[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37905-37911]
[FR Doc No: 2022-13495]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0049]

Federal-State Partnership for Intercity Passenger Rail Program;
Northeast Corridor Project Inventory

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

ACTION: Notice of Proposed Approach (Notice) to the Northeast Corridor
Project Inventory and the Federal-State Partnership for Intercity
Passenger Rail Program for Northeast Corridor projects.

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SUMMARY: FRA is publishing this Notice to describe its proposed
approach to the development of the Northeast Corridor (NEC) project
inventory (NEC Project Inventory), which is a required component of the
Federal-State Partnership for Intercity Passenger Rail Program
(Partnership Program). FRA is required to publish an NEC Project
Inventory not later than one year after the enactment of the
Infrastructure Investment and Jobs Act, also known and the Bipartisan
Infrastructure Law (BIL). The NEC Project Inventory must be updated at
least every two years.

DATES: Written comments on this Notice must be received on or July 25,
2022.

ADDRESSES: Comments should refer to docket number FRA-2022-0049 and be
submitted at https://www.regulations.gov. See Section V for further
information.

FOR FURTHER INFORMATION CONTACT:  For additional information, please
contact Amishi Castelli, Northeast Corridor Program Manager, Office of
Policy and Planning, at email: [email protected] or telephone:
202-845-4394, or Bryan Rodda, Lead Community Planner, Office of Policy
and Planning, at email: [email protected] or telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview
    A. Background on Northeast Corridor Planning
    B. Authority
    C. Definitions
II. Eligibility
    A. Applicant Eligibility
    B. Project Eligibility
III. NEC Project Inventory Development
IV. Program Administration
    A. NEC Project Inventory and Notice of Funding Opportunity
Publication
    B. Project Selections
    C. Letters of Intent and Phased Funding Agreements
V. Comments
VI. Next Steps

I. Overview

A. Background on Northeast Corridor Planning

    The NEC is the most heavily used passenger rail corridor in the
United States. Pre-COVID-19, the NEC served over 800,000 daily
passengers traveling on more than 2,000 daily commuter and intercity
trains and supported 50-60 daily freight trains.
    In 2017, FRA presented its vision for growth along the NEC with the
NEC FUTURE Record of Decision. See www.fra.dot.gov/necfuture/tier1_eis/rod/. The Northeast Corridor Commission (NEC Commission), composed of
18 members, including representatives from each of the eight Northeast
Corridor states, the District of Columbia, Amtrak, and the U.S.
Department of Transportation, subsequently developed an implementation
plan (CONNECT NEC 2035 or C35) to deliver the first 15-year phase of
investment to realize the NEC FUTURE vision. The NEC Commission issued
C35 in July 2021. C35 identified and provided a sequencing and delivery
strategy for completing projects to eliminate the state of good repair
backlog on--and modernize and make targeted improvements to--the NEC.
See http://nec-commission.com/connect-nec-2035/. The NEC Commission is
currently updating C35 to reflect the updated project information and
better consider workforce and funding constraints.

B. Authority

    The Partnership Program was reauthorized and revised in the BIL,
Title II, Sec. Sec.  22106 and 22307, Public Law 117-58 (2021);
codified at 49 U.S.C. 24911. Under the Partnership Program, the
Secretary of Transportation (Secretary) is directed to develop and
implement a program for issuing grants to applicants, on a competitive
basis, to fund projects that reduce the state of good repair backlog,
improve performance, or expand or establish new intercity passenger
rail service, including privately operated intercity passenger rail
service if an eligible applicant is involved. The Partnership Program
revisions in the BIL require the Secretary to, among other things,
develop and publish an NEC Project Inventory to (1) create a
predictable project pipeline that will assist Amtrak, States, and the
public with long-term capital planning, and (2) use the NEC Project
Inventory when selecting projects located on the NEC for Partnership
Program funds. 49 U.S.C. 24911. FRA is delegated the authority under
the BIL to establish and administer the Partnership Program. 49 CFR
1.89(a).
    FRA encourages NEC stakeholders to submit comments to this Notice
consistent with the directions below. FRA will consider these comments
in developing the NEC Project Inventory and the associated Notice of
Funding Opportunity (NOFO) for the Partnership Program. As described
below, FRA plans to publish the NEC Project Inventory, consistent with
the BIL, in November 2022, with the NOFO for projects on the NEC
following closely after.

C. Definitions 1
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    \1\ The definitions used in this Notice are consistent with
FRA's Draft Guidance on Development and Implementation of Railroad
Capital Projects, currently available for public comment at https://www.regulations.gov (docket number FRA-2022-0035). To the extent
necessary, FRA will update definitions in the NOFO.
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    Construction Stage: the Lifecyle Stage of a project following the
Final Design Lifecycle Stage and during which the project is completely
built and placed into operational use. This stage may include physical
construction, procurement of vehicles and equipment, project
administration, testing of equipment as appropriate, systems
integration testing, workforce training, system certification,
procurement of insurance, pre-revenue service, and start-up testing.
    Defined Capital Renewal Projects: a geographically integrated set
of activities to repair, replace, or modernize basic infrastructure
assets along a corridor section that is executed in accordance with a
defined scope, schedule, and budget. Basic infrastructure assets
include rails, ties, ballast, communication systems, electric traction
power systems, and undergrade bridges.
    Final Design Stage: the Lifecyle Stage of a project following the
Project Development Lifecycle Stage during which the project design is
advanced to be ready for construction. This stage includes development
of final engineering plans and specifications necessary for
construction of the project; securing agreements (including

execution of cost share agreements) necessary to construct and operate
the project; and demonstration of commitment of the financial resources
necessary to complete the project. This stage may include completion of
property acquisition, and early construction or relocations and
procurement of equipment and materials, if permissible under applicable
law.
    Improvement Projects: those projects to improve reliability,
increase capacity, reduce travel time, or improve the customer
experience by replacing existing assets with superior ones or
introducing new assets to existing NEC infrastructure, facilities, and
equipment capabilities.
    Lifecycle Stage: consecutive stages of a project as applicable, to
include Project Planning Stage, Project Development Stage, Final Design
Stage and Construction Stage. Each sequential stage involves specific
project activities including the preparation of appropriate project
management documents. FRA evaluates project readiness for a subsequent
lifecycle stage when considering a project for funding.
    Major Backlog Projects: those projects necessary to achieve a state
of good repair, but that are not undertaken on a routine basis, such as
rehabilitation or replacement of major bridges and tunnels. As with all
capital projects, Major Backlog Projects involving replacement of a
major structure should contemplate all work associated with that
replacement as a single project. As of the publication of this Notice,
the NEC Commission has identified Major Backlog projects on the NEC as:

1. Baltimore and Potomac Tunnel Replacement
2. Bush River Bridge Replacement
3. Connecticut River Bridge Replacement
4. East River Tunnel Rehabilitation
5. Gunpowder River Bridge Replacement
6. Pelham Bay Bridge Replacement
7. Susquehanna River Bridge Replacement
8. Cos Cob Bridge Replacement
9. Devon Bridge Replacement
10. Saugatuck River Bridge Replacement
11. Walk Bridge Program
12. Hudson Tunnel Project
13. Sawtooth Bridges Replacement Project
14. Portal North Bridge Project
15. Highline Renewal and State of Good Repair

    Major Capital Project: a project with an estimated Total Project
Cost equal to or greater than $300 million and has, or is anticipated
to request, $100 million or more in Federal financial assistance.
    Stations Projects: those projects to repair, replace, modernize or
improve an existing station, occurring primarily within the boundaries
of the station property, or projects to construct an expanded, new or
replacement station.
    Northeast Corridor: the main rail line between Boston,
Massachusetts and the District of Columbia; the branch rail lines
connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and
Spuyten Duyvil, New York; and facilities and services used to operate
and maintain the main and branch rail lines described above. 49 U.S.C.
24911(a)(3).\2\
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    \2\ While other definitions for the NEC exist, this definition
is used in the Partnership Program and is consistent with definition
used in 49 U.S.C. 24904(e).
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    Northeast Corridor Capital Investment Plan (NEC CIP): the planning
document developed by the NEC Commission pursuant to 49 U.S.C. 24904(b)
and any subsequent updates to such document (available at http://nec-commission.com/documents/).
    Northeast Corridor Project (NEC Project): a project located on, or
in primary use for, the NEC, consistent with 49 U.S.C. 24911(d)(1).
    Northeast Corridor Service Development Plan: the planning document
developed by the NEC Commission pursuant to 49 U.S.C. 24904(a) and any
subsequent updates to such document or associated analyses. As of the
time of this Notice, the existing Northeast Corridor Service
Development Plan is known as CONNECT NEC 2035.
    Planning Studies: those projects which include only planning
activities such as railroad transportation market forecasting,
operations analysis, fleet planning, cost analysis, station and
facility planning, environmental resource consideration, and other
similar activities. Planning studies have no associated construction in
their current form. Planning Studies only have one Lifecycle Stage, the
Project Planning Stage.
    Project Development Stage: the Lifecyle Stage of a project,
following the Planning Stage, during which project design,
environmental and other studies are advanced to ensure the project is
ready for implementation. This stage includes completion of the
environmental review process required under the National Environmental
Policy Act (NEPA) and other related environmental laws, and advancement
of the permitting processes as appropriate; completion of preliminary
engineering and other design disciplines to develop estimates of risk,
costs, benefits, and impacts, and sufficient to advance to Final
Design; and identification of financial resources necessary to complete
the project.
    Project Planning Stage: the Lifecyle Stage of a project during
which project concepts are identified to adequately address
transportation needs and opportunities. The purpose of the Project
Planning Stage is to identify and compare the costs, benefits, and
impacts of project options as a means of providing private and
government decisionmakers with information to reach transportation
solutions. This stage includes the following activities to demonstrate
a practical project proposal that addresses a clear project need and
support of participant stakeholders: development of conceptual design
to establish the type and scope of capital improvements to be made;
advancement of technical studies (e.g., railroad transportation market
forecasting, operations analysis, etc.); and engagement of stakeholders
and the public as appropriate.
    Project Sponsor: the entity responsible for implementing a project
that may also be an applicant seeking or grantee receiving Federal
financial assistance.
    Project Type: a categorization as either Major Backlog Projects,
Defined Capital Renewal Projects, Improvement Projects, Stations
Projects, or Planning Studies.
    Shared Benefit Projects: projects that benefit both intercity and
commuter rail services.
    Total Project Cost: the aggregate estimated cost for all remaining
Lifecycle Stages in year-of-expenditure dollars that accounts for
inflation and appropriate contingency amounts.

II. Program Eligibility

A. Eligible Applicants

    The following entities are eligible to submit applications for
Partnership Program funds: a State (including the District of
Columbia); a group of States; an Interstate Compact; a public agency or
publicly chartered authority established by one or more States; a
political subdivision of a State; Amtrak, acting on its own behalf or
under a cooperative agreement with one or more States; a Federally
recognized Indian Tribe; or any combination of these entities.
    The following is a non-exhaustive list of potential eligible
Project Sponsors for NEC Projects:

--States, including the District of Columbia, Maryland, Delaware,
Pennsylvania, New Jersey, New York,

Connecticut, Rhode Island, and Massachusetts;
--Public agencies or publicly chartered authorities established by one
or more States, including the Maryland Transit Administration,
Southeastern Pennsylvania Transportation Authority, New Jersey Transit
Corporation, New York Metropolitan Transportation Authority, and
Massachusetts Bay Transportation Authority; and
--Amtrak (formally known as the National Railroad Passenger
Corporation).

    In addition to the list above, other existing or future entities
whose applications demonstrate that they satisfy the eligible applicant
criteria may apply forand potentially receive--Partnership Program
funding.

B. Eligible Projects

    For a project to be eligible for NEC Partnership Program funding, a
project must be an NEC Project and be included on the NEC Project
Inventory consistent with 49 U.S.C. 24911(c). Under 49 U.S.C. 24911(c),
the following projects, including acquisition of real property
interests, are eligible to receive grants under the Partnership
Program:
    (1) A project to replace, rehabilitate, or repair infrastructure,
equipment, or a facility used for providing intercity passenger rail
service to bring such assets into a state of good repair;
    (2) A project to improve intercity passenger rail service
performance, including reduced trip times, increased train frequencies,
higher operating speeds, improved reliability, expanded capacity,
reduced congestion, electrification, and other improvements, as
determined by the Secretary;
    (3) A project to expand or establish new intercity passenger rail
service;
    (4) A group of related projects described in paragraphs (1) through
(3); and
    (5) The planning, environmental studies, and final design for a
project or group of projects described in paragraphs (1) through
(4).\3\
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    \3\ Applications for these activities under this eligibility
category will be considered independently, regardless of whether the
application also requests project funding for subsequent Lifecycle
Stages such as Final Design Stage and Construction Stage.
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    Consistent with these requirements and the prohibition at 49 U.S.C.
22905(f),\4\ NEC Projects that solely benefit commuter rail passenger
transportation are not eligible to receive Partnership Program funding
and will not be included in the NEC Project Inventory, even if such
projects are included in the NEC CIP or C35. Partnership Program
projects must result in reasonable investments for intercity rail
passenger transportation. Such projects may be located on shared
corridors with commuter rail passenger transportation and may benefit
both intercity and commuter services. In this Notice, such projects are
referred to as Shared Benefit projects. NEC Projects may also benefit
freight rail service.
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    \4\ Under 49 U.S.C. 24911(i), Partnership Program grants are
subject to the conditions in 49 U.S.C. 22905.
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III. NEC Project Inventory

    FRA's development of the NEC Project Inventory will be consistent
with the requirements of 49 U.S.C. 24911(e).
    FRA views the NEC Project Inventory as a logical outgrowth of the
collaborative planning efforts and project pipeline development work
completed as part of the NEC Commission's C35 and NEC CIP. In
developing the NEC Project Inventory, FRA will rely in large part on
C35, analyses and new information considered in updates to C35, and the
NEC CIP (collectively referred to in this Notice as NEC Commission
Planning Documents). FRA intends to rely on the best available
information from these sources as of August 2022 to inform the first
NEC Project Inventory. FRA will not accept requests from eligible
entities to add their projects to the NEC Project Inventory, but rather
FRA seeks public comment on the approach in developing the NEC Project
Inventory via this Notice.
    Following initial publication of the NEC Project Inventory, FRA
will update it every two years at minimum, consistent with 49 U.S.C.
24911(e).

A. FRA's Approach To Developing the NEC Project Inventory

    This section describes FRA's interpretation of each of the NEC
Project Inventory requirements from Sec.  24911(e). FRA will develop an
inventory that:
    (1) Identifies capital projects for Federal investment, project
applicants, and proposed Federal funding levels. 49 U.S.C. 24911(e)(1).
    The NEC Project Inventory will include NEC Projects in all
Lifecycle Stages and identify Project Sponsors for each project. FRA
will review the NEC Commission Planning Documents and other sources of
project information as appropriate to identify projects for inclusion
on the NEC Project Inventory and preliminarily assess project
eligibility under the Partnership Program.
    In general, each project FRA finds eligible for funding under the
Partnership Program will receive an individual entry on the NEC Project
Inventory summarizing the project's scope, schedule, and cost
information. If Defined Capital Renewal Projects are still in
development and therefore not specifically identified in NEC Commission
Planning Documents or other sources of information at the time of
publication of the NEC Project Inventory, the FRA may identify and
allocate proposed funding in the NEC Project Inventory for such
projects that may become ready for funding after publication of the
then-current NEC Project Inventory but prior to the next NEC Project
Inventory update.
    FRA will identify project applicants based on the Project Sponsor
identified in the NEC Commission Planning Documents and other sources
of project information as appropriate.
    Proposed Partnership Program Federal funding levels for NEC Project
Inventory projects may be described either in percentage levels (i.e.,
percentage of total cost comprising Partnership Program funding in the
project) or amounts.
    Section IVA of this Notice (Program Administration) discusses
initially available funds for the Partnership Program, and states that
proposed funding levels on the NEC Project Inventory are not
commitments, selections, or obligations of Federal funding, and are
subject to changes identified under Section IVB.
    (2) Specifies the order in which the Secretary will provide grant
funding to projects that have identified sponsors and are located along
the Northeast Corridor, including a method and a plan for apportioning
funds to project sponsors for the two-year period, which may be altered
by the Secretary, as necessary, if recipients are not carrying out
projects in accordance with the anticipated schedule. 49 U.S.C.
24911(e)(2).
NEC Project Inventory Order
    FRA will specify the order of funding for the identified NEC
Projects over a two-year period starting from the publication of the
NEC Project Inventory. In specifying the order of funding, FRA will
group projects on the NEC Project Inventory based on the project's
anticipated start year for the lifecycle stage for which Project
Sponsors are expected to request Partnership Program funding. FRA will
allocate a small portion of Partnership Program funding to Planning
Studies. FRA will then prioritize projects by

Project Type and, within Project Type, by Lifecycle Stage,\5\ as
follows:
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    \5\ Within the NEC Project Inventory, FRA will consider
allocating funding to multiple Lifecycle Stages.
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First Priority
    Major Backlog Projects in the following order based on Lifecycle
Stage: (1) Project Planning Stage (2) Project Development Stage; (3)
Final Design Stage; and (4) Construction Stage;
Second Priority
    Defined Capital Renewal Projects in the following order based on
Lifecycle Stage: (1) Project Planning Stage (2) Project Development
Stage; (3) Final Design Stage; and (4) Construction Stage;
Third Priority
    Improvement and Stations Projects in the following order based on
Lifecycle Stage: (1) Construction Stage; (2) Final Design Stage; (3)
Project Development Stage; and (4) Project Planning Stage.
    Once projects have been prioritized, FRA will preliminarily assess
readiness.\6\ In assessing readiness for the anticipated start year,
FRA will review the NEC Commission Planning Documents and other sources
of project information as appropriate to understand the following
information, which may vary in completeness based on Lifecycle Stage of
the project:
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    \6\ FRA will confirm readiness as part of the evaluation and
selection process conducted for applications received in response to
the NOFO for the Partnership Program (see Section IVB).
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    Lifecycle Stage: The Project Sponsor's completion of prior
Lifecycle Stage work;
    Environmental risk: The project's environmental and permitting
approvals, and likelihood of obtaining the any outstanding approval(s)
affecting project obligation and completion;
    Technical capacity: The Project Sponsor's capacity to successfully
deliver the project in compliance with applicable Federal requirements;
and
    Financial completeness: For projects requiring funding for
Lifecycle Stages beyond Project Development, the likelihood that
sufficient financial resources are available to complete the project;
for projects requiring funding for the Planning and Project Development
Lifecycle Stages, the likelihood that sufficient financial resources
are available to complete those Stages.
    Funding Shares: For Shared Benefit projects, the proposed intercity
passenger rail share, commuter rail share, and local share (if
different from the combined intercity passenger rail share and commuter
rail share) of the Total Project Costs.
    FRA will also consider consistency with the United States
Department of Transportation (USDOT) Strategic Goals. FRA will
qualitatively determine, based on information in the NEC Commission
Planning Documents and other sources of project information as
appropriate, whether projects address the goals (described in detail at
https://www.transportation.gov/dot-strategic-plan) of safety, economic
strength and global competitiveness, equity, climate and
sustainability, transformation of the transportation system to serve
current and future transportation challenges, and organizational
excellence that advances the mission of the USDOT.
Method and Plan for Apportioning Funds
    In the NEC Project Inventory, FRA will identify proposed
allocations for identified projects over a two-year period from the
date of publication of the Inventory. The NEC Project Inventory will
also describe FRA's method and plan for making such allocations.
    (1) For Major Backlog Projects that will begin or are anticipated
to begin the Construction Stage prior to Federal fiscal year 2027 and
are selected for an award under the Partnership Program's competitive
process, FRA intends to allocate sufficient funding to pay a Federal
share up to 80 percent of Total Project Costs. For such projects, using
NEC Commission Planning Documents and other sources of project
information as appropriate, FRA will identify: the amount of funding,
if any, received or committed from another Federal financial assistance
program; and, the amount of funding, if any, that a project sponsor has
requested a Federal agency consider including as part of a Federal
funding recommendation. FRA will then allocate Partnership Program
funding based on the remaining Total Project Cost. FRA may use Letters
of Intent or Phased Funding Agreements discussed in subsection IVC
below for this purpose.
    (2) For Defined Capital Renewal Projects and Planning Studies that
are selected for an award under the Partnership Program's competitive
process, FRA may allocate a Federal share up to 80 percent of Total
Project Costs.
    (3) For certain Station Projects and Improvement Projects that are
selected for an award under the Partnership Program's competitive
process, Project Sponsors may be required to provide a greater than 20
percent non-Federal match. Specifically, for these projects, FRA will
consider allocating the remaining Partnership Program funds
commensurate with the intercity passenger rail benefits of the project.
    As discussed in Program Administration (Section IV), proposed
funding levels on the NEC Project Inventory are not commitments,
selections, or obligations of Federal funding. The NEC Project
Inventory identifies potential Projects and Project Sponsors expected
to submit applications in response to the Partnership Program NOFO, and
represents FRA's best understanding of the anticipated Partnership
Program funding requests at the time of publication of the NEC Project
Inventory. Award selections and award amounts may differ from the
allocations and projects identified in the NEC Project Inventory.
    Inclusion on the NEC Project Inventory does not limit Project
Sponsors' ability to pursue and receive Federal financial assistance
through other programs. Projects receiving funding commitments from
other programs will enable the Partnership Program to fund additional
projects.
    FRA anticipates that the NEC Project Inventory published in Fall
2022 will identify NEC Projects with an anticipated start year in
calendar years 2023-2024 for the lifecycle stage for which Project
Sponsors are expected to request Partnership Program funding.
Subsequent updates to the NEC Project Inventory will identify projects
underway, projects with Letters of Intent or Phased Funding Agreements
in effect, and NEC Projects ready for funding in the subsequent two-
year periods.
Alterations to the NEC Project Inventory
    FRA may alter the NEC Project Inventory as necessary if recipients
are not carrying out projects in accordance with the anticipated
schedule. Such changes will be incorporated into subsequent updates to
the NEC Project Inventory.
    (3) Takes into consideration the appropriate sequence and phasing
of projects described in the Northeast Corridor capital investment plan
developed pursuant to Sec.  24904(b); and is consistent with the most
recent Northeast Corridor service development plan update described in
Sec.  24904(a). 49 U.S.C. 24911(e)(3)-(4).
    FRA will rely on the NEC Commission Planning Documents when
developing the NEC Project Inventory. To the greatest extent feasible,
FRA will ensure consistency between the NEC

Commission Planning Documents and the NEC Project Inventory, directly
incorporating information provided in the NEC Commission Planning
Documents into the NEC Project Inventory. Such information may include
sequencing and phasing project information, if available, as well as
project names, Lifecycle Stage, Total Project Cost, project
descriptions and scope, proposed start and end dates, and similar
information.
    (4) Takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant
funding levels for the next 5 fiscal years based on information
currently available to the Secretary. 49 U.S.C. 24911(e)(5).
    For a project identified on the NEC Project Inventory, FRA will
identify, using NEC Commission Planning Documents and other sources of
project information as appropriate, the amount of Federal funding, if
any, that a project sponsor has received, or has requested a Federal
agency consider including as part of a Federal funding recommendation,
for all or a portion of Total Project Costs from non-Partnership
Program funding. FRA will then allocate available Partnership Program
funding based on the remaining amounts necessary to complete the
project or project Lifecycle Stage(s). For example, if an NEC Project
included on the NEC Project Inventory has received an award from
another Federal source (e.g., a USDOT modal agency or non-USDOT
source), FRA would allocate Partnership Program funds solely to the
unfunded remainder.
    Unless specifically provided for in law, funding from other Federal
programs counts toward the not-to-exceed 80 percent Federal share
maximum for any project receiving Partnership Program funds. For
example, if a project with a $100 million Total Project Cost receives a
$20 million award from the Federal Transit Administration, FRA's
Partnership Program contribution would be capped at $60 million to
ensure the total Federal share from all Federal sources does not exceed
80 percent of the Total Project Cost.
    (5) Is developed in consultation with the Northeast Corridor
Commission and the owners of Northeast Corridor infrastructure and
facilities. 49 U.S.C. 24911(e)(6).
    This Notice is one component of FRA's consultation process with the
NEC Commission and owners of NEC infrastructure and facilities. This
Notice also permits interested industry and public sector entities and
the public to comment on FRA's proposed approach to the NEC Project
Inventory (see Section V). FRA's goal in publishing this Notice is to
provide transparency about FRA's approach to developing the NEC Project
Inventory, consult with the NEC Commission and the owners of the NEC
infrastructure and facilities as required under 49 U.S.C. 24911(e)(6),
and ultimately maximize efficiency and deliver the greatest benefits in
implementing the Partnership Program for NEC Projects.

IV. Program Administration

A. Publication of NEC Project Inventory and Notice of Funding
Opportunity

    FRA will publish the NEC Project Inventory no later than November
15, 2022, and not less often than every other year thereafter. Projects
and allocations in the NEC Project Inventory are not funding
commitments and Project Sponsors must proceed through a competitive
grant process and be selected for funding. Following publication of the
initial NEC Project Inventory, FRA will publish a NOFO soliciting
applications for eligible projects identified on the NEC Project
Inventory. FRA intends to simplify the application solicitation where
possible to both leverage the substantial information included in the
NEC Project Inventory and the NEC Commission's Planning Documents, and
to reduce application burden on Project Sponsors. The NOFO will
describe the Program's requirements, the evaluation and selection
criteria that each application will be expected to address, and outline
the broader USDOT goals that selections made under this Program will
help contribute towards. Additional information, such as the required
documentation that will be included for a streamlined application
package, will be further articulated in the NOFO. FRA also intends to
streamline the selection and obligation process.
    The NOFO is anticipated to make funds available that are
appropriated in the Consolidated Appropriations Act, 2022, Public Law
117-103 and in Title VIII of the BIL, and any additional funding
available at the time the NOFO is issued, such as fiscal year 2023
appropriations. Such annual appropriations may have different funding
restrictions and requirements than currently available funding. If
applicable, these differences will be summarized in the NOFO. Grantees
must comply with all applicable Consolidated Appropriations Act, 2022,
and other relevant requirements.

B. Project Selections

    FRA will make project selections for Partnership Program funding
consistent with the NEC Project Inventory, unless when necessary to
address materially changed infrastructure or service conditions,
changes in Project Sponsor capabilities or commitments, or other
significant changes since the completion of the most recently issued
NEC Project Inventory. Variation in amounts allocated on the NEC
Project Inventory and the amounts requested in Partnership Program
applications and selections may result in FRA updating the NEC Project
Inventory more frequently than every two years.
    Materially changed infrastructure or service conditions may result
from external events such as natural disasters or pandemics, or events
such as asset failures or loss of functionality that sever or impede
normal infrastructure and service conditions.
    Changes in Project Sponsor capabilities or commitments may include
changes to fiscal capacity or organizational resources that limit or
expand a Project Sponsor's ability to implement projects on the NEC
Project Inventory.
    Other significant changes may include a project receiving funding
from other Federal or non-Federal sources that changes the project's
need for Partnership Program funding, future Congressional direction,
or projects that achieve (or fail to achieve) expected readiness
milestones earlier (or later) than anticipated at the time the most
recent NEC Project Inventory was issued.
Evaluation and Selection Process
    FRA will review and evaluate applications received in response to
the NOFO for consistency with the NEC Project Inventory, eligibility,
and completeness. Ineligible and incomplete applications and
applications for projects that are not on the NEC Project Inventory
will not be evaluated for selection. Project Sponsors of rail projects
who are ineligible to receive Partnership Program funding, who are not
selected for Partnership Program funds, or who receive less than the
requested Partnership Program funding amount, are encouraged to
consider other FRA and Departmental grant programs which are found at
https://railroads.dot.gov/grants-loans/competitive-discretionary-grant-programs/competitive-discretionary-grant-programs and https://www.transportation.gov/grants.
    FRA intends to evaluate applications by taking into account the
following factors:

--Proposed amount and commitment of non-Federal match and/or other
Federal funds;
--Factors indicating project readiness for funding:

    Lifecycle Stage: FRA will assess the applicant's completion of
prior Lifecycle Stage work;
    Environmental risk: FRA will assess the project's environmental and
permitting approval(s) and likelihood of any outstanding approval(s)
affecting project obligation or completion;
    Technical capacity: FRA will assess the applicant's capacity to
successfully deliver the project in compliance with applicable Federal
requirements;
    Financial completeness: FRA will assess identified financial
resources necessary to complete the project. For a Project where an
applicant is requesting funding for the Final Design and/or
Construction Lifecycle Stages of projects, FRA will assess
demonstration of commitment of the financial resources through the
completion of the project.
--Consistency with Strategic Goals: FRA will assess, via a review of
quantitative and/or qualitative metrics as appropriate, the extent to
which a project achieves outcomes consistent with the following
Strategic Goals (further detail at https://www.transportation.gov/dot-strategic-plan), to include safety, economic strength and global
competitiveness, equity, climate and sustainability, transformation of
the transportation system to serve current and future transportation
challenges, and organizational excellence that advances the mission of
the Department of Transportation.

    FRA will make NEC Project selections or project component
selections for Partnership Program funding consistent with the priority
in the NEC Project Inventory as required under 49 U.S.C.
24911(d)(1)(A). Selected project scope, schedule and costs may vary
from the NEC Project Inventory as a result of specific funding
requests, detailed and updated application submissions, and FRA's
assessment of the evaluation factors described above. Variation in
amounts allocated on the NEC Project Inventory and the amounts
requested in Partnership Program applications and selections may result
in FRA updating the NEC Project Inventory more frequently than every
two years.
Shared Benefit Projects
    Shared Benefit Projects are eligible for Partnership Program
funding. In evaluating applications for such projects, FRA will
consider if the proposed project would be a reasonable investment in
intercity passenger rail transportation separate from consideration of
the proposed project's benefits to commuter railroad passenger
transportation. FRA anticipates a substantial number of Shared Benefit
projects will be included in the NEC Project Inventory since a majority
of the NEC territory has shared operation, and thus resulting benefits,
between intercity and commuter services.
    For Shared Benefit Projects, FRA will only make such selections
when Amtrak and the public authorities providing commuter rail
transportation at the eligible project location:
    (1) Are in compliance with 49 U.S.C. 24905(c)(2);
    (2) Have identified funding for the intercity passenger rail share,
the commuter rail share, and the local share of the eligible project
before the commencement of the project in applications responsive to
the NOFO. Development of the appropriate funding shares is the
responsibility of the Project Sponsor in coordination with its project
partners;
    (3) Have demonstrated a fair allocation of financial responsibility
between intercity and commuter rail transportation. For this purpose,
Project Sponsors will be asked to provide in their applications a
breakdown of the Total Project Cost and costs previously incurred
(including for previous Lifecycle Stages) identified by funding source
and provider. FRA will consider such costs in determining whether there
has been a fair allocation of financial responsibility between
intercity and commuter rail transportation.
Non-Federal Match
    The Partnership Program requires, at 49 U.S.C. 24911(f)(2), that
the Federal share of Total Project Costs for a project shall not exceed
80 percent.\7\ The NOFO will state FRA's willingness to fund projects
up to the 80 percent maximum Federal share of the Total Project Costs.
Project Sponsors and their project partners will be responsible for a
minimum 20 percent non-Federal share for Partnership Program grants.
Consistent with Section IIIA of this Notice, FRA will expect Project
Sponsors to propose a greater than 20 percent local match for certain
Improvement and Station Projects and project components.
---------------------------------------------------------------------------

    \7\ In an apparent drafting error, 49 U.S.C. 24911(f)(2) states
the Federal share ``shall not exceed 80 percent, except as specified
under paragraph (4)'' of part (f), however no such paragraph (4)
exists. FRA's interpretation of this language is that all
Partnership Program projects are subject to the ``shall not exceed
80 percent'' requirement specified in 49 U.S.C. 24911(f)(2).
---------------------------------------------------------------------------

    Total Project Costs shall be based on the best available
information, including engineering studies, studies of economic
feasibility, environmental analyses, and information on the expected
use of equipment or facilities. FRA believes the NEC Commission
Planning Documents are among the best available information and will
use those documents and other sources of project information as
appropriate when validating Total Project Costs estimates.

C. Letters of Intent and Phased Funding Agreements

    A Letter of Intent (LOI), authorized at 49 U.S.C. 24911(g)(1), is a
letter from FRA to a grantee announcing ``an intention to obligate'' an
amount to its project from future budget authority. LOIs are contingent
commitments and not binding obligations of the Federal government. LOIs
demonstrate FRA's intent to provide future Final Design and
Construction Lifecycle Stage funding for Major Capital Projects
assuming successful completion of Project Planning and Project
Development Lifecycles for the project. FRA anticipates issuing LOIs
primarily to projects currently in, or beginning, the Project
Development Lifecycle Stage. In issuing the LOI, FRA may outline
conditions and/or define readiness thresholds which the grantee may use
to inform future funding requests for Partnership Program funds.
    A Phased Funding Agreement (PFA), authorized at 49 U.S.C.
24911(g)(2), is an agreement associated with the obligation of an
initial grant award under the Partnership Program. FRA may enter into a
PFA with a Project Sponsor if:
    (1) the project is highly rated, based on the evaluations and
ratings described in the Partnership Program NOFO and as conducted by
FRA, and
    (2) the Federal assistance to be provided for the project under the
Partnership Program is more than $80 million.
    FRA may consider additional factors in determining whether a PFA is
the appropriate funding approach for a project. A PFA shall:
    (1) establish the terms of participation by the Federal Government
in the project;
    (2) establish the maximum amount of Federal financial assistance
for the project;
    (3) include the period of time for completing the project, even if
such period extends beyond the period for which Federal financial
assistance is authorized;

    (4) make timely and efficient management of the project easier in
accordance with Federal law; and
    (5) if applicable, specify when the process for complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
related environmental laws will be completed for the project.
    FRA will evaluate projects that meet the aforementioned
requirements and consider if a PFA is an appropriate funding approach
for a project. FRA anticipates limiting the use of PFAs to projects
that are currently in, or beginning, the Final Design and/or the
Construction Lifecycle Stages. FRA expects to issue PFAs for Major
Backlog projects ready for Final Design and/or the Construction
Lifecycle Stages to reflect the higher priority placed on these
projects by FRA (see Section IIIA), thus providing project sponsors a
higher degree of certainty that Federal funds will be available to
complete the project. PFAs are contingent commitments and are not
financial obligations of the Federal government. However, unlike LOIs,
PFAs are agreements relating to the obligation of future funds and FRA
commits to provide funding as specified in the PFA for the duration of
the project, as long as the grantee continues to meet the terms of the
PFA and Congress appropriates sufficient Partnership Program funding
for such purpose. For a project with a PFA, FRA may provide grant
funding in phases consistent with the terms of the PFA and within the
established maximum amount of Federal financial assistance for the
project.
    The NEC Project Inventory will not identify projects for LOIs or
PFAs, as those determinations will be made based on applications during
project selection. In response to the NOFO, applicants may identify and
describe project phases or elements that could be candidates for
subsequent Partnership Program funding and may request LOIs or PFAs for
their projects, as appropriate. See 49 U.S.C. 24911(g) for detailed
information on LOIs and PFAs.

V. Comments

    The purpose of this Notice is to provide transparency about FRA's
proposed approach to developing the NEC Project Inventory, consult with
the NEC Commission and the owners of the NEC infrastructure and
facilities as required under 49 U.S.C. 24911(e)(6). FRA's proposed
approach to the NEC Project Inventory and Partnership Program
Implementation may change following consultation.
    FRA encourages interested parties to submit a comment pertinent to
the information in this Notice in docket number FRA-2022-0049,
available at https://www.regulations.gov. Searches may be conducted by
using the docket number and comments may be submitted by following the
instructions provided. All comments will be due 30 days after the
publication date of this Notice. All submissions must include docket
number for this Notice. In order to facilitate comment tracking and
response, we encourage commenters to provide their name.
    While interested parties are not required to provide comments in
the following areas, FRA is seeking targeted comment on the following
specific areas:
    (1) Information, if any, that may be missing or inaccurate if FRA
relies primarily on the NEC Commission Planning Documents for project
names, descriptions, sponsors, Lifecycle Stage, Project Type, start
year, cost estimates, and other information, in addition to an
explanation as to why the information was not included in NEC
Commission Planning Documents.
    (2) Other sources of information, if any, FRA should review for
project information in preparing the NEC Project Inventory
    (3) The proposal described in Section IIIA to allocate funds for
Defined Capital Renewal Projects still in development at the time of
publication of the NEC Project Inventory, but that may become ready for
funding after publication of the NEC Project Inventory.
    (4) The order, method, and plan for apportioning funds described in
Section IIIA of this Notice.
    (5) FRA's proposed use of Letters of Intent and Phased Funding
Agreements permitted under 49 U.S.C. 24911(g) as described in Section
IVC.
    (6) Issues or concerns with the information FRA has provided in
this Notice.
    Notwithstanding the various forms of consultation, FRA advises that
all comments should be submitted in writing to this notice to ensure
proper consideration.
    All comments received, including any personal information, will be
posted without change to the docket and will be accessible to the
public at https://www.regulations.gov. Do not include information in
comments in the docket that should not be made public. Input submitted
online via https://www.regulations.gov is not immediately posted to the
site. It may take several business days before submissions are posted.
Comments containing proprietary or confidential information may be
submitted by contacting the agency for alternate submission
instructions.

VI. Next Steps

    FRA will review comments upon the closing of the comment period for
consideration in developing the NEC Project Inventory. FRA will publish
the NEC Project Inventory in the Federal Register no later than
November 15, 2022, which may include a high-level summary and responses
to comments received. Following the publication of the NEC Project
Inventory, FRA will publish a NOFO soliciting applications for NEC
Projects listed on the NEC Project Inventory. FRA will then evaluate
applications consistent with the NOFO. FRA will publish an NEC Project
Inventory at least every two years following the initial publication.

    Issued in Washington, DC.
Paul Nissenbaum,
Associate Administrator, Office of Railroad Policy and Development.
[FR Doc. 2022-13495 Filed 6-23-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22152-22153]
[DOCID:fr24ap08-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0143; FRL-8359-2]

Water Quality & Pesticide Disposal; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG)
Working Committee on Water Quality and Pesticide Disposal (WQ & PD)
will hold a 2-day meeting, beginning on May 5,

2008 and ending May 6, 2008. This notice announces the location and
times for the meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on Monday, May 5, 2008 from 8:30 a.m.
to 5 p.m. and 8:30 a.m. to 12 noon on Tuesday, May 6, 2008.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at EPA, One Potomac Yard (South
Bldg.), 2777 Crystal Drive, Arlington, VA, 4th Floor South Conference
Room.

FOR FURTHER INFORMATION CONTACT: Georgia McDuffie, Field and External
Affairs Division, (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or Grier Stayton, SFIREG
Executive Secretary, P.O. Box 466, Milford, DE 19963; telephone number:
(302) 422-8152; fax<PHONE_NUMBER>; e-mail address: ``grier stayton''
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are
interested in SFIREG information exchange relationship with EPA
regarding important issues related to human health, environmental
exposure to pesticides, and insight into EPA's decision-making process
are invited and encouraged to attend the meetings and participate as
appropriate. Potentially affected entities may include, but are not
limited to those persons who are or may be required to conduct testing
of chemical substances under the Federal Food, Drug and Cosmetic Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2008-0143. Publicly available docket
materials are available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

    1. State Updates/Issues.
    2. Model Assessment for Selection of Reduced Risk Pesticides.
    3. OPP EFED Assignment of Ground Water Statements.
    4. Surface Water Benchmarks Updates.
    5. OPP EFED Tools: Estimating Pesticide Concentrations in Water.
    6. Surface Water Pesticide Monitoring Priorities in California.
    7. Pesticide Concentrations in Urban Low Flow Streams.
    8. Chemigation Label Referral.
    9. POINTS Performance Measures Reporting Tool.
    10. Pesticide Regulatory Education Program (PREP): Planning for
Water PREP.
    11. SFIREG WQ and PD Committee Scope & Possible Name Change.
    12. Triggers for State Review of New a.i.s.
    13. Draft Atrazine Criteria and Implementation Plans.
    14. Safe Drinking Water Act: Contaminant Candidate List &
Pesticides.
    15. Water Quality Exchange (WQX) and EPA WQ Data Management.
    16. EPA Update/Briefing.
     a. Office of Pesticide Programs Update.
     b. Office of Enforcement Compliance Assurance Update.

List of Subjects

    Environmental protection.

    Dated: April 9, 2008.
William R. Diamond,
Director, Field External Affairs Division, Office of Pesticide
Programs.
[FR Doc. E8-8999 Filed 4-23-08; 8:45 a.m.]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60802-60803]
[FR Doc No: 2015-25728]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0320]
RIN 1625-AA00

Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone within the Chicago Harbor during specified periods on from
September 12, 2015 through October 31, 2015. This action is necessary
and intended to ensure safety of life on the navigable waters of the
United States immediately prior to, during, and immediately after
multiple firework events. During the enforcement periods listed below,
no person or vessel may enter the safety zone without permission of the
Captain of the Port Lake Michigan.

DATES: The regulations in 33 CFR 165.931 will be enforced at specified
times between 8:00 p.m. on September 12, 2015 through 10:00 p.m. on
October 31, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LT Lindsay Cook, Waterways Management Division,
Marine Safety Unit Chicago, telephone<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR
165.931, on September 12, 2015 at 8:00 p.m. until 9:00 p.m., September
27, 2015 at 7:45 p.m. until 8:30 p.m., and on October 31, 2015 at 9:15
p.m. until 10:00 p.m.
    This safety zone encompasses the waters of Lake Michigan within
Chicago Harbor bounded by coordinates beginning at 41[deg]53'26.5'' N.,
087[deg]35'26.5'' W.; then south to 41[deg]53'7.6'' N.,
087[deg]35'26.3'' W.; then west to 41[deg]53'7.6'' N.,
087[deg]36'23.2'' W.; then north to 41[deg]53'26.5'' N.,
087[deg]36'24.6'' W. then east back to the point of origin (NAD 83).
All vessels must obtain permission from the Captain of the Port Lake
Michigan, or an on-scene representative to enter, move within or exit
the safety zone. Vessels and persons granted permission to enter the
safety zone shall obey all lawful orders or directions of the Captain
of the

Port Lake Michigan, or an on-scene representative.
    This document is issued under authority of 33 CFR 165.931 and 5
U.S.C. 552(a). In addition to this publication in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of these enforcement periods via broadcast Notice to
Mariners or Local Notice to Mariners. If the Captain of the Port Lake
Michigan determines that the safety zone need not be enforced for the
full duration stated in this notice, he or she may suspend enforcement
and provide notice via a Broadcast Notice to Mariners. The Captain of
the Port Lake Michigan or an on-scene representative may be contacted
via VHF Channel 16.

    Dated: September 9, 2015.
K.M. Moser,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2015-25728 Filed 10-7-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Proposed Rules]
[Page 68764-68766]
[DOCID:fr06de07-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0289; Directorate Identifier 2007-NM-208-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 757 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Boeing Model 757 series airplanes. This proposed AD would
require sealing the fasteners on the front and rear spars inside the
left and right main fuel tanks and on the lower panel of the center
fuel tank. This proposed AD would also require inspections of the wire
bundle support installations to verify if certain clamps are installed
and if Teflon sleeving covers the wire bundles inside the left and
right equipment cooling system bays, on the left and right rear spars,
and on the left and right front spars; and corrective actions if
necessary. This proposed AD results from a fuel system review conducted
by the manufacturer. We are proposing this AD to prevent improperly
sealed fasteners in the main and center fuel tanks from becoming an
ignition source, in the event of a fault current, which could result in
a fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by January 22,
2008.

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 AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

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: Judy Coyle, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6497; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0289;
Directorate Identifier 2007-NM-208-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will

consider all comments received by the closing date and may amend this
proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    Boeing has found that it is possible for some fuel tank fasteners,
in the event of a fault current, to become an ignition source on Boeing
Model 757 series airplanes. This condition, if not corrected, could
result in a fuel tank explosion and consequent loss of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 757-57A0064, dated
July 16, 2007. The service bulletin describes procedures for sealing
the fasteners on the front and rear spars inside the left and right
main fuel tanks and sealing the fasteners on the lower panel of the
center fuel tank. The service bulletin also describes procedures for
doing general visual inspections of the wire bundle support
installations to verify if certain full cushion clamps are installed
and to confirm if the wire bundles are covered in Teflon sleeving at
the following locations: Inside the left and right equipment cooling
system bays, on the left and right rear spars, and on the left and
right front spars. The service bulletin also describes procedures for
doing corrective actions if necessary, which include replacing any
incorrect clamps with certain full cushion clamps and installing any
missing Teflon sleeving. Accomplishing the actions specified in the
service information is intended to adequately address the unsafe
condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference between the Proposed AD and Service Bulletin.''

Difference Between the Proposed AD and Service Bulletin

    The compliance table in paragraph 1.E. of the service bulletin
recommends accomplishing the corrective actions (clamp replacement and
installation of Teflon sleeving) within 5 years of the date on the
service bulletin. This AD, however, would require accomplishing the
corrective actions, if necessary, before further flight after
accomplishing the inspections. We have coordinated this difference with
Boeing.

Costs of Compliance

    There are about 1,049 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 539 airplanes of
U.S. registry. The proposed actions would take up to 545 work hours per
airplane depending on the airplane configuration, at an average labor
rate of $80 per work hour. Required parts would cost about $325 per
airplane. Based on these figures, the estimated cost of the proposed AD
for U.S. operators is up to $23,675,575, or up to $43,925 per airplane.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2007-0289; Directorate Identifier 2007-NM-
208-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January
22, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200, -200CB, -200PF, and
-300 series airplanes, certificated in any category; as identified
in Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007.

Unsafe Condition

    (d) This AD results from a fuel system review conducted by the
manufacturer. We are issuing this AD to prevent improperly sealed
fasteners in the main and center fuel tanks from becoming an
ignition source, in the event of a fault current, which could result
in a fuel tank explosion and consequent loss of the airplane.

Compliance

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

Fastener Sealing and Inspections

    (f) Within 60 months after the effective date of this AD, seal
the applicable fasteners and do the general visual inspections of
the wire bundle support installations, and do all the applicable
corrective actions before further flight, by accomplishing all of
the applicable actions specified in the Accomplishment Instructions
of Boeing Alert Service Bulletin 757-57A0064, dated July 16, 2007.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on November 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-23639 Filed 12-5-07; 8:45 am]

BILLING CODE 4910-13-P


 GUIDANCE DOCUMENT FOR

LOG HANDLING OPERATIONS

Table of Contents

Introduction

Factors that Contribute to Log Operation Handling-Related

Injuries and Fatalities in Marine Terminals

How to Prevent Log-Operations Injuries and Fatalities

Cargo Gear Check

Ready for Work

Hold Access

Walking on the Cargo

Communication with the Crane Operator

Never place yourself in the bight

Heat Stress

Protecting Unguarded Edges

Equipment selection and maintenance

Gangway safety meetings and toolbox talk

LOG HANDLING SAFETY

Glossary

Bight (or Pinch Point) - any point where it is possible for a person or
part of a person's body to be caught between two moving objects; a
moving and fixed object; or in gear or machinery where it could be
crushed, caught, cut or torn off.

Boom sticks – logs that surround rafts, keeping them stable for load
out

Breast line – line used to secure the raft against the vessel

Bull rail – curbing around edge of dock 6” - 18”

Catwalk – as used in this document means a safe walkway positioned
above logs stowed on deck

Caulked/corked boots/sandals – special foot wear designed for walking
on logs

Coaming – the elevated bulkhead which surrounds the open hatch

Dog –fitting hammered into the logs that allow for the attachment of
lines (e.g., breast lines).

Dumper – flat steel device attached to the hoisting slings utilized
for dumping cargo into the wings

Hog wire – wire rigged athwartship, between tiers of logs used for
securing cargo and stabilizing vessels cargo at sea

Lashing wire (or wiggle wire) – wire rope used for lashing down logs

Peavey – wooden shaft with a metal point and a hinged hook near the
end

Pike pole – long pole with sharpened end utilized for pushing and
pulling cargo and boom sticks

Rafts – floating bundled logs (i.e., cargo)

Sliders – logs that slide out from the sling when being hoisted

Snatch block – pulley device used for hog lashing

Wagner (or log loader, stacker) – large lift truck used for log
handling

Walking/boom sticks – platform of logs that form a sidewalk along the
ship to access the raft

Introduction

This guidance document provides practical recommendations to help
employers and workers reduce the number and severity of injuries during
log handling operations at Marine Terminals.

Although industry recommendations should be considered in all logging
operations, OSHA requirements must be followed.  Safe work practices
should be reinforced through training and Gangway Safety Talks prior to
cargo handling and while preparing the cargo stowage or the ship
load/unload sequencing plan.

Log handling is uniquely based on the cargo, the vessel, and port
practices, because logs differ greatly in size, shape, center of gravity
and weight; therefore, there is no "one size fits all" approach to
handling this type of cargo.  Therefore, the information consolidated in
this document was obtained from log handling experts who have extensive
experience in log handling operations.

Log handling operations are inherently complex operations that employ
large cranes and heavy equipment to handle logs on shore, in the water,
or in the hold of a vessel, which could create a challenging and
dangerous work environment.

Many work-related injuries and fatalities occurring in marine cargo
handling operations are caused by log handling accidents.

Employers are required to ensure compliance with OSHA’s regulations
for log handling operations at marine terminals (29 CFR 1917.18) and on
vessels (29 CFR 1918.88).

To help prevent log handling accidents, it is recommended that employers
raise awareness of log handling hazards for all marine terminal workers
involved in these operations.  Hazard awareness should focus on workers
and cargo handling equipment and techniques of handling this unique
cargo, including:

Operators of cargo handling equipment;

Cargo handling equipment, lifting gear, and rigging;

Cargo hold access; and

Load planning and sequencing.

Factors that Contribute to Log Handling-Related Injuries and Fatalities
in Marine Cargo Handling

There are many factors that can contribute to log handling accidents in
marine cargo handling. Often times, accidents are caused by a
combination of factors.  The following points illustrate inadequacies
and/or common contributors to unsafe working conditions during log
handling operations:

Training and Awareness: Accidents can occur when workers do not have
adequate training in the safe operation and maintenance of equipment for
conducting log handling operations.

Improper and Unsafe Equipment: Damaged, improperly used, improperly
maintained, or missing equipment (e.g., wire rope slings and straps,
chains, lifting hooks and bridles) can lead to accidents and injuries.

Communication: Accidents are often a result of poor communication (e.g.,
failure of workers to alert crane operators of their location as they
move about the vessel, and failure of employers to notify workers of
changes to cargo loading and unloading operations). In addition, noisy
terminal or vessel environments can hinder effective communication.

Slips, trips, and falls: Log surfaces are wet, slippery, and uneven.
Loose bark, mud, frost, ice, etc., may contribute to slips, trips, and
falls. Appropriate footwear is required under 29 CFR 1918.88(c).

Rigging and Slinging Practices: Accidents can happen if there are
deviations from the standard work procedures. Standard rigging and
slinging practices should be adhered to at all times.

Illumination: Poor lighting, particularly at night, can cause shadows
that make it difficult to see personnel or objects below deck.  Also,
the sun may cause glare on certain types of surfaces; employers may
consider the use of certain eyewear to minimize the glare.

Shift Changes: Accidents often occur just before the end of a work shift
or while workers are becoming familiar with equipment or the unique
nature of an operation at the beginning of a shift.Weather: Ice, fog,
and rain can create hazardous conditions (e.g., slippery surfaces and
poor visibility).  High temperatures and lack of rest, water, and shade
are common heat stress factors.

Best Practices for Preventing Log Operation-Related Injuries and
Fatalities

Safety programs combined with a safety culture can reduce the risk of
log handling-related accidents, which could eliminate or reduce
potential hazards and increase awareness of log handling safety issues
for everyone.

Employers should develop safety program initiatives which include the
following:

Safe work in the hold, on deck, and in the water;

Communication procedures between crane operator and holdmen or
signalman;

Safe operation and maintenance of equipment;

Identifying unsafe equipment (e.g., damaged, missing components, etc.);

Personal protective equipment;

Lighting practices (e.g., night work);

Safe lifting techniques, including rigging and slinging practices;

Weather induced hazards (e.g., visibility, heat stress, etc.); and

Importance of vigilance (e.g., during shift changes).

The following log handling safety practices and requirements can help
prevent or reduce accidents, fatalities, and injuries.

Ready for Work (29 CFR 1917 Subpart E, 1918 Subpart J, 1918.69, 1918.88
(c)).

Employers should advise workers to notify their supervisors if they feel
they are unable to perform their work safely due to, but not limited to,
the following performance factors:

Working with logs is physically demanding. Good vision and depth
perception is important. Hold work may require climbing ladders, walking
over uneven surfaces, standing for long periods, kneeling, pushing,
pulling and steadying heavy objects. Work may require the use of basic
hand tools (e.g., wrenches, hammers, peaveys, and pry-bars). Portable
power tools, such as power chain tighteners or speed cinchers, which are
commonly used for lashing logs, may also be required.

All workers must use the appropriate Personal Protective Equipment
(PPE).  PPE should include but not be limited to: safety boots/shoes,
caulked boots (“corks” or “corkers”) sandals, gloves, and hard
hats. Face shields and eye protection should be available and worn as
necessary. Other PPE may be required depending on employer requirements
and other work activity. Wearing of reflective safety vests or
equivalent high visibility clothing is required on marine terminals;
however, they are not considered PPE in OSHA standards.

2.	Cargo Gear Check (29 CFR 1917.42, 1917.50, 1918.11, 1918.61)

Checking cargo gear is a basic first step prior to any cargo handling
operation especially when using ships cranes. Certification procedures
must not be construed as a substitute, or cause, for elimination of
normal operational inspection and maintenance throughout the year.
OSHA Directives   HYPERLINK
"http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVE
S&p_id=2975"  (CPL 02-01-39 and CPL 2-1.39) , Enforcement of Cargo Gear
Regulations and the Requirements for Gear Certification in the Maritime
Program should also be consulted.

Ship Gear (29 CFR 1918.11, 1918.59, 1918.61)

OSHA requires vessel cargo handling gear to be certified as prescribed
in 29 CFR 1918.11. Employers must not use a vessel's cargo handling gear
unless it has been ascertained that the vessel has a current and valid
cargo gear register, and certificates which show that the cargo gear has
been tested and examined by competent persons or organizations.

Sheaves, wires, blocks, hooks, shackles, luffing wires, and other
hoisting wires associated with the ships crane should be checked prior
to operations. Safe access to blocks and sheaves should be provided so
that blocks, sheaves and pins can be checked. Hoisting wires should be
thoroughly inspected to ensure that there are no broken wires, kinks,
fishhooks or other defects. Employers should train workers to recognize
and report equipment damage and deficiencies to their foreman and if
equipment is not working properly, it should be removed from service and
tagged until repaired.

Single sheave blocks must be marked with safe working loads and proof
test loads. Marks relating to testing must be identifiable on the
related certificates, which must be available.

Loose Gear (29.CFR 1917.42, 1917.50)

All loose gear (e.g., slings, chains, bridles, blocks, and hooks) must
be inspected by the employer or his representative before each use and
when necessary at intervals during use to ensure it is safe. Similarly,
cargo gear for marine terminals must have certificates. Loose gear
obtained after October 3, 1983 must bear a legible mark indicating that
it has been tested. Additionally, all cargo handling gear provided by
the employer with a safe working load greater than 5 net tons (10,000
lbs.) must have its safe working load plainly marked on it.

Equipment Selection and Maintenance

Log handling equipment selection and maintenance are critical components
to minimize accidents. Employers should ensure that vehicle safety
equipment such as horns, backup alarms, seatbelts, brakes, mirrors, and
warning devices are maintained in good repair and utilized properly by
the operator. Employers should also ensure that equipment is sized
properly and that operators follow and do not exceed the manufacturer's
design and operating parameters. Equipment should not be modified
without either the manufacturer's prior written approval or the written
approval of a professional engineer experienced with the equipment who
has consulted with the manufacturer, if available.

Work Area (29 CFR 1918.24, 1918.35)

Open weather deck hatches, located where employees are required to work,
that are not protected to a height of 24 inches by coamings must be
guarded by taut lines at a height of 36 to 42 inches, except on the side
on which cargo is being worked. There must be at least one safe and
accessible ladder for each gang working in a single hatch. An effective
method of gaining a handhold must be provided at or near the head of
each vertical fixed ladder.

3.	Hold Access and Working in Holds (29 CFR 1918.88 and 1918.94)

Access to ships holds may present multiple hazards, which should be
recognized. Ships access openings often look alike but lead to different
spaces. Be sure to use the correct access entrance. Access to ships
holds may be via exposed vertical ladders in the hold, vertical ladders
in trunks or via stairways. Ladders should be checked for broken,
missing or rusted rungs, side rails or other obvious hazards.  Ladder
ways and stairwells should be well lit and well ventilated (see 29 CFR
1918.94). The hold may have been closed for several days or weeks during
the ship's voyage and should be opened and well ventilated prior to
entry. Inquiry as to current and prior cargoes should be made to ensure
that there is no risk of toxic atmospheres from prior fumigation or
contamination.  All hazards should be brought to the attention of the
ships operator and management, and should be abated prior to commencing
work.

 Remember:

Hatch covers on ladder wells can shut when workers place their weight on
them while climbing into the hold.  Employers should ensure that workers
test the hatch lid to ensure it is secured in the open position and that
the securing pin is properly in place before traveling down the ladder.

Some vertical ladders present fall hazards because workers must cross
from one ladder to another on their way into the hold. Workers should
maintain three points of contact at all times.

There may be a gap between the ladder and stow that can create a fall
hazard.

Some ships have openings in the deck near the base of the ladder.
Workers should always check to make sure of a good footing surface at
the base of the ladder.

If two escape trunks are available, both must be accessible.

When loading logs into the holds of vessels and using dumper devices to
roll logs into the wings, the employer must ensure that employees remain
clear of areas where logs being dumped could strike, roll up on, or pin
employees.

Loading on deck

When loading logs above deck, workers should follow the same precautions
as in the hold. If a securing chain starts to free fall over the side of
the deck load, let it go - otherwise it could pull you with it. Stay
clear when tightening lashing wires as there may be a chance of the wire
parting. Workers should understand deck lashing procedures and
precautions when rigging/setting up ships stanchions. Always stand away
from the direction the crane is pulling. Crane operators should not
strain (increase tension on the wire or chain) until the all clear
signal is given. When lashing down logs, take precautions when pulling
chains and never hold on to lashing wires which are under tension.

Due to the nature of dock work and log handling operations in general,
workers are at increased risk of falling into the water.  For this
reason, employers are encouraged to develop and implement recovery of
Person in the Water (PIW) procedures to help better prepare employees
for response and recovery.  Where implemented, workers should be
familiar with the terminal’s PIW procedures including the location of
all rescue and recovery devices.  Employers must provide, and direct
employees to wear Personal Floatation Devices (PFDs ) whenever there is
a chance that an employee may fall into the water (e.g., exposed to
falling over the side and anytime while working on a raft).

Loading from Water

When loading from the water while slinging loads, be careful of log
separation when stepping back to the walking sticks (safety sticks).
When cutting bands on bundled logs, workers should be aware of rolling
logs and position themselves free from the bight. When utilizing a pike
pole for pushing logs into proper position for loading, be careful not
to overextend so as not to fall into the water. When a load is being
hoisted, always be aware of potential sliders.

When employees are working logs out on the water, walking sticks must be
provided as follows:

They must be planked and be no less than 24 inches (0.61m) wide;

They must extend along the entire length of all rafts on the side(s) of
the vessel being worked, and to the means of access to the log raft(s);
and they must be buoyant enough to keep the walking surface above the
waterline when employees are walking on them (29 CFR 1918.88(h)).

When loading from the water, a boom man must secure the raft (dog to
walking stick) and must assure breast lines are secured to the vessel.
In areas where river currents are problematic, a safety boat should be
made available on all log operations and a boatman should be employed to
retrieve a potential fallen person out of the water.

When loading logs from the water or dock, the winch driver must receive
the all clear signal from the signalman prior to hoisting. Holdmen must
have eye contact with the winch driver to ensure proper signals are
being recognized.

Loading from Truck

When loading from a truck operation, always be aware of log trucks
moving to and from the yard. While slinging logs, keep a safe distance
between the truck and bull rail. When slinging a load to the ship, the
truck driver must remain out of his truck until the load clears the
combing. All workers working on docks or wharves should utilize
designated walkways to ensure pedestrian safety.

Workers should consult their foreman or walking boss for the appropriate
action in addressing these hazards and accessing the cargo.

Loading from dock

When loading from the dock, always be aware of cargo handling equipment
(bulldozers, wagners, lift trucks, and front end loaders, etc.). Be
mindful of other working gang operations. Watch for slings and loads
overhead, and never turn away from loads being lifted from other gangs
working nearby. Workers should be aware of slings wrapping around the
bunk as the load is being hoisted. Slings must be positioned
strategically to maintain an even load when the load is being hoisted to
prevent sliders and must ensure all logs are slung prior to being
hoisted.

Illumination

When working at night, ensure that there is adequate lighting to perform
tasks. Work with vessel crews to arrange for lighting to prevent
possible injuries.

4.	Walking on the Cargo (29 CFR 1918.32, 1918.81).

Log surfaces may be uneven, slippery, and have hidden voids, loose bark
or unguarded edges. Logs are often shipped without bark
(debarked/peelers). Debarked/peeler logs are extremely slippery and can
shoot out from the lift without warning. Logs varying sizes create
innumerable voids. Always step on the topmost portion of the logs. Do
not step in between logs or into voids.  Unguarded edges may develop as
the cargo is handled and must be guarded as required by 29 CFR
1918.32(b).  Logs are prone to roll, and even if dry can be slippery to
walk on.

5.	Protecting Unguarded Edges (29 CFR 1918.2)

A fall hazard is defined by OSHA as a hazard that exists whenever
workers are working within 3 feet of an unguarded edge of a work surface
where the next lowest level is 8 feet or more in the vertical direction,
or where the gap to the adjacent horizontal surface is more than 12
inches.  Whenever workers are within 3 feet of an unguarded edge,
employers must ensure that appropriate fall protection is provided.
Additionally, when on deck, PFD’s must be used (29 CFR 1918.105(b)).

When working in a hatch, workers should walk to the trunks or wings
before the load is lifted to identify voids so that they may be avoided.

6.	Slinging Logs (29 CFR 1918.81)

During log loading/discharge operations, there are various designated
hoisting areas that logs are lifted from, such as trucks, bunks, water,
etc. While slinging logs, workers must take precautions to ensure that
the loads are properly slung. Workers must make sure that the loads are
evenly spaced and that there is no loose dunnage, (e.g. splitters or
debris hanging or protruding from the loads). Logs are not shipped
pre-slung, so slings must be fed around the logs for each lift, and
taken off the hook when landed. Care must be taken not to sling loads
which exceed gear capacity. Logs have to be "dumped" into the wings and
the dumpers which are attached to the sling wire may make the logs roll
and "pop out" when the sling is pulled through. Logs can still roll back
after being dumped. Workers should ensure that loads are totally settled
before removing the slings. Let the gear do your work for you. Each
successive landing of a load of logs may cause those already landed
beneath to shift. Workers should be careful of the whip-like motion of
the slings when the winch driver moves out from the hold to retrieve
another load. Workers must utilize hand signals and proper means of
communication with the crane operator/winch driver. After a load has
been hoisted, workers must never turn their back on the load and must
keep constant eye contact with the gear. Workers must also ensure that
their work area is free of debris and obstructions.

7.	Never Work under a Suspended Load (29 CFR 1918.81)

Workers should stand well clear of any cargo that is lifted or lowered
into a ships hold. Where possible, workers should stand under the edge
of the hatch overhang (wing) on the opposite side and out of the swing
path of the load in a position where the load can be viewed at all
times. This allows workers to maintain visual contact with the load and
prevents workers from walking out from under the wing into a position
under a suspended load. No one should go out into the square of the
hatch until the load has completely landed during loading operations or
has been lifted completely out of the hatch and passed over the coaming
during discharge operations. When working straight sided (box hold)
hatches, workers should stand offshore of the cargo being worked. When
working off shore cargo, workers should use ladder wells for temporary
protection. When preparing the cargo for stowage, the load should be
approached only after it has been lowered below shoulder height keeping
feet out from under the path of the load. Workers should always be
visible to the crane operator or flagman or hatch tender. Flagmen,
holdman or hatch tenders should ensure that cargo is not lowered until
the area underneath is clear. Workers should constantly be aware of
their surroundings and look out for the safety of their co-workers.
Workers should always face the load and never turn their backs so they
can observe the operation. Once the holdmen are clear, the signalman may
give the signal to have the crane operator lift the load. Workers should
exercise caution even when an empty hook, block, or spreader is being
lowered into a hatch. Swinging loads of any type can cause serious
bodily injury and even death.

8.	Never Place Yourself in a Bight.

Workers should keep their hands, arms or fingers out of the sling as it
is tightened up against the cargo when lifting. Guide the sling
openhanded. Workers should remain a safe distance away from the cargo
when it is raised or lowered into its stowed position, and be mindful of
pinch points and escape routes during the entire operation. If cargo
tips or rolls, workers should get out of the way and not try to stop it.
Approach the cargo only after it is landed and is stable.

9.	Communications with the Crane Operator.

In addition to hand signals, it is recommended that two-way radios be
utilized for communication between the crane operator and flagger or
signalman. However, except for emergency situations, the crane operator
should only take signals from one designated person, and should never
lose sight of the flag or signalman.

All personnel involved in the lifting operation should be familiar with
the procedures for stopping in an emergency.

10.	Heat Stress

Heat stress provides a significant health hazard. Workers should ensure
that they are properly hydrated. Proper hydration must start the day
before work occurs, and continue through the end of the cargo
operations. Water provides the best hydration for the body. Caffeinated
beverages consumed in large amounts can dehydrate the body and can make
a worker anxious or jittery. For additional information refer to:
http://www.osha.dov/Publications/osha3154.pdf

11.	Gangway Safety Meetings and Toolbox Talks.

Frequent safety meetings (e.g., at the start of work shifts or just
prior to critical lifts) help reinforce safety awareness and facilitate
the communication that is critical for workers safety.

Recommended Gangway Safety Topics:

Listen/Watch for instructions from the Hatch-tender or foremen.

Heads up – be aware of what is taking place above your head – stay
in a safe location.

Never Turn - your back on a load or remain in the immediate area of a
load being hoisted up.

Stay Out Of The Bight.

Be Aware - of slippery surfaces on deck or in the hold. Be aware of
loose bark, mud, frost, ice, etc.

Pay Attention – log bundles may have protruding logs below the
waterline.

Proper Footwear Must Be Worn – Steel-Toed Safety Boots with Caulk/cork
Soles or Steel-Toed-Safety Boots with Caulk/cork Sandals affixed. Beware
of loose bark, frost, mud, ice, etc.

Personal Protective Equipment - Safety vests, personal flotation devices
(PFDs), and hard hats must be worn.

No Cell Or Personal Electronic Devices Are Allowed While Working.

LSWG 6 - 24 July 2012

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