[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Page 16275]
[FR Doc No: 2019-07776]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0010]

Board of Visitors for the National Fire Academy

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Request for Applicants for Appointment to
the Board of Visitors for the National Fire Academy.

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SUMMARY: The National Fire Academy (Academy) is requesting individuals
who are interested in serving on the Board of Visitors for the National
Fire Academy (Board) to apply for appointments as identified in this
notice. Pursuant to the Federal Fire Prevention and Control Act of
1974, the Board shall review annually the programs of the Academy and
shall make recommendations to the Federal Emergency Management Agency
(FEMA) Administrator, through the United States Fire Administrator,
regarding the operation of the Academy and any improvements that the
Board deems appropriate. The Board is composed of eight members, all of
whom have national or regional leadership experience in the fields of
fire safety, fire prevention (such as community risk reduction to
include wildland urban interface), fire control, research and
development in fire protection, treatment and rehabilitation of fire
victims, or local government services management, which includes
emergency medical services. The Academy seeks to appoint three
individuals to a position on the Board that will be open due to term
expiration. If other positions are vacated during the application
process, candidates may be selected from the pool of applicants to fill
the vacated positions.

DATES: Resumes will be accepted until 11:59 p.m. EST May 20, 2019.

ADDRESSES: The preferred method of submission is via email. However,
resumes may also be submitted by mail. Please only submit by ONE of the
following methods:
     Email: [email protected].
     Mail: National Fire Academy, U.S. Fire Administration,
Attention: Debbie Gartrell-Kemp, 16825 South Seton Avenue, Emmitsburg,
Maryland 21727-8998.

FOR FURTHER INFORMATION CONTACT:
    Alternate Designated Federal Officer, Dr. Kirby Kiefer, telephone
(301) 447-1083, email [email protected].

SUPPLEMENTARY INFORMATION: The Board is an advisory committee
established in accordance with the provision of the Federal Advisory
Committee Act (FACA), 5 U.S.C. Appendix. The purpose of the Board is to
review annually the programs of the Academy and advise the FEMA
Administrator on the operation of the Academy and any improvements
therein that the Board deems appropriate. In carrying out its
responsibilities, the Board examines Academy programs to determine
whether these programs further the basic missions that are approved by
the FEMA Administrator, examines the physical plant of the Academy to
determine the adequacy of the Academy's facilities, and examines the
funding levels for Academy programs. The Board submits a written annual
report through the United States Fire Administrator to the FEMA
Administrator. The report provides detailed comments and
recommendations regarding the operation of the Academy.
    Individuals who are interested in serving on the Board are invited
to apply for consideration for appointment. There is no application
form; however, a current resume and statement of interest will be
required. The appointment shall be for a term of up to three years.
Individuals selected for the appointment shall serve as Special
Government Employees (SGEs), defined in section 202(a) of title 18,
United States Code. The candidate selected for the appointment will be
required to complete a Confidential Financial Disclosure Form (U.S.
Office of Government Ethics (OGE) Form 450).
    The Board shall meet as often as needed to fulfill its mission, but
not less than twice each fiscal year to address its objectives and
duties. The Board will meet in person at least once each fiscal year
with additional meetings held via teleconference. Board members may be
reimbursed for travel and per diem incurred in the performance of their
duties as members of the Board. All travel for Board business must be
approved in advance by the Designated Federal Officer. To the extent
practical, Board members shall serve on any subcommittee that is
established.
    FEMA does not discriminate in employment on the basis of race,
color, religion, sex, national origin, political affiliation, sexual
orientation, gender identity, marital status, disability and genetic
information, age, membership in an employee organization, or other non-
merit factor. FEMA strives to achieve a diverse candidate pool for all
its recruitment actions.
    Current DHS employees, contractors, and potential contractors will
not be considered for membership. Federally registered lobbyists will
not be considered for SGE appointments.

Terry Gladhill,
Branch Chief, National Fire Academy, United States Fire Administration,
Federal Emergency Management Agency.
[FR Doc. 2019-07776 Filed 4-17-19; 8:45 am]
BILLING CODE 9111-45-P


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 52029-52035]
[FR Doc No: 2019-20584]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2001-11117]
RIN 2126-AA70

Limitations on the Issuance of Commercial Driver's Licenses With
a Hazardous Materials Endorsement; Interim Final Rule Made Final

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

ACTION: Final rule.

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SUMMARY: FMCSA adopts those requirements of the interim final rule
(IFR) published on May 5, 2003 (2003 IFR), and the IFR published on
April 29, 2005 (2005 IFR), which have not previously been finalized, as
final without change. The 2003 IFR amended the Federal Motor Carrier
Safety Regulations (FMCSRs) to prohibit States from issuing, renewing,
transferring, or upgrading a commercial driver's license (CDL) with a
hazardous materials endorsement unless the Transportation Security
Administration (TSA) in the Department of Homeland Security has first
conducted a security threat assessment and determined that the
applicant does not pose a security risk warranting denial of the
hazardous materials endorsement, as required by the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). The
2005 IFR amended the FMCSRs to conform to the TSA's compliance date and
reduce the amount of advance notice that States must provide to drivers
that a security threat assessment will be performed when they renew a
hazardous materials endorsement. In addition, this rule incorporates a
provision of the Implementing Recommendations of the 9/11 Commission
Act of 2007 and two provisions of the FAA Reauthorization Act of 2018,
which together authorize a State to issue a license to operate a motor
vehicle transporting hazardous material in commerce to an individual
who holds a valid transportation security card. In particular, the
Agency incorporates TSA's definition of a Transportation Worker
Identification Credential (TWIC) as equivalent to a Transportation
Security Card (TSC).

DATES: This final rule is effective on October 31, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; by email at<EMAIL_ADDRESS>or by
telephone at<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Rulemaking Documents

A. Availability of Rulemaking Documents

    For access to docket FMCSA-2001-11117 to read background documents
and comments received, go to http://www.regulations.gov at any time, or
to Docket Services at U.S. Department of Transportation, 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.

B. Privacy Act

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

II. Executive Summary

A. Purpose of the Regulatory Action

    This final rule adopts the provisions of the IFR published on May
5, 2003 (68 FR 23844) that have not previously been made final, and the
provisions of the subsequent IFR published on April 29, 2005 (70 FR
22268). This is an administrative action to finalize these rules. This
final rule includes conforming changes to incorporate a provision of
the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/
11 Act) (Pub. L. 110-53, Aug. 3, 2007) and two provisions of the FAA
Reauthorization Act of 2018 (FAA Act) (Pub. L. 115-254, Oct. 5, 2018).

B. Costs and Benefits

    This rulemaking does not make substantive changes to the
obligations of regulated entities. It adopts as final certain elements
of the 2003 IFR and the 2005 IFR and includes non-discretionary
provisions from the 9/11 Act and the FAA Act. This rulemaking has no
incremental impacts on the regulated entities.

III. Legal Basis for the Rulemaking

    The legal basis for the 2003 IFR was explained in that document (68
FR 23844) and repeated in the 2005 IFR (70 FR 22268). Because those
IFRs are available in the docket listed at the beginning of this
document, the legal basis will not be repeated in detail here.
    Briefly, section 1012 of the USA PATRIOT Act enacted 49 U.S.C.
5103a, which prohibits States from issuing a driver a hazardous
materials endorsement to his/her CDL until the Secretary of
Transportation has first determined that the driver does not pose a
security risk warranting denial of the endorsement (Pub. L. 107-56, 115
Stat. 272, 396, Oct. 26, 2001).
    The 9/11 Act made a technical correction to replace the reference
to the ``Secretary of Transportation'' in 49 U.S.C. 5103a(a)(1) with a
reference to the ``Secretary of Homeland Security'' (Sec. 1556, Pub. L.
110-53, 121 Stat. 266, 475, Aug 3, 2007). The change did not alter the
legal basis of the 2003 and 2005 IFRs because those actions rested on a
different provision, 49 U.S.C. 31305(a)(5)(C). The 9/11 Act also
provided that an individual who has a valid transportation employee
identification card issued by the Secretary of Homeland Security shall
be deemed to have met the background check required by 49 U.S.C. 5103a.
    The FAA Act (Pub. L. 115-254, Oct. 5, 2018) provides that an
applicable individual subject to credentialing or a background
investigation may satisfy that requirement by obtaining a valid TSC.
Section 1978 of the FAA Act amended 49 U.S.C. 5103a(a)(1), by allowing
a State to issue a license to operate a motor vehicle transporting
hazardous material in commerce to an individual who holds a valid TSC
issued under 46 U.S.C. 70105.
    The Administrative Procedure Act requires an Agency to promulgate
final rules only after prior notice and opportunity for comment, unless
the Agency finds good cause that notice and opportunity for public
comment are ``impracticable, unnecessary, or contrary to the public
interest'' (5 U.S.C. 553(b)(3)(B)). FMCSA finds good cause that notice
and comment are

``unnecessary'' for this rule. This rule simply makes final certain
provisions of two interim final rules (IFRs) that have been in effect
since 2003 and 2005. The Agency accepted post-publication comments on
both IFRs, most recently in 2018 (see Limitation on the Issuance of
Commercial Driver's Licenses With a Hazardous Materials Endorsement,
Interim rules; re-opening of comment (83 FR 62503, Dec. 4, 2018)). Many
other provisions of both IFRs were made final by notice-and-comment
rulemaking after 2003 and 2005. In response to a comment filed when
this docket was reopened (83 FR 62503, Dec. 4, 2018), the Agency also
makes ministerial changes to incorporate provisions of the 9/11 Act and
the FAA Act. None of these actions changes the burden on drivers, motor
carriers, or State driver licensing agencies. The incorporation of
provisions in the 9/11 Act and FAA Act merely codifies in the FMCSRs
provisions already in effect by operation of law. Specifically, the
Agency incorporates TSA's definition of a TWIC as equivalent to a TSC.
Because public comments would not result in changes to any of these
actions, additional notice and opportunity for comment are unnecessary.

IV. Background

Regulatory History

    On May 5, 2003, FMCSA published an IFR titled ``Limitations on the
Issuance of Commercial Driver's Licenses with a Hazardous Materials
Endorsement'' (68 FR 23844). In that document, the Agency revised its
regulations to require State driver licensing agencies to issue or
renew a hazardous materials endorsement for a CDL only if TSA has first
determined that the applicant does not pose a security risk warranting
denial of such endorsement. A CDL renewal, transfer, or upgrade was
also considered a new issuance and fell within the scope of these
requirements if it involved a hazardous materials endorsement. The IFR
implemented FMCSA's part of the requirements of section 1012 of the USA
PATRIOT Act, which limited the issuance of hazardous materials
licenses. Because FMCSA shares with TSA the responsibility for
implementing section 1012--codified in 49 U.S.C. 5103a and
31305(a)(5)(C)--TSA concurrently published an IFR containing
regulations governing the security risk determination process in 49 CFR
parts 1570 and 1572 (May 5, 2003, 68 FR 23852). FMCSA received
comments, which are summarized in a document filed in the docket. No
public meeting was requested and none was held. The IFR became
effective upon publication on May 5, 2003.
    On April 29, 2005, FMCSA published an IFR titled ``Limitations on
the Issuance of Commercial Driver's Licenses with a Hazardous Materials
Endorsement'' (70 FR 22268). That rule was issued as an IFR because it
related to the 2003 IFR. In the preamble, FMCSA wrote that the 2005 IFR
would be subsumed into the 2003 IFR when that rulemaking was finalized.
FMCSA's 2003 IFR provided a specific date on which States became
subject to the new requirement. The 2005 IFR amended the FMCSRs to
cross-reference the TSA's compliance date as the date when FMCSA's
companion requirements also became applicable (70 FR 22268). Consistent
with the TSA regulations, FMCSA also reduced the amount of advance
notice that States must provide to drivers that a security threat
assessment will be performed when they renew a hazardous materials
endorsement. FMCSA did not receive any comments on the 2005 IFR. No
public meeting was requested and none was held. The IFR became
effective upon publication on April 29, 2005.
    Some of the provisions in the May 5, 2003 IFR were subsequently
changed in notice and comment rulemaking, and became final. They are
described in the following table. Those items listed as ``same'' in the
second column have not been changed since they were originally
implemented in 2003.

              Regulatory Actions Related to This Final Rule
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                                                    Changed in post 2003
  IFR provisions May 5, 2003       Current  IFR      notice and comment
                                      status             rulemaking
------------------------------------------------------------------------
Sec.   383.5 Alien............  Same.............
Sec.   383.5 CMV..............  .................  Definition of CMV was
                                                    revised May 9, 2011
                                                    (76 FR 26878);
                                                    October 2, 2014 (79
                                                    FR 59455); October
                                                    1, 2015 (80 FR
                                                    59072).
Sec.   383.5 Hazardous          Same.............
 materials.
Sec.   383.23(c) Learner's      .................  Sec.   383.23 was
 permit.                                            revised May 9, 2011
                                                    (76 FR 26878,
                                                    26879). Requirements
                                                    for commercial
                                                    learner's permit
                                                    moved to Sec.
                                                    383.25.
Sec.   383.71(a)(9)...........  .................  Sec.   383.71 was
                                                    revised May 9, 2011
                                                    (76 FR 26881).
                                                    Requirements of Sec.
                                                      383.71(a)(9) now
                                                    in Sec.
                                                    383.71(b)(8) and
                                                    (9).
Sec.   383.71(b)(3) [License    .................  Sec.   383.71 was
 transfer].                                         revised May 9, 2011
                                                    (76 FR 26881).
                                                    Requirements of Sec.
                                                      383.71(b)(3) now
                                                    in Sec.
                                                    383.71(c)(3).
Sec.   383.71(c)(3) [License    .................  Sec.   383.71 was
 renewal].                                          revised May 9, 2011
                                                    (76 FR 26881).
                                                    Requirements of Sec.
                                                      383.71(c)(3) now
                                                    in Sec.
                                                    383.71(d)(3).
Sec.   383.71(d) [License       .................  Sec.   383.71 was
 upgrades].                                         revised May 9, 2011
                                                    (76 FR 26881).
                                                    Requirements of Sec.
                                                      383.71(d) now in
                                                    Sec.   383.71(e)(1)-
                                                    (4).
Sec.   383.73(a)(5) [Initial    .................  Sec.   383.73 was
 licensure].                                        revised May 9, 2011
                                                    (76 FR 26883).
                                                    Requirements of Sec.
                                                      383.73(a)(5) moved
                                                    to Sec.
                                                    383.73(b)(8)
                                                    [Initial CDL].
Sec.   383.73(b)(4) [License    .................  Sec.   383.73 was
 transfers].                                        revised May 9, 2011
                                                    (76 FR 26883).
                                                    Requirements of Sec.
                                                      383.73(b)(4) now
                                                    in Sec.
                                                    383.73(c)(4)
                                                    [License transfers].
Sec.   383.73(c)(4) [License    .................  Sec.   383.73 was
 renewals].                                         revised May 9, 2011
                                                    (76 FR 26883).
                                                    Requirements of Sec.
                                                      383.73(c)(4) now
                                                    in Sec.
                                                    383.73(d)(1)
                                                    [License renewals].
Sec.   383.93(b)(4)             Same.............
 [Endorsement descriptions].
Part 383, Subpart I, Title....  Same.............
Sec.   383.141(a)               Subsequent IFR...  Revised by IFR April
 [Applicability date].                              29, 2005 (70 FR
                                                    22271). Corrected in
                                                    a revision October
                                                    1, 2012 (77 FR
                                                    59825).
Sec.   383.141(b)               Same.............
 [Prohibition].
Sec.   383.141(c) [Individual   Subsequent IFR...  Revised by IFR April
 notification].                                     29, 2005 (70 FR
                                                    22271).
Sec.   383.141(d) [Hazardous    Same.............
 materials endorsement renewal
 cycle].

Sec.   384.233 [Background      Same.............
 records checks].
------------------------------------------------------------------------

    In a document published in the Federal Register on December 4, 2018
(83 FR 62503), FMCSA announced its plan to adopt the provisions of the
IFRs that had not previously been made final, and its intention to
incorporate sections 1977 and 1978 of the FAA Act. That document re-
opened the comment period for 15 days to ensure that interested parties
had an opportunity to offer comments on the prior IFRs and the
provisions from the FAA Act. The comment period closed on December 19,
2018. FMCSA received one comment, which is discussed below.

V. Discussion of the Interim Final Rules and Those Provisions Being
Finalized in This Final Rule

    In the 2003 IFR, FMCSA amended the CDL driver application (Sec.
383.71) and State licensing (Sec.  383.73) procedures to require all
individuals to pass the TSA screening process when renewing, upgrading,
transferring, or newly applying for a CDL with a hazardous materials
endorsement. Similarly, the Agency added a new subpart I (Sec.
383.141) to prohibit the issuance of a hazardous materials endorsement
for a CDL unless TSA has determined that the applicant does not pose a
security risk warranting denial of the endorsement. FMCSA added Sec.
383.141(c) to require a State to notify an individual at least 180 days
(6 months) prior to the expiration date of a CDL or hazardous materials
endorsement that he or she must pass the new TSA security screening
process. Finally, the Agency added Sec.  383.141(d) to require States
to adopt, at minimum, a 5-year renewal cycle for a CDL hazardous
materials endorsement.
    To comply with statutory requirements, FMCSA added a definition of
``Alien.'' FMCSA also revised the definition of ``Hazardous materials''
to include ``any chemical or biological material or agent determined by
the Secretary of Health and Human Services or the Attorney General to
pose a threat to national security.'' Additionally, in the definition
of ``Commercial motor vehicle'' (CMV) and in Sec.  383.93(b)(4), FMCSA
made conforming changes to ensure that drivers newly covered by the
hazardous materials definition are required to obtain a CDL with a
hazardous materials endorsement, and are subject to the TSA security
screening process. The Agency made changes to Sec.  383.23(c) to ensure
that the rules governing the CDL learner's permit were consistent with
TSA's implementing regulations. FMCSA also added Sec.  384.233 to
describe the requirements with which States must comply.
    On April 29, 2005, FMCSA published another IFR that changed Sec.
383.141 to conform to changes in the TSA regulations. In Sec.
383.141(a), the Agency removed the applicability date and inserted a
cross-reference to the date in 49 CFR 1572.13(b). FMCSA also shortened
the time frame in Sec.  383.141(c) in which a State must give notice to
a holder from 180 days to 60 days. FMCSA required the notice to inform
the individual that he or she may initiate the security threat
assessment no later than 30 days before the date of expiration of the
endorsement, not the 90 days in the 2003 IFR.
    As noted in the table above, many of these provisions have been
amended and finalized in separate regulatory actions occurring since
2005. Today's action will finalize the following provisions, which have
not been otherwise revised or finalized since they were first
promulgated in 2003 or 2005:
    (1) Definition of ``Alien'' in Sec.  383.5;
    (2) Definition of ``Hazardous materials'' in Sec.  383.5;
    (3) Addition of paragraph (b)(4) to Sec.  383.93, requiring State-
issued endorsements on CDLs when the holder is operating a CMV used to
transport hazardous materials;
    (4) Creation of the Subpart title for subpart I (Requirement for
Transportation Security Administration approval of hazardous materials
endorsement issuances);
    (5) Addition of paragraphs (b) and (d) in Sec.  383.141,
prohibiting a State from issuing, renewing, upgrading, or transferring
a hazardous materials endorsement on a CDL unless TSA has determined
that the holder of the CDL does not pose a security risk, and
establishing a 5-year renewal cycle for hazardous materials
endorsements, respectively; and
    (6) Addition of Sec.  384.233, requiring States to comply with any
TSA requirements regarding background checks for drivers seeking to
obtain, renew, transfer, or upgrade a hazardous materials endorsement.

VI. Comment Response

    FMCSA solicited comments to both the 2003 and 2005 IFRs. The Agency
received over 50 comments on the 2003 IFR; a summary of those comments
is available in docket FMCSA-2001-11117. No comments were received on
the 2005 IFR.
    The comments filed in the FMCSA docket by the Commercial Vehicle
Safety Alliance, the American Association of Motor Vehicle
Administrators, and various States focused almost entirely on TSA
requirements rather than the FMCSA rule, and most appear to have been
filed in the TSA docket as well. TSA's 2003 IFR required States to
begin fingerprint-based criminal records background checks by November
3, 2003. The comments of the Iowa Department of Transportation are
typical of those filed by other affected parties: ``[T]he compliance
date of November 3, 2003, does not provide a reasonable amount of time
in which to make changes to the Iowa Administrative Code, to make
technical amendments to state statutes, to make appropriate computer
programming changes, to train employees and to put in place the
mechanism with law enforcement agencies for fingerprinting services or
contract with a third party for such services. Holding the
jurisdictions to an unreasonable compliance date may place every state
into a status of noncompliance with a CDL program we have worked hard
to be compliant with since 1992.'' In response to these and subsequent
objections, TSA moved the compliance date for fingerprint-based
background checks, first to April 1, 2004 (68 FR 63033, Nov. 7, 2003)
and then to January 31, 2005 (69 FR 17969, Apr. 6, 2004).
    Individual drivers, trucking companies, and several States
commented on TSA's list of offenses that would permanently disqualify a
driver from obtaining a hazardous materials endorsement. TSA therefore
amended that list in an IFR of November 24, 2004 (69 FR 68720).
    Finally, many States raised technical questions about the necessary
electronic interface with TSA and the Federal Bureau of Investigation,
which compares the fingerprints used for the criminal check against
available

criminal rap sheets. These were not strictly regulatory issues and were
resolved over time through technical and administrative solutions.
    FMCSA's IFR of April 29, 2005, simply required the States to comply
with the various changes TSA had implemented over the previous two
years.
    In short, the issues raised by commenters in 2003 are moot because
they involved procedural questions that have been resolved and
implementation deadlines that have long passed. The questions posed by
commenters have been resolved outside the context of the IFRs, and
requests for clarification of the IFRs or the TSA rules have been
satisfied through direct contacts with commenters and other affected
parties. Most importantly, commenters' objections have been met by
significant amendments to the TSA rules on background checks and by
subsequent conforming changes to the FMCSA regulations.
    As noted earlier, FMCSA re-opened the comment period on these two
IFRs in late 2018, and received one comment, jointly submitted by The
National Tank Truck Carriers, Inc. (NTTC) and the American Trucking
Associations (ATA), regarding Sec. 1978 of the FAA Act. NTTC and ATA
called for an update of 49 CFR 383.141, arguing that States are
empowered by 49 U.S.C. 5103(a) to issue hazardous materials
endorsements to drivers holding TWIC cards. NTTC and ATA requested that
FMCSA issue guidance to ensure that States adopt a common standard.
NTTC and ATA maintained that FMCSA is in a better position to instruct
States on how best to verify a TWIC's validity. NTTC and ATA argued
that, by virtue of 6 U.S.C. 1206 and Sec. 1978 of the FAA Act, Congress
intended the State driver licensing agencies and FMCSA to be the
primary actors in regulating the issuance of hazardous material
endorsements when TSA background checks are not required.
    Accordingly, NTTC and ATA requested that the Agency:
     Include 6 U.S.C. 1206 into the legislative authority for
hazardous materials endorsement background checks;
     Modify the requirements on States for issuing hazardous
materials endorsements to conform with Sec. 1978 of the FAA Act,
including the addition of a definition for TWIC; and
     Advise and liaise with TSA to modify 49 CFR part 1572,
subpart A, to conform with Sec. 1978 of the FAA Act.
    NTTC and ATA requested expansion of the rule's legislative
authority section to include Sec. 1556(b) of the Implementing
Recommendations of the 9/11 Commission Act of 2007, codified at 6
U.S.C. 1206. Section 1206 provides that an individual who has a valid
transportation employee identification card issued under 46 U.S.C.
70105 shall be deemed to have met the background records check required
under 49 U.S.C. 5103a. Although Sec. 1206 is directed to the Department
of Homeland Security, and not FMCSA, 49 U.S.C. 31305(a)(5)(C) requires
this Agency to issue regulations to ensure that a CDL applicant ``is
licensed by a State to operate the [commercial motor] vehicle after
having first been determined under section 5103a of this title as not
posing a security risk warranting denial of the license.'' To carry out
Sec. 31305(a)(5)(C), FMCSA must be able to implement the mandate of 6
U.S.C. 1206 and the amendments to 49 U.S.C. 5103a. The authority of
those provisions is therefore implicitly delegated to FMCSA and will be
listed in the authority citation for 49 CFR part 383.
    Further, NTTC and ATA requested modification of Sec.  383.141 to
properly vest the authority to issue hazardous materials endorsements
to individuals who hold TWICs with State driver licensing agencies.
FMCSA makes this adjustment to the regulation pursuant to the FAA Act.
The Agency is also adding a definition of TWIC as requested by the
commenter, to ensure there is no confusion among State driver licensing
agencies or drivers.
    Regarding the request that FMCSA liaise with the TSA to update 49
CFR parts 1570 and 1572 to ensure that they are grounded in
congressionally-delegated authority, FMCSA will forward this comment to
TSA, which has the sole authority to make changes to the cited
regulations.

VII. Regulatory Analyses

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

    FMCSA determined that this final rule is not a significant
regulatory action under section 3(f) of Executive Order (E.O.) 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order.
Accordingly, the Office of Management and Budget (OMB) has not reviewed
it under that Order. It is also not significant within the meaning of
DOT regulatory policies and procedures (DOT Order 2100.5 dated May 22,
1980; 44 FR 11034, Feb. 26, 1979).
    In a document published on December 4, 2018, FMCSA announced its
plan to adopt the provisions of the IFRs that had not previously been
made final, as well as its intention to incorporate sections 1977 and
1978 of the FAA Act. These sections, which were enforceable upon the
Act's publication on October 5, 2018, provided an exemption from the
TSA screening process for individuals holding a valid TWIC. This final
rule adds Sec.  383.141(b)(2) to 49 CFR to be consistent with this
provision in the FAA Act. This rulemaking also adopts as final the
elements of the 2003 IFR and the 2005 IFR.
    While some parts of the 2003 IFR remain unchanged, other elements
have been changed and made final by subsequent rulemaking. This
rulemaking finalizes the following sections:
     Section 383.5 (Definitions of ``Alien'', ``Hazardous
materials'', and ``TWIC'');
     Section 383.93(b)(4) (Endorsements);
     Section 383.141(b), (c), and (d) (Subpart I--Requirement
for Transportation Security Administration Approval of Hazardous
Materials Endorsement Issuances); and
     Section 384.233 (Background Records Checks).
    Because this rulemaking is procedural and simply finalizes those
provisions of the 2003 and 2005 IFRs that are not already final, and
incorporates provisions of the 9/11 Act and the FAA Act, this
rulemaking does not result in an incremental change from the IFRs.
Those statutes have been in effect since their enactment in 2007 and
2018, respectively. Thus, this rulemaking has no incremental impacts on
the regulated entities.

B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs

    This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal
agencies to consider the impact of their regulatory proposals on small
entities, analyze effective alternatives that minimize small entity
impacts, and make their analyses available for public comment.

The term ``small entities'' means small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000.\1\ Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
entities. Section 605 of the RFA allows an Agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
---------------------------------------------------------------------------

    \1\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Available
at: https://www.sba.gov/advocacy/regulatory-flexibility-act
(accessed Feb. 13, 2017).
---------------------------------------------------------------------------

    This rule directly affects the States and driver applicants for a
hazardous materials endorsement. Under the standards of the RFA, as
amended by the SBREFA, neither the States nor driver applicants for a
hazardous materials endorsement are small entities. States are not
considered small entities because they do not meet the definition of a
small entity in section 601 of the RFA. Specifically, States are not
considered small governmental jurisdictions under section 601(5) of the
RFA, both because State government is not included among the various
levels of government listed in section 601(5), and because, even if
this were the case, no State, including the District of Columbia, has a
population of less than 50,000, which is the criterion for a
governmental jurisdiction to be considered small under section 601(5)
of the RFA. Driver applicants for a hazardous materials endorsement are
not considered small entities because they too do not meet the
definition of a small entity in section 601 of the RFA. Specifically,
driver applicants for a hazardous materials endorsement are considered
neither a small business under section 601(3) of the RFA, nor are they
considered a small organization under section 601(4) of the RFA.
Therefore, this final rule does not have an impact on a substantial
number of small entities.
    Accordingly, I hereby certify that the action does not have a
significant economic impact on a substantial number of small entities.

D. Assistance for Small Entities

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

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $161 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2017 levels) or more in any 1 year. Though this final rule will not
result in such an expenditure, the Agency does discuss the effects of
this rule elsewhere in this preamble.

F. Paperwork Reduction Act

    This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' When FMCSA issued the original IFRs on
May 5, 2003 (68 FR 28344), and April 29, 2005 (70 FR 22268), it
determined that those rules did not impose substantial direct costs on
or for States, nor did they limit the policymaking discretion of
States. Nothing in this document preempts any State law or regulation.
Therefore, this rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Impact Statement.

H. E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this final rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, this regulatory action could not
disproportionately affect children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

K. Privacy Impact Assessment

    Because the 2003 IFR was in effect prior to the enactment of
section 522, of title I of division H of the Consolidated
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, 3268, Dec.
8, 2004, 5 U.S.C. 552a note), FMCSA was not required to provide a
Privacy Impact Assessment (PIA) for that rulemaking. This rulemaking is
an administrative action to clarify the legal status of the 2003 and
2005 IFRs, and it makes minor conforming changes to the CFR to
incorporate subsequent legislation. FMCSA, however, submitted a Privacy
Threshold Assessment (PTA) analyzing the rulemaking to the Secretary of
Transportation's Privacy Office for formal adjudication. FMCSA provides
the following description of the PTA, describing current requirements,
for information.
    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, requires the Agency to conduct a PIA of a
regulation that will affect the privacy of individuals. Any such

assessment must consider impacts of a final rule on the privacy of
information in an identifiable form and related matters. The FMCSA
Privacy Officer and the DOT Privacy Officer have evaluated the risks
and effects this rulemaking might have on collecting, storing, and
sharing personally identifiable information (PII) and have evaluated
protections and alternative information handling processes in
developing the final rule in order to mitigate potential privacy risks
and have determined that this rule does not require the collection of
PII by FMCSA. This rulemaking has the ultimate effect of requiring
individuals to provide sensitive PII to the Transportation Security
Administration (TSA). Individuals should refer to the TSA privacy
office website at https://www.dhs.gov/privacy-documents-transportation-security-administration-tsa for more information about TSA's collection
and use of the data.
    The E-Government Act of 2002, Public Law 107-347, Sec. 208, 116
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct
a PIA for new or substantially changed technology that collects,
maintains, or disseminates information in an identifiable form. No new
or substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. This is formally
documented in the PTA submitted to the DOT Privacy Officer. Therefore,
FMCSA has not conducted a privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211. The
Administrator of the Office of Information and Regulatory Affairs has
not designated it as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.

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

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

O. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) are standards that are developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, FMCSA did not consider the use of voluntary
consensus standards.

P. Environment (National Environmental Policy Act of 1969 (NEPA))

    FMCSA analyzed this rule for the purpose of NEPA (42 U.S.C. 4321 et
seq.) and determined this action is categorically excluded from further
analysis and documentation in an environmental assessment or
environmental impact statement under FMCSA Order 5610.1 (69 FR 9680,
Mar. 1, 2004), Appendix 2, paragraph 6.d. That categorical exclusion
relates to establishing regulations and actions taken pursuant to these
regulations that concern the training, qualifying, licensing,
certifying, and managing of personnel.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Commercial driver's license,
Commercial motor vehicles, Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

    For the reasons set forth in the preamble, FMCSA amends title 49,
Code of Federal Regulations, chapter III as follows.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. The authority citation for part 383 continues to read as follows:

    Authority: 6 U.S.C. 1206, 49 U.S.C. 521, 31136, 31301 et seq.,
and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 1012(b) of Pub. L. 107-56; 115 Stat. 272, 297, sec.
4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L.
112-141, 126 Stat. 405, 830; secs. 5401 and 7208 of Pub. L. 114-94,
129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.

0
2. In Sec.  383.5:
0
a. Adopt as final without change the definitions of ``Alien'' and
``Hazardous materials'' of the interim rule published May 5, 2003 (68
FR 23844); and
0
b. Add, in alphabetical order, a definition for ``TWIC''.
    The addition reads as follows:

Sec.  383.5  Definitions.

* * * * *
    TWIC means Transportation Worker Identification Credential as that
term is defined in 49 CFR 1570.3, which is the transportation security
card issued by TSA under the authority of 46 U.S.C. 70105.
* * * * *

Sec.  383.93  [Adopted as final and Amended]

0
3. Adopt as final the revision to Sec.  383.93(b)(4) in the interim
rule published May 5, 2003 (68 FR 23844) and revise paragraph (b)(4) by
removing ``, or'' and adding ``; or'' in its place.

0
4. In Sec.  383.141:
0
a. Revise paragraph (b);
0
b. Adopt as final without change paragraph (d) of the interim rule
published May 5, 2003 (68 FR 23844); and
0
c. Adopt as final without change paragraph (c) of the interim rule
published April 29, 2005 (70 FR 22268).
    The revision reads as follows:

Sec.  383.141  General.

* * * * *
    (b) Prohibition. A state may not issue, renew, upgrade, or transfer
a hazardous material endorsement for a CDL to any individual
authorizing that individual to operate a commercial motor vehicle
transporting a hazardous material in commerce unless--
    (1) The Transportation Security Administration has determined that
the individual does not pose a security risk warranting denial of the
endorsement; or

    (2) The individual holds a valid TWIC.
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
5. The authority citation for part 383 continues to read as follows:

    Authority:  6 U.S.C. 1206, 49 U.S.C. 31136, 31301 et seq., and
31502; secs. 103 and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767;
sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5401 and
7208 of Pub. L. 114-94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.

Sec.  384.233  [Adopted as final]

0
6. Adopt as final without change Sec.  384.233 of the interim rule
published May 5, 2003 (68 FR 23844).

    Issued under authority delegated in 49 CFR 1.87.

    Dated: September 18, 2019.
 Raymond P. Martinez,
 Administrator.
[FR Doc. 2019-20584 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Proposed Rules]
[Page 18721-18722]
[DOCID:fr07ap08-13]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0402; Directorate Identifier 2007-NM-165-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747 Airplanes and Model
767 Airplanes Equipped With General Electric CF6-80C2 and CF6-80A
Series Engines

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 747 airplanes and Model 767 airplanes. This
proposed AD would require revising the airplane flight manual to advise
the flightcrew to use certain procedures during descent in certain
icing conditions. This proposed AD results from reports of several in-
flight engine flameouts, including multiple dual engine flameout events
and one total power loss event, in ice-crystal icing conditions. We are
proposing this AD to ensure that the flightcrew has the proper
procedures to follow in certain icing conditions. These certain icing
conditions could cause a multiple engine flameout during flight without
the ability of the engines to be relit, and consequent forced landing
of the airplane.

DATES: We must receive comments on this proposed AD by May 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: Margaret Langsted, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6500; 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-2008-0402;
Directorate Identifier 2007-NM-165-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

    We have received reports indicating that there have been several
in-flight engine flameout events, including one dual event, on Model
767 airplanes and four dual events on Model 747 airplanes, in ice-
crystal icing conditions at altitudes between 13,000 and 36,000 feet
during descent. These airplanes were equipped with General Electric
(GE) CF6-80C2 series engines. Each flameout event was in or near
convective weather with ice-crystal icing; this type of icing does not
appear on radar due to its low reflectivity, and neither the airplane
ice detector nor visual indications indicate the presence of icing
conditions. Therefore, it is often undetected by the flightcrew. These
conditions can cause ice crystals to accumulate in the core flow path
of the engine during low-power conditions, such as idle or idle
descent. The accumulated ice sheds during throttle increase and is
ingested into the engine, causing the combustor to flameout resulting
in an in-flight flameout and potential damage to the high pressure
compressor due to ice impact. The GE CF6-80C2 and CF6-80A series
engines models have similar compressor designs.
    Activating the engine anti-ice increases the flameout margin and
reduces the potential for multiple engine flameouts by increasing bleed
flow and idle speed. Engine anti-ice also assists with relighting the
engines by turning on the igniters on airplanes that are not equipped
with autorelight. However, in several of the subject engine flameout
events, the engine anti-ice was already on when the engines flamed out.
In each flameout event, the engines relit and continued to operate
normally for the remainder of the flight.
    The requirement to activate the engine anti-ice prior to descent in
visible moisture with total air temperature less than 10 [deg]Celsius
(C) and greater than -40 [deg]C already exists for airplanes that are
not equipped with a primary in-flight ice detection system, which is
designed to automatically activate wing anti-ice and engine anti-ice
when the airplane is in icing conditions. However, the primary in-
flight ice detection system does not detect ice-crystal icing;
therefore, the engine anti-ice would not be activated during these
icing encounters. There is no requirement to activate engine anti-ice
at temperatures below -40 [deg]C, and this proposed AD would require
activation of engine anti-ice at temperatures below -40 [deg]C.
    This condition, if not corrected, could result in a multiple engine
flameout during flight without the ability of the engines to be relit,
and consequent forced landing of the airplane.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require revising the airplane flight
manual (AFM) to advise the flightcrew to use certain procedures during
descent in certain icing conditions.

Interim Action

    We consider this proposed AD interim action. If final action is
later

identified, we might consider further rulemaking then.

Costs of Compliance

    There are about 1,064 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFM revision......................................               1              $80               $0              $80              340          $27,200
--------------------------------------------------------------------------------------------------------------------------------------------------------

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-2008-0402; Directorate Identifier 2007-NM-
165-AD.

Comments Due Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747 airplanes and Model 767
airplanes, certified in any category, equipped with General Electric
CF6-80C2 or CF6-80A series engines.

Unsafe Condition

    (d) This AD results from reports of several in-flight engine
flameouts, including multiple dual engine flameout events and one
total power loss event, in ice-crystal icing conditions. We are
issuing this AD to ensure that the flightcrew has the proper
procedures to follow in certain icing conditions. These certain
icing conditions could cause a multiple engine flameout during
flight without the ability of the engines to be relit, and
consequent forced landing 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.

Airplane Flight Manual (AFM) Revision

    (f) Within 14 days after the effective date of this AD, revise
the Limitations Section of the Boeing 747 or 767 AFM, as applicable,
to include the following statement. This may be done by inserting a
copy of this AD into the AFM.
    ``Prior to descent in visible moisture and TAT less than 10
[deg]C, including SAT less than -40 [deg]C, nacelle anti-ice switch
must be in the ON position.''

    Note 1:
    When a statement identical to that in paragraph (f) of this AD
has been included in the general revisions of the AFM, the general
revisions may be inserted into the AFM, and the copy of this AD may
be removed from the AFM.

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 March 27, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-7153 Filed 4-4-08; 8:45 am]

BILLING CODE 4910-13-P


IMPORTANT NOTE TO USER:

This OMB form has been recreated in WP6.0 by OPPTS staff. The margins and lines are NOT block protected, so you must fill the form with caution, paying attention to any shifting of the existing text. The following tips should make this a simple task:

 Fill in the spaces by using the type over command. Otherwise you'll have to delete a space for each letter you add.

 Use the same font ( Times New Roman 8pt).

 Do not change table lines ( although you can delete an extra space line to provide more space elsewhere.

 It is not recommended that you convert this form to WP5.1, some of these features are not available in WP5.1, so the text will scramble.

If you have any problems or questions, please call your RID Desk Officer @ 260 2706. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA/ Office of Water/ Office of Science and Technology 2. OMB control number b.

None a_ 2 0 4 0  N E W 3. Type of information collection ( check one) a. O New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. O Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes O No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. O Three years from approval date b. G Other Specify: / /___

7. Title Cooling Water Intake Structures Phase II Existing Facility ( Final Rule)

8. Agency form number: EPA ICR No. 2060.02 9. Keywords: Clean Water Act Section 316( b), Cooling Water Intake Structures, Phase II Existing Facility Proposed Rule, Permit Application 10. Abstract U. S. EPA is promulgating the Existing Facility Rule ( Phase II) under Section 316( b) of the Clean Water Act, 33 U. S. C. Section 1326( b). The information requested will be included in permit applications and will be used by a permitting authority to assess the facility level compliance with the requirements of the rule. The information requested regarding location, design and structure of cooling water intake structures, velocity, flow, technologies to minimize to minimizing impingement and entrainment and the restoration technologies would help the permitting authorities to determine whether a facility has minimized the adverse environmental impacts from the operation of the cooling water intake structure 11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 334 b. Total annual responses 2,699 1. Percentage of these responses collected electronically 0 % c. Total hours requested 1,700,392 d. Current OMB inventory 0 e. Difference 1,700,392 f. Explanation of difference 1. Program Change 1,700,392 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 6,812 b. Total annual costs ( O& M) $ 14,187 c. Total annualized cost requested $ 20,999 d. Current OMB inventory 0 e. Difference $ 20,999 f. Explanation of difference 1. Program change $ 20,999 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. O Recordkeeping b. Q Third party disclosure c. O Reporting 1. O On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. O Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes O No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Timothy E. Connor, U. S. EPA/ Office of Water Phone: 202 566 1059 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Geoffrey H. Grubbs, Director Office of Science and Technology Office of Water Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43534-43535]
[FR Doc No: 2017-19724]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-1026-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 09/06/17 Negotiated Rates--
Direct Energy Business Marketing, LLC R-7465-07 to be effective 11/1/
2017.
    Filed Date: 9/6/17.
    Accession Number: 20170906-5047.
    Comments Due: 5 p.m. ET 9/18/17.

    Docket Numbers: RP17-1027-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 09/06/17 Negotiated Rates--
ENSTOR Energy Services, LLC R-7305-02 to be effective 11/1/2017.
    Filed Date: 9/6/17.
    Accession Number: 20170906-5048.
    Comments Due: 5 p.m. ET 9/18/17.

    Docket Numbers: RP17-1028-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 09/06/17 Negotiated Rates--
Consolidated Edison Company of New York R-560-16 to be effective 11/1/
2017.
    Filed Date: 9/6/17.
    Accession Number: 20170906-5049.
    Comments Due: 5 p.m. ET 9/18/17.

    Docket Numbers: RP17-1029-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 09/06/17 Negotiated Rates--
Hartree Partners, LP (HUB) 7090-89 to be effective 11/1/2017.
    Filed Date: 9/6/17.
    Accession Number: 20170906-5131.
    Comments Due: 5 p.m. ET 9/18/17.

    Docket Numbers: RP17-1030-000.
    Applicants: Equitrans, L.P.
    Description: Compliance filing Notice Regarding Non-Jurisdictional
Gathering Facilities (PEB-371 & PEG-82).
    Filed Date: 9/6/17.
    Accession Number: 20170906-5148.
    Comments Due: 5 p.m. ET 9/18/17.

    Docket Numbers: RP17-1031-000.
    Applicants: Florida Public Utilities Company, CITY OF PENSACOLA,
FLORIDA.
    Description: Joint Petition for Temporary Waivers of Capacity
Release Regulations and Related Tariff Provisions and Request for
Expedited Action and Shortened Comment Period of Florida Public
Utilities Company, et al. under RP17-1031.
    Filed Date: 9/7/17.
    Accession Number: 20170907-5196.
    Comments Due: 5 p.m. ET 9/14/17.

    Docket Numbers: RP11-2473-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Report Filing: 2016 Cash Pool Filing.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5071.
    Comments Due: 5 p.m. ET 9/20/17.

    Docket Numbers: RP11-2474-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Report Filing: 2016 Cash Pool Filing.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5072.
    Comments Due: 5 p.m. ET 9/20/17.

    Docket Numbers: RP17-1032-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 09/08/17 Negotiated Rates--
Twin Eagle Resource Management R-7300-06 to be effective 11/1/2017.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5074.
    Comments Due: 5 p.m. ET 9/20/17.

    Docket Numbers: RP17-1033-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 09/08/17 Negotiated Rates--
Mercuria Energy America, Inc. R-7540-12 to be effective 11/1/2017.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5078.
    Comments Due: 5 p.m. ET 9/20/17.

    Docket Numbers: RP17-1034-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Section 4(d) Rate Filing: Neg Rate 2017-09-07 Triad
Hunter (2) to be effective 9/8/2017.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5109.
    Comments Due: 5 p.m. ET 9/20/17.

    Docket Numbers: RP17-1035-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Section 4(d) Rate Filing: Minor Revisions and
Housekeeping Changes (2017) to be effective 10/8/2017.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5152.
    Comments Due: 5 p.m. ET 9/20/17.

    Docket Numbers: RP17-974-001.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Tariff Amendment: Garden Banks Supplemental LINK
Filing to be effective 10/1/2017.

    Filed Date: 9/8/17.
    Accession Number: 20170908-5069.
    Comments Due: 5 p.m. ET 9/15/17.

    Docket Numbers: RP17-976-001.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Tariff Amendment: Miss Canyon LINK Supplemental Filing
to be effective 10/1/2017.
    Filed Date: 9/8/17.
    Accession Number: 20170908-5070.
    Comments Due: 5 p.m. ET 9/15/17.

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

    Dated: September 11, 2017.
Nathaniel J. Davis, Sr.
Deputy Secretary.
[FR Doc. 2017-19724 Filed 9-15-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Page 77591]
[FR Doc No: 2013-30653]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-1023]

Drawbridge Operation Regulation; Shark River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the bascule span of the Route 71 Bridge
across Shark River (South Channel), mile 0.8, at Belmar, NJ. The
deviation is necessary to facilitate the replacement of motor seals and
instrumentation on the drawbridge. This deviation allows the bridge to
remain in the closed to navigation position during the rehabilitation
project.

DATES: This deviation is effective from 7 p.m. on Monday, January 6,
2014 until 5 a.m. on Friday, January 17, 2014.

ADDRESSES: The docket for this deviation [USCG-2013-1023] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Terrance Knowles, Environmental
Protection Specialist, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations, at
202-366-9826.

SUPPLEMENTARY INFORMATION: The New Jersey Department of Transportation
(NJDOT), the owner and operator of this bascule drawbridge, has
requested a temporary deviation from the current operating regulations
to help facilitate the replacement of motor seals and instrumentation
on the bridge. The Route 71 Bridge across Shark River (South Channel),
mile 0.8, at Belmar, NJ, has a vertical clearance in the closed
position of 13 feet above mean high water (MHW).
    Under the current operating schedule set out in 33 CFR 117.5 and
117.751(b), the draw must open promptly and fully for the passage of
vessels when a request or signal to open is given, from October 1
through May 14 of any year. Under this temporary deviation, the bridge
will be closed-to-navigation for the rehabilitation, which will
restrict the operation of the draw span from 7 p.m., on January 6, 2014
through 5 a.m., January 10, 2014 and from 7 p.m., on January 13, 2014
through 5 a.m., January 17, 2014. Vessels able to pass through the
bridge in the closed position may do so at anytime. The bridge will not
be able to open for emergencies and there is no alternate route for
vessels to pass this section of Shark River.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation. Waterway traffic
consists of recreational boats, tugs, and barges.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 13, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-30653 Filed 12-23-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43676-43677]
[FR Doc No: 2018-18521]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-Docket #OW-2018-0270; FRL-9982-88-OW]

Announcement of the Per- and Polyfluoroalkyl Substances (PFAS)
Heartland Community Engagement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of an event.

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

SUMMARY: The Environmental Protection Agency (EPA) will host a Per- and
Polyfluoroalkyl Substances (PFAS) Heartland Community Engagement in
Leavenworth, Kansas. The goal of the event is to allow the EPA to hear
directly from the EPA's Region VII communities to understand ways the
Agency can best support the work that is being done at the state,
tribal, and local level to address PFAS in the environment. For more
information on the event, visit the EPA's PFAS website: https://www.epa.gov/pfas/pfas-community-engagement. During the recent PFAS
National Leadership Summit, the EPA announced plans to visit
communities to hear directly from those impacted by PFAS. These
engagements are the next step in the EPA's commitment to address
challenges with PFAS. The EPA anticipates that the community
engagements will provide valuable insight for the Agency's efforts
moving forward. For more information, go to the SUPPLEMENTARY
INFORMATION section of this notice.

DATES: The event will be held on September 5, 2018. The meeting is
scheduled from 1 p.m. to 7:15 p.m., central time. The working session
will begin at 1 p.m., with the listening session to follow, starting at
3:30 p.m., central time.

ADDRESSES: The event will be held at the Riverfront Community Center,
123 S Esplanade Street, Leavenworth, Kansas 66048. If you are unable to
attend the Heartland Community Engagement, you will be able to submit
comments at http://www.regulations.gov: enter Docket ID No. EPA-OW-
2018-0270. Citizens, including those that attend and provide oral
statements, are encouraged to send written statements to the public
docket. Follow the online instructions for submitting comments. Once
submitted, comments cannot be edited or withdrawn. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Shields, USEPA Region 7, 11201
Renner Blvd. (Mail Code ENST/IO), Lenexa, KS 66219; telephone number:
913-551-7396; email address: [email protected].

SUPPLEMENTARY INFORMATION:
    Details about Participating in the Event: The public is invited to
speak during the September 5 listening session. Those interested in
speaking can sign up for a 3-minute speaking slot on the EPA's website
at https://www.epa.gov/pfas/pfas-community-engagement. Please check
this website for event materials as they become available, including a
full agenda, leading up to the event.
    The PFAS National Leadership Summit: On May 22-23, 2018, the EPA
hosted the PFAS National Leadership Summit. During the summit,
participants worked together to share information on ongoing efforts to
characterize risks from PFAS. Participants presented their efforts to
develop monitoring and treatment/cleanup techniques, identify specific
near-term actions that are needed to address challenges currently
facing states and local communities, and develop risk communication
strategies that will help communities to address public concerns
regarding PFAS.
    The EPA wants to assure the public that their input is valuable and
meaningful. Using information from the National Leadership Summit,
public

docket, and community engagements, the EPA plans to develop a PFAS
Management Plan for release later this year. A summary of the Heartland
Community Engagement will be made available to the public following the
event on the EPA's PFAS Community Engagement website at: https://www.epa.gov/pfas/pfas-community-engagement.

    Dated: August 17, 2018.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2018-18521 Filed 8-24-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Page 54630]
[FR Doc No: 2015-22752]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form T-6, OMB Control No. 3235-0391, SEC File No. 270-344.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form T-6 (17 CFR 269.9) is an application for eligibility and
qualification for a foreign person or corporation under the Trust
Indenture Act of 1939 (15 U.S.C. 77aaa et seq.). Form T-6 provides the
basis for determining whether a foreign person or corporation is
eligible to serve as a trustee for qualified indenture. Form T-6 takes
approximately 17 burden hours per response and is filed by
approximately 15 respondents annually. We estimate that 25% of the 17
hours (4.25 hours) is prepared by the filer for an annual reporting
burden of 64 hours (4.25 hours per response x 15 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collections of information
on respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: September 3, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22752 Filed 9-9-15; 8:45 am]
BILLING CODE 8011-01-P


  SEQ CHAPTER \h \r 1  ADVANCE \y 63 UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania  19103-2029

										June 29, 2010

The Honorable Edward G. Rendell

Governor of the Commonwealth of Pennsylvania

225 Main Capital Building

Harrisburg, Pennsylvania 17120

Dear Governor Rendell:

On April 14, 2010, the Pennsylvania Department of Environmental
Protection (PADEP) provided the U.S. Environmental Protection Agency
(EPA) Region III Office with a revised state implementation plan (SIP)
submission regarding the attainment demonstration requirements for the
1997 fine particulate matter (PM2.5) national ambient air quality
standards (NAAQS) for the Pennsylvania portion of the
Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware PM2.5
nonattainment area (hereafter referred to as the Philadelphia area).  We
reviewed this submission and made the determination that it met the
requirements for completeness found in Section 110(k)(1) of the Clean
Air Act (CAA) on April 23, 2010.

The CAA requires states with areas that are designated nonattainment for
the 1997 PM2.5 NAAQS, to develop a SIP describing how the state will
attain and maintain the PM2.5 NAAQS (attainment demonstration) within
three years of the effective date of the designation.  Effective April
5, 2005, EPA designated the Pennsylvania portion of the Philadelphia
area as nonattainment for PM2.5 NAAQS.  As a result of this
nonattainment designation, the Pennsylvania portion of the Philadelphia
area was required to provide EPA with an attainment demonstration by
April 5, 2008.

On November 27, 2009 (74 FR 62251), EPA issued a finding of failure to
submit the 1997 PM2.5 NAAQS attainment demonstration for the
Pennsylvania portion of the Philadelphia area.  This finding started an
18-month sanctions clock for a two for one new source offset, and six
months later, highway sanctions, if the deficiency was not corrected.
To correct this deficiency, the Pennsylvania portion of the Philadelphia
area was required to provide a submission that EPA could deem complete
pursuant to Section 110(k)(1) of the CAA and the “Criteria for
Determining the Completeness of Plan Submissions,” as described in 40
CFR Part 51, Appendix V.

EPA has reviewed the April 14, 2010 submission that comprises
Pennsylvania’s attainment demonstration for the Pennsylvania portion
of the Philadelphia area.  On

April 23, 2010, EPA sent a letter to PADEP stating that EPA has
determined that this submission meets the completeness determination
requirements.  This completeness determination for the attainment
demonstration terminates the sanctions clock; thus, sanctions will not
take effect in this area as a result of the finding of failure to submit
previously made on November 27, 2009.

EPA is currently reviewing the approvability of this submission and will
make its final determination through rulemaking in the Federal Register.

If you have any questions, please do not hesitate to contact me or have
your staff contact Mrs. Megan Mackey, EPA’s Pennsylvania Liaison, at
215-814-5534.  Any questions regarding Pennsylvania’s SIP submittal
can be directed to Ms. Diana Esher, Director, Air Protection Division,
at<PHONE_NUMBER>.

	Sincerely,

						/s/  William C. Early

          Shawn M. Garvin

                          			          Regional Administrator

cc:   	Honorable John Hanger, Secretary

	Pennsylvania Department of Environmental Protection

Ms. Joyce E. Epps, Director, Bureau of Air Quality

	Pennsylvania Department of Environmental Protection

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Customer Service Hotline: 1-800-438-2474