providing a safe and healthful work environment and in preventing dive-
related incidents;
    8. Notify OSHA if it ceases to do business, has a new address or
location for their main office, or transfers the operations covered by
the proposed permanent variance to a successor company; and
    9. Ensure that OSHA would approve the transfer of the interim order
or permanent variance to another company.
    OSHA will publish a copy of this notice in the Federal Register.

VII. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 655(d), Secretary
of Labor's Order No. 8-2020 (85 FR 58393, Sept. 18, 2020), and 29 CFR
1905.11.

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-25566 Filed 11-17-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Proposed Rules]
[Pages 1582-1584]
[FR Doc No: 2015-33097]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-7491; Directorate Identifier 2015-NE-39-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
General Electric Company (GE) GE90-76B, GE90-77B, GE90-85B, GE90-90B,
and GE90-94B turbofan engines. This proposed AD was prompted by an
uncontained failure of the high-pressure compressor (HPC) stage 8-10
spool, leading to an airplane fire. This proposed AD would require eddy
current inspections (ECIs) or ultrasonic inspections (USIs) of the HPC
stage 8-10 spool and removing from service those parts that fail
inspection. We are proposing this AD to prevent failure of the HPC
stage 8-10 spool, uncontained rotor release, damage to the engine, and
damage to the airplane.

DATES: We must receive comments on this proposed AD by March 14, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
General Electric Company, GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this service information at the FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7491; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket

contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: John Frost, Aerospace Engineer, Engine
Certification Office, FAA, 12 New England Executive Park, Burlington,
MA 01803; phone:<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 NPRM. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-7491;
Directorate Identifier 2015-NE-39-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We received a report of an HPC stage 8-10 spool uncontained failure
resulting in an airplane fire. Ongoing investigations have determined
that a crack initiated in the stage 8 aft web upper face of the HPC 8-
10 spool and propagated until spool rupture. The root cause of the
crack initiation is not yet known. This condition, if not corrected,
could result in failure of the HPC stage 8-10 spool, uncontained rotor
release, damage to the engine, and damage to the airplane. We are
issuing this AD to correct the unsafe condition on these products.

Related Service Information

    We reviewed the following chapters of GE GE90 Engine Manual,
GEK100700, Revision 66, dated September 1, 2015:
     Chapter 72-31-08, Special Procedure 003, piece-part level
ECI,
     Chapter 72-00-31, Special Procedure 006, rotor assembly
and module level ECI and,
     Chapter 72-00-31, Special Procedure 007, rotor assembly
level USI.

FAA's Determination

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

Proposed AD Requirements

    This NPRM would require accomplishing an ECI or USI of the stage 8
aft web upper face of the HPC stage 8-10 spool and removing from
service those parts that fail inspection.

Interim Action

    We consider this proposed AD interim action. GE is determining the
root cause for the unsafe condition identified in this proposed AD.
Once a root cause is identified, we might consider additional
rulemaking.

Costs of Compliance

    We estimate that this proposed AD affects 54 engines installed on
airplanes of U.S. registry. We also estimate that it will take about 7
hours per engine to comply with this AD. The average labor rate is $85
per hour. We estimate one part will fail inspection at a cost of
$780,000. Based on these figures, we estimate the total cost of the AD
to U.S. operators to be $812,130.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

General Electric Company: Docket No. FAA-2015-7491; Directorate
Identifier 2015-NE-39-AD.

(a) Comments Due Date

    We must receive comments by March 14, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GE90-76B, GE90-
77B, GE90-85B, GE90-90B, and GE90-94B turbofan engines with a high-
pressure compressor (HPC) 8-10 stage spool, part numbers (P/Ns)
1694M80G04, 1844M90G01, or 1844M90G02, installed.

(d) Unsafe Condition

    This AD was prompted by an uncontained failure of the HPC stage
8-10 spool. We are issuing this AD to prevent failure of the HPC
stage 8-10 spool, uncontained rotor release, damage to the engine,
and damage to the airplane.

(e) Compliance

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

    (1) Perform an eddy current inspection (ECI) or ultrasonic
inspection (USI) of the stage 8 aft web upper face of the HPC stage
8-10 spool, before exceeding 10,500 cycles since new or within 500
cycles in service, after the effective date of this AD, whichever
occurs later.
    (2) At each shop visit, perform an ECI or USI of the stage 8 aft
web upper face of the HPC stage 8-10 spool.
    (3) Remove from service any HPC stage 8-10 spool that fails the
inspection required by paragraphs (e)(1) and (e)(2) of this AD and
replace the spool with a spool eligible for installation.

(f) Installation Prohibition

    After the effective date of this AD, an HPC stage 8-10 spool, P/
Ns 1694M80G04, 1844M90G01, and 1844M90G02, is not eligible for
installation into any engine, unless the spool has passed an ECI or
USI required by paragraphs (e)(1) and (e)(2) of this AD.

(g) Definition

    For the purpose of this AD, an engine shop visit is the
induction of an engine into the shop for maintenance during which
the compressor discharge pressure seal face is exposed.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(i) Related Information

    (1) For more information about this AD, contact John Frost,
Aerospace Engineer, Engine Certification Office, FAA, 12 New England
Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>    (2) GE GE90 Engine Manual, GEK100700, Revision 66, dated
September 1, 2015, Chapter 72-31-08, Special Procedure 003, Chapter
72-00-31, Special Procedure 006, and Chapter 72-00-31, Special
Procedure 007, rotor assembly level USI can be obtained from General
Electric Company, using the contact information in paragraph (i)(3)
of this AD.
    (3) For service information identified in this proposed AD,
contact General Electric Company, GE-Aviation, Room 285, 1 Neumann
Way, Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on December 22, 2015.
Colleen M. D'Alessandro,
Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-33097 Filed 1-12-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Proposed Rules]
[Pages 16202-16204]
[FR Doc No: 2013-05912]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0074; Airspace Docket No. 13-ASO-3]

Proposed Amendment of Class E Airspace; Selmer, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E Airspace at Selmer, TN,
as the Sibley Non-Directional Beacon (NDB) has been decommissioned and
new Standard Instrument Approach Procedures have been developed at
Robert Sibley Airport. This action would enhance the safety and
airspace management of Instrument Flight Rules (IFR) operations at the
airport. This action also would update the geographic coordinates of
airport.

DATES: Comments must be received on or before April 29, 2013.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2013-0074; Airspace Docket No. 13-ASO-3, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0074; Airspace Docket No. 13-ASO-3) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2013-0074; Airspace Docket No. 13-ASO-3.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
Holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 350, 1701 Columbia Avenue, College Park,
Georgia 30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class E airspace extending upward
from 700 feet above the surface to support new Standard Instrument
Approach Procedures developed at Robert Sibley Airport, Selmer, TN. The
geographic coordinates of Robert Sibley Airport would be adjusted to
coincide with the FAAs aeronautical database. Airspace reconfiguration
is necessary due to the decommissioning of the Sibley NDB and
cancellation of the NDB approach, and for continued safety and
management of IFR operations at the airport.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would amend Class E airspace at Robert Sibley
Airport, Selmer, TN.
    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASO TN E5 Selmer, TN [Amended]

Robert Sibley Airport, TN
    (Lat. 35[deg]12'11'' N., long. 88[deg]29'54'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Robert Sibley Airport.

    Issued in College Park, Georgia, on March 5, 2013.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-05912 Filed 3-13-13; 8:45 am]
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[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18367-18368]
[FR Doc No: 2022-06741]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9671-01-OA]

Farm, Ranch, and Rural Communities Advisory Committee (FRRCC)
Call for Nominations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for nominations.

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SUMMARY: The Environmental Protection Agency (EPA) is inviting
nominations for membership on the Farm, Ranch, and Rural Communities
Advisory Committee (FRRCC). The purpose of the FRRCC is to provide
policy advice, information, and recommendations to the EPA
Administrator on a range of environmental issues and policies that are
of importance to agriculture and rural communities.

DATES: To be considered for 2022 appointments, nominations should be
submitted no later than May 16, 2022.

ADDRESSES: Submit nominations electronically with the subject line
``FRRCC Membership 2022'' to [email protected].
    General information regarding the FRRCC can be found on the EPA
website at: www.epa.gov/faca/frrcc. General information about Federal
Advisory Committees at EPA is available at: www.epa.gov/faca.

FOR FURTHER INFORMATION CONTACT: Venus Welch-White, Designated Federal
Officer for the FRRCC, U.S. EPA, 1200 Pennsylvania Avenue NW, Mail Code
1101A, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA established the FRRCC in 2008 pursuant to the Federal Advisory
Committee Act, Public Law 92-463, in order to help EPA build a more
positive and proactive relationship with the agricultural industry in
furtherance of EPA's mission to protect human health and the
environment. The FRRCC serves as part of EPA's efforts to expand
cooperative working relationships with the agriculture community and
others who are interested in agricultural issues and achieving greater
progress in environmental protection. The FRRCC provides advice and
recommendations to the EPA Administrator on environmental issues and
programs that impact, or are of concern to, farms, ranches and rural
communities. Topics addressed may include climate change, water or air
quality issues, pesticides, toxics, food loss and waste, environmental
justice, emergency response, enforcement and compliance, technology and
innovation, and other topics of environmental importance pertaining to
agriculture and rural communities. The charter for the FRRCC was
renewed in February 2022. EPA is currently seeking members for the
committee, who will be appointed for 2- or 3-year terms and may be
eligible for reappointment. The membership of this committee will
include a balanced representation of interested persons with relevant
experience to contribute to the functions of the committee, and will be
drawn from relevant sectors, including but not limited to academia,
agricultural industry, nongovernmental organizations, and state, local,
and tribal governments.
    The full Committee expects to meet approximately twice a year, or
as needed and approved by the Designated Federal Officer (DFO).
Meetings will be held in Washington, DC, the EPA regions, and
virtually. EPA is committed to prioritizing members' health and safety
during the COVID-19 pandemic and will follow CDC guidelines when
considering any in-person meeting. The Administrator may ask members to
serve on Subcommittees and Workgroups to develop reports and
recommendations to address specific policy issues, reflecting the
priorities of the Administration. The average workload for members is
approximately 5 hours per month. Members serve on the Committee in a
voluntary capacity. However, EPA may provide reimbursement for travel
expenses associated with official government business.

II. Eligibility

    Because of the nature of the issues to be discussed, it is the
intent of the Agency for the majority of Committee members to be
actively engaged in farming or ranching. The membership of this
committee will include a balanced representation of interested persons
with relevant experience to contribute to the functions of the
committee and will be drawn from a variety of relevant sectors. Members
may represent farmers, ranchers, and rural communities (can include
large, small, crop, livestock, commodity, and specialty producers from
various regions)--and their allied industries (farm groups, rural
suppliers, marketers, processors, etc.); as well as the academic/
research community who research environmental issues impacting
agriculture, tribal agriculture groups, state, local, and tribal
government, and environmental/conservation and other nongovernmental
organizations. Individuals are generally appointed to serve on the
FRRCC as ``Representative'' members and are thus expected to represent
the points of view of a particular group (e.g., an industry sector),
rather than provide independent judgment and expertise. Other Federal
agencies and other sectors as appropriate may be invited to attend or
provide presentations at committee meetings as non-members.
    In accordance with Executive Order 14035 (June 25, 2021), EPA
values and welcomes opportunities to increase diversity, equity,
inclusion and accessibility on its federal advisory committees. EPA's
federal advisory committees have a workforce that reflects the
diversity of the American people.
    In selecting committee members, EPA will consider each candidate's
qualifications including, but not limited to, on whether the candidate
is:
     Is actively engaged in farming.
     Occupies a senior position within their organization.
     Holds leadership positions in ag-related organizations,
businesses and/or workgroups.
     Has broad agricultural experience regardless of their
current position.
     Has experience working on issues where building consensus
is necessary.
     Has membership in professional societies, broad-based
networks or the equivalent.
     Has extensive experience in the environmental field
dealing with agricultural issues.
     Provides services to producers.
     Is involved in processing, retailing, manufacturing and
distribution of agricultural products.
     Possesses a professional knowledge of agricultural issues
and environmental policy.
     Possesses a demonstrated ability to examine and analyze
complicated environmental issues with objectivity and integrity.
     Possesses excellent interpersonal as well as oral and
written communication skills.
     Possesses an ability and willingness to participate in a
deliberative and collaborative process.
    In addition, well-qualified applicants must be prepared to process
a substantial amount of complex and technical information and have the
ability to volunteer several hours per month to the Committee's
activities, including participation in teleconference meetings and
preparation of text for Committee reports.

III. Nominations

    Any interested person or organization may submit the names of
qualified persons, including themselves. To be considered, all
nominations should include the information requested below:
     Current contact information for the nominee, including the
nominee's name, organization (and position within that organization),
business address, email address, and daytime telephone number(s).
     A brief statement describing the nominee's interest and
availability in serving on the FRRCC. Please also include the following
information, as available: (1) The nominee's ability to serve as a
``Representative'' member and represent the point of view of a group
(e.g., an industry sector) rather than provide independent judgment and
expertise; (2) if the nominee has any prior/current service on Federal
advisory committees, and the number of years.
     R[eacute]sum[eacute] or curriculum vitae detailing the
nominee's background, experience and qualifications and other relevant
information.
    Letters of support and recommendation will be accepted but are not
mandatory. To help the agency evaluate the effectiveness of its
outreach efforts, please indicate how you learned of this nomination
opportunity.
    Other sources, in addition to this Federal Register notice, may be
utilized in the solicitation of nominees. EPA expressly values
diversity, equity, and inclusion, and encourages the nominations of
interested individuals from diverse backgrounds. Individuals may self-
nominate.

Rodney Snyder,
Senior Advisor for Agriculture, EPA.
[FR Doc. 2022-06741 Filed 3-29-22; 8:45 am]
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