[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68748-68749]
[FR Doc No: 2011-28762]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1138; FRL-9488-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting and Recordkeeping
Requirements for Importation of Nonroad Engines and Recreational
Vehicles (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 7,
2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-1138, to (1) EPA online using http://www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Avenue NW., Washington, DC 20460, and (2) OMB by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Holly Pugliese, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Environmental Protection Agency, 2000 Traverwood Dr., Ann
Arbor, Michigan, 48105; telephone number:<PHONE_NUMBER>; fax number:
(734) 214-4869; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 29, 2011 (76 FR 38151), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2007-1138, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the full docket ID name
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Reporting and Recordkeeping Requirements for Importation of
Nonroad Engines and Recreational Vehicles (Renewal)
    ICR numbers: EPA ICR No. 1723.06, OMB Control No. 2060-0320.
    ICR Status: This ICR is scheduled to expire on December 31, 2011.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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 OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if

applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Individuals and businesses importing on and off-road
motor vehicles, motor vehicle engines, or nonroad engines, including
nonroad engines incorporated into nonroad equipment or nonroad
vehicles, report and keep records of vehicle and engine importations,
request prior approval for vehicle and engine importations, or request
final admission for vehicles and engines conditionally imported into
the U.S. The collection of this information is mandatory in order to
ensure compliance of nonroad vehicles and engines with Federal
emissions requirements. Joint EPA and Customs regulations at 40 CFR
85.1501 et seq., 89.601 et seq., 90.601 et seq., 91.703 et seq., 92.803
et seq., 94.803 et seq., 1068.301 et seq., and 19 CFR 12.73 and 12.74
promulgated under the authority of Clean Air Act Sections 203 and 208
give authority for the collection of information. This authority was
extended to nonroad engines and vehicles under section 213. The
information is used by program personnel to help ensure that all
Federal emission requirements concerning imported motor vehicles and
nonroad engines are met. Any information submitted to the Agency for
which a claim of confidentiality is made will be safeguarded according
to policies set forth in Title 40, Chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR 2.201 et seq.). The
public is not permitted access to information containing personal or
organizational identifiers.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.5
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Individual importers and companies
who import, or import and manufacture, nonroad engines and recreational
vehicles.
    Estimated Number of Respondents: 4,801.
    Frequency of Response: Once per entry. (One form per shipment may
be used.) .
    Estimated Total Annual Hour Burden: 6,029.
    Estimated Total Annual Cost: $299,481. This includes an estimated
burden cost of $261,479 and an estimated cost of $38,002 for capital
investment or maintenance and operational costs.
    Changes in the Estimates: There are no changes in the number of
hours in the total estimated respondent burden compared with that
identified in the ICR currently approved by OMB. Form 3520-21 has
remained relatively unchanged since the previous renewal and therefore
the burden for filling in the form remains unchanged.

    Dated: November 1, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-28762 Filed 11-4-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 5, 2009 (Volume 74, Number 42)]
[Notices]
[Page 9610]
[DOCID:fr05mr09-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-14-000]

Atmos Energy Corporation; Notice of Informational Rate Filing

February 26, 2009.
    Take notice that on February 19, 2009, Atmos Energy Corporation
(Atmos), filed an informational rate filing pursuant to the
Commission's June 9, 2003 Letter Order in Docket No. PRO3-10-000. Atmos
states that the purpose of the filing is to present information
consistent with the Commission's authority under 15 U.S.C. 717i(a) in
order to allow the Commission to monitor Atmos' jurisdictional rates
under Section 5 of the Natural Gas Act. Atmos further states that it
seeks no change in its existing rates and charges or the previously
approved terms and conditions upon which it provides service.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Friday, March 13, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4712 Filed 3-4-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89455-89456]
[FR Doc No: 2016-29696]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-501-000]

Texas Eastern Transmission, LP; Notice of Schedule for
Environmental Review of the Proposed Marshall County Mine Panel 17W
Project

    On September 15, 2016, Texas Eastern Transmission, LP (Texas
Eastern) filed an application in Docket No. CP16-501-000 requesting a
Certificate of Public Convenience and Necessity pursuant to Section
7(c) of the Natural Gas Act to construct and operate certain natural
gas pipeline facilities. The proposed project is known as Marshall
County Mine Panel 17W Project (Project) located in Marshall County,
West Virginia.
    On September 29, 2016, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice

of Application for the Project. Among other things, that notice alerted
agencies issuing federal authorizations of the requirement to complete
all necessary reviews and to reach a final decision on a request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's Environmental Assessment (EA) for the Project. This
instant notice identifies the FERC staff's planned schedule for the
completion of the EA for the Project.

Schedule for Environmental Review

Issuance of EA--January 24, 2017
90-day Federal Authorization Decision Deadline--April 24, 2017

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Texas Eastern proposes to excavate and elevate sections of its
Lines 10 (30-inch-diameter), 15 (30-inch-diameter), 25 (36-inch-
diameter) and 30 (36-inch-diameter) to minimize and monitor potential
strains on the pipelines due to anticipated longwall mining activities
of Marshall Coal. Concurrent with pipeline elevation, portions of two
of the lines, Lines 10 and 15, will be replaced with new pipe to
accommodate a minimum US Department of Transportation Class 2 design.
The sections of Lines 25 and 30 will be removed and Texas Eastern will
perform maintenance activities on them. The four mainline sections will
be returned to natural gas service while remaining elevated using
sandbags and skids during the longwall mining activities and potential
ground subsidence. Once the mining-induced subsidence and the 2017-2018
heating season have both ended, the two sections of Lines 10 and 15
located within wetlands will be removed and the four elevated pipeline
sections will be re-installed belowground, hydrostatically tested, and
placed back into service.

Background

    On September 30, 2016, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Marshall County
Mine Panel 17W Project and Request for Comments on Environmental Issues
(NOI). The NOI was sent to affected landowners; federal, state, and
local government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. The Commission did not receive any
comments in response to the NOI.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP16-501), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.

    Dated: December 6, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-29696 Filed 12-9-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Proposed Rules]
[Pages 30258-30266]
[FR Doc No: 2013-12123]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 109

[Docket No. PHMSA-2012-0259 (HM-258B)]
RIN 2137-AE98

Hazardous Materials: Enhanced Enforcement Procedures--Resumption
of Transportation

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA is proposing to address certain matters identified in
the Hazardous Materials Transportation Safety Act of 2012 related to
the Department's enhanced inspection, investigation, and enforcement
authority. Specifically, we are proposing to amend the opening of
packages provision to include requirements for perishable hazardous
material; add a new notification section; and add a new equipment
section to the Department's procedural regulations. For the mandates to
address certain matters related to the Department's enhanced
inspection, investigation, and enforcement authority, we are proposing
no additional regulatory changes. We believe that the Department's
current

rules that were previously established through notice and comment
rulemaking and existing policies and operating procedures thoroughly
address the hazmat transportation matters identified by Congress. These
inspection and enforcement procedures will not change the current
inspection procedures for DOT, but will augment DOT's existing
enforcement procedures and allow the Department to respond immediately
and effectively to conditions or practices that pose serious threats to
life, property, or the environment. As this rule affects only agency
enforcement procedures, it therefore results in no additional burden of
compliance costs to industry.

DATES: Comments must be received by July 22, 2013. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.

ADDRESSES: You may submit comments by identification of the docket
number (PHMSA-2012-0259 (HM-258B)) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Vincent Lopez or Shawn Wolsey, Office
of Chief Counsel, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Summary of Proposals in This NPRM
IV. Summary Review of Proposed Amendments
V. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, 13563, and DOT Regulatory Policies and
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
VI. List of Subjects

I. Executive Summary

    On July 6, 2012, the President signed the Moving Ahead for Progress
in the 21st Century Act, or the MAP-21, which included the Hazardous
Materials Transportation Safety Improvement Act of 2012 (HMTSIA) as
Title III of the statute. Public Law 112-141, 126 Stat. 405, July 6,
2012. Section 33009 of HMTSIA revised 49 U.S.C. 5121 to include a
notification requirement. Congress also directed the Department to
address certain hazmat transportation matters through rulemaking:
     The safe and expeditious resumption of transportation of
perishable hazardous material, including radiopharmaceuticals and other
medical products that may require timely delivery due to life-
threatening situations;
     The means by which non-compliant packages that present an
imminent hazard are placed out-of-service until the condition is
corrected;
     The means by which non-compliant packages that do not
present a hazard are moved to their final destination;
     Appropriate training and equipment for inspectors; and
     The proper closure of packaging in accordance with the
hazardous material regulations.
    We are proposing in this rulemaking, as described further below, to
clarify the Department's position with respect to perishable hazardous
material, by amending the opening of packages provision of the
Department's hazardous materials procedural regulations for the opening
of packages, emergency orders, and emergency recalls. The amendment
recognizes the special characteristics and handling requirements of
perishable hazardous material by clarifying that an agent will stop or
open a package containing a perishable hazardous material only after
the agent has utilized appropriate alternatives. We are also proposing
to codify the statutory notification requirement in HMTSIA by
incorporating into the regulations the Department's current
notification procedures from the operations manual. Finally, we are
proposing to add a new provision to address appropriate equipment for
inspectors. For the remaining mandates to address certain matters
related to the Department's enhanced inspection, investigation, and
enforcement authority, we are proposing no additional regulatory
changes. We believe that the Department's current rules that were
previously established through notice and comment rulemaking and
existing policies and operating procedures thoroughly address the
hazmat transportation matters identified by Congress as requiring
additional regulations. For instance, in a prior rulemaking, the
Department established, in Part 109, procedural regulations for opening
packages, removing packages from transportation, and closing packages.
These regulations include the definition of key terms, including
perishable hazardous material. The regulations address how the
Department's agents will handle non-compliant packages that present an
imminent hazard and those that do not. Moreover, the rules address when
and how the Department's agents will open a package. And, if an agent
opens a package, there are procedural rules for closing the package and
ensuring its safe resumption of transportation, if applicable. In
addition, the Department developed an internal operations manual for
training and use by its hazmat inspectors and investigators across all
modes of transportation. The operations manual's guidance is intended
to target and manage the use of the enhanced inspection and enforcement
authority in a uniform and consistent manner within the Department. At
this time, we do not have any data or other information that indicate
the rules, policies, and operating procedures currently in place are
inadequate or that additional regulations are necessary.

II. Background

    On March 2, 2011, we issued a final rule under Docket No. PHMSA-
2005-22356 (PHM-7), ``Hazardous Materials: Enhanced Enforcement
Procedures.'' 76 FR 11570. The final rule became effective on May 2,
2011. The rule implemented enhanced inspection, investigation, and
enforcement authority conferred on the Secretary of Transportation
(Secretary) by the

Hazardous Materials Transportation Safety and Security Reauthorization
Act of 2005 (HMTSSRA). The final rule established procedures for
issuance of emergency orders (restrictions, prohibitions, recalls, and
out-of-service orders) to address unsafe conditions or practices posing
an imminent hazard; opening of packages to identify undeclared or non-
compliant shipments, when the person in possession of the package
refuses a request to open it; and the temporary detention and
inspection of potentially non-compliant packages. 76 FR 11570 (codified
at 49 CFR, Part 109). In conjunction with the final rule, the
Department of Transportation (Department or DOT) developed an internal
operations manual for training and use by its inspectors and
investigators (collectively agents). The operations manual is a joint
document created by the operating administrations that enforce the
Hazardous Materials Regulations, 49 CFR parts 171-180 (HMR) \1\, to
provide guidance to agents who, in the course of conducting
inspections, determine that they need to open a package, remove a
package from transportation, or perform any other authorized function
in Part 109. The manual seeks to establish baseline conditions that
will ensure consistent application of the authorities exercised under
49 CFR part 109 at a minimum threshold. The guidance is intended to
target and manage the use of enhanced inspection and enforcement
authority in a manner that minimizes burdens on the transportation
system while, at the same time, meets the overriding mission of
transportation safety. The operations manual was made available to the
public on the PHMSA Web site, http://www.phmsa.dot.gov.
---------------------------------------------------------------------------

    \1\ Under authority delegated by the Secretary of
Transportation, four agencies within DOT enforce the Hazardous
Materials Regulations, 49 CFR Parts 171-180 and other regulations,
approvals, special permits, and orders issued under Federal
Hazardous Materials Transportation Law, 49 U.S.C. Sec. Sec.  5101 et
seq.: (1) Federal Aviation Administration, 49 CFR 1.83(d)(1); (2)
Federal Railroad Administration, 49 CFR 1.89(j); (3) Federal Motor
Carrier Safety Administration, 49 CFR 1.87(d)(1); and (4) The
Pipeline and Hazardous Materials Safety Administration, 49 CFR
1.97(b). The secretary has delegated authority to each respective
operating administration to exercise the enhanced inspection and
enforcement authority conferred by HMTSSRA. 71 FR 52751, 52753
(Sept. 7, 2006). The United States Coast Guard is authorized to
enforce the Hazardous Materials Regulations in connection with
certain transportation or shipment of hazardous materials by water
but does not have Congressional/delegated authority to carry out the
enhanced inspection, investigation, and enforcement authority.
---------------------------------------------------------------------------

    On July 6, 2012, the President signed the Moving Ahead for Progress
in the 21st Century Act, or the MAP-21, which included the Hazardous
Materials Transportation Safety Improvement Act of 2012 (HMTSIA) as
Title III of the statute. Public Law 112-141, 126 Stat. 405, July 6,
2012. Section 33008 of HMTSIA created a mandate for the Department to
develop uniform performance standards for hazmat inspectors and
investigators:

    (a) In General--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop uniform
performance standards for training hazardous material inspectors and
investigators on--
    (1) how to collect, analyze, and publish findings from
inspections and investigations of accidents or incidents involving
the transportation of hazardous material; and
    (2) how to identify noncompliance with regulations issued under
chapter 51 of title 49, United States Code, and take appropriate
enforcement action.
    (b) Standards and Guidelines--The Secretary may develop--
    (1) guidelines for hazardous material inspector and investigator
qualifications;
    (2) best practices and standards for hazardous material
inspector and investigator training programs; and
    (3) standard protocols to coordinate investigation efforts among
Federal, State, and local jurisdictions on accidents or incidents
involving the transportation of hazardous material.
    (c) Availability--The standards, protocols, and guidelines
established under this section--
    (1) shall be mandatory for--
    (A) the Department of Transportation's multimodal personnel
conducting hazardous material enforcement inspections or
investigations; and
    (B) State employees who conduct federally funded compliance
reviews, inspections, or investigations; and
    (2) shall be made available to Federal, State, and local
hazardous material safety enforcement personnel.

126 Stat. at 836.

    Section 33009 of HMTSIA revised 49 U.S.C. 5121, to include a
notification requirement. Congress also directed the Department to
address certain hazmat transportation matters through rulemaking:

    (a) Notice of Enforcement Measures--Section 5121(c)(1) is
amended--
    (1) in subparagraph (E), by striking ``and'' at the end;
    (2) in subparagraph (F), by striking the period at the end and
inserting ``; and''; and
    (3) by adding at the end the following:
    ``(G) shall provide to the affected offeror, carrier, packaging
manufacturer or tester, or other person responsible for the package
reasonable notice of--
    ``(i) his or her decision to exercise his or her authority under
paragraph (1);
    ``(ii) any findings made; and
    ``(iii) any actions being taken as a result of a finding of
noncompliance.''.
    (b) Regulations--
    (1) Matters To Be Addressed--Section 5121(e) is amended by
adding at the end the following:
    ``(3) Matters To Be Addressed--The regulations issued under this
subsection shall address--
    ``(A) the safe and expeditious resumption of transportation of
perishable hazardous material, including radiopharmaceuticals and
other medical products, that may require timely delivery due to
life-threatening situations;
    ``(B) the means by which--
    ``(i) noncompliant packages that present an imminent hazard are
placed out-of-service until the condition is corrected; and
    ``(ii) noncompliant packages that do not present a hazard are
moved to their final destination;
    ``(C) appropriate training and equipment for inspectors; and
    ``(D) the proper closure of packaging in accordance with the
hazardous material regulations.''.
    (2) Finalizing Regulations--In accordance with section
5103(b)(2) of title 49, United States Code, not later than 1 year
after the date of enactment of this Act, the Secretary shall take
all actions necessary to finalize a regulation under paragraph (1)
of this subsection.
* * * * *
126 Stat. at 836-7.

    As described further below, we believe that the Department's
current rules that were previously established through notice and
comment rulemaking and existing policies and operating procedures
thoroughly address the congressional mandates to address certain hazmat
transportation matters. In PHM-7, the Department established procedural
regulations for opening packages, removing packages from
transportation, and closing packages. These regulations include the
definition of key terms, including perishable hazardous material. The
regulations address how the Department's agents will handle non-
compliant packages that present an imminent hazard and those that do
not. Moreover, the rules address when and how the Department's agents
will open a package. And, if an agent opens a package, there are
procedural rules for closing the package and ensuring its safe
resumption of transportation, if applicable. In addition, the
Department developed an internal operations manual for training and use
by its hazmat inspectors and investigators across all modes of
transportation. The operations manual's guidance is intended to target
and manage the use of the enhanced inspection and enforcement authority
in a uniform and consistent manner within the Department. At this time,
we do not have any data or other information that indicate the rules,
policies, and

operating procedures currently in place are inadequate or that
additional regulations are necessary.

III. Summary of Proposals in This NPRM

    In MAP-21 Congress directed the Secretary to address certain
transportation matters related to the Department's enhanced inspection,
investigation, and enforcement authority. The relevant MAP-21 mandates
for this rulemaking are:
     Notice of enforcement measures;
     The safe and expeditious resumption of transportation of
perishable hazardous material, including radiopharmaceuticals and other
medical products that may require timely delivery due to life-
threatening situations;
     The means by which non-compliant packages that present an
imminent hazard are placed out-of- service until the condition is
corrected;
     The means by which non-compliant packages that do not
present a hazard are moved to their final destination;
     Appropriate training and equipment for inspectors; and
     The proper closure of packaging in accordance with the
hazardous material regulations.
    We are proposing in this rulemaking, as described further below, to
clarify the Department's position with respect to perishable hazardous
material, by amending the opening of packages provision of the
Department's hazardous materials procedural regulations for the opening
of packages, emergency orders, and emergency recalls. The amendment
recognizes the special characteristics and handling requirements of
perishable hazardous material by clarifying that an agent will stop or
open a package containing a perishable hazardous material only after
the agent has utilized appropriate alternatives. We are also proposing
to codify the statutory notification requirement in HMTSIA by
incorporating into the regulations the Department's current
notification procedures from the operations manual that was developed
in conjunction with the PHM-7 final rule. Finally, we are proposing to
add a new provision to address appropriate equipment for inspectors.
    For the remaining mandates to address certain matters related to
the Department's enhanced inspection, investigation, and enforcement
authority, we are proposing no additional regulatory changes. We
believe that the Department's current rules that were previously
established through notice and comment rulemaking and existing policies
and operating procedures thoroughly address the hazmat transportation
matters identified by Congress. For instance, in a prior rulemaking,
the Department established, in Part 109, procedural regulations for
opening packages, removing packages from transportation, and closing
packages. These regulations include the definition of key terms,
including perishable hazardous material. The regulations address how
the Department's agents will handle non-compliant packages that present
an imminent hazard and those that do not. Moreover, the rules address
when and how the Department's agents will open a package. And, if an
agent opens a package, there are procedural rules for closing the
package and ensuring its safe resumption of transportation, if
applicable. In addition, the Department developed an internal
operations manual for training and use by its hazmat inspectors and
investigators across all modes of transportation. The operations
manual's guidance is intended to target and manage within the
Department the use of the enhanced inspection and enforcement authority
in a uniform and consistent manner. At this time, we do not have any
data or other information that indicate the rules, policies, and
operating procedures currently in place are inadequate or that
additional rulemaking is necessary.

Notice of Enforcement Measures

    In PHM-7, we established procedures to implement the enhanced
inspection, investigation, and enforcement authority conferred on the
Secretary through HMTSSRA. In the NPRM for that rule, in response to
commenters' concerns about notifying offerors and consignees about a
possible delay in arrival, we agreed that all parties responsible for a
shipment that is opened or removed from transportation need to be
notified of the action taken. We said that ``DOT inspectors will be
required to communicate the findings made and enforcement measures
taken to the appropriate offeror, recipient, and carrier of the package
. . .''. 73 FR 57288. In the final rule, we outlined how we would
notify affected parties when an agent exercises one of the new
authorities. 76 FR 11580. In the preamble to the final rule, we
explained that the notification procedures would be incorporated into
the Department's joint operations manual. Id. The notification
procedures that we developed for the joint operations manual address
situations where an agent may exercise a 49 CFR Part 109 authority for
a package that is in transit. In this case, the person in possession of
the package, such as a carrier, may not be the person responsible for
the package, i.e. the offeror. Therefore, we set out separate
procedures for immediately notifying the person in possession and the
original offeror. Generally, the agent will verbally notify the person
in possession. If the person in possession is not the original offeror,
the agent will also take reasonable measures to notify the original
offeror.
    In MAP-21 Congress added a notification requirement to the
Department's inspection and investigation authority. Specifically,
Section 5121(c)(1) was amended to include new subparagraph (G). Section
5121(c)(1) now reads:

    ``(c) Inspections and investigations.--
    (1) In general.--A designated officer, employee, or agent of the
Secretary--

* * * * *
    (G) shall provide to the affected offeror, carrier, packaging
manufacturer or tester, other person responsible for the package
reasonable notice of--
    (i) his or her decision to exercise his or her authority under
paragraph (1);
    (ii) any findings made; and
    (iii) any actions being taken as a result of a finding of
noncompliance.

126 Stat. at 836-7.

    We are proposing in this rulemaking to codify this statutory
notification requirement by incorporating into the regulations the
Department's current notification procedures from the joint operations
manual. As discussed above, the joint operations manual includes
procedures and guidance to agents for providing notice of enforcement
measures taken under 49 CFR part 109. The procedures in the manual are
comprehensive and comport with the statutory mandate. As such, under
this proposal, a new notification section will be added to part 109,
subpart B of 49 CFR. It will require that an agent, after exercising a
49 CFR part 109 inspection or investigation authority, immediately take
reasonable measures to notify the appropriate person of the reason for
the action being taken, the results of any preliminary investigation
including apparent violations of the HMR, and any further action that
may be warranted.

The Safe and Expeditious Resumption of Transportation of Perishable
Hazardous Material

    We addressed the opening, reclosing, and resumption of
transportation of perishable hazardous material in a previous
rulemaking. In PHM-7, we defined ``perishable hazardous material'' as
``a hazardous material that is subject to significant risk of speedy
decay, deterioration, or spoilage, or

hazardous materials consigned for medical use, in the prevention,
treatment, or cure of a disease or condition in human beings or animals
where expeditious shipment and delivery meets a critical medical
need.'' 76 FR 11592 (codified at 49 CFR Sec.  109.1). Further, we
established procedures for reclosing a package containing a perishable
hazardous material and its safe and expeditious resumption of
transportation. Section 109.13 contains the requirements for the
closing of packages and the safe resumption of transportation,
including a specific requirement pertaining to perishable hazardous
material.
    We believe the definition of perishable hazardous material and the
rules, current procedures, and guidance already developed for reclosing
packages, sufficiently address Congress' concern and the need for
expeditious treatment of these types of materials. We also note that in
the Department's joint operations manual, we have significantly
restricted an agent's ability to handle or open a package containing
perishable hazardous material. For example, an agent must have been
trained in the handling of the specific material and may only open a
perishable hazardous material package in a designated facility, if
required, and have all safety equipment, handling equipment, and
materials to properly close the package. Notwithstanding, in order to
clarify the Department's position with respect to perishable hazardous
material, we are proposing to amend the opening of packages provision
of the Department's hazardous materials procedural regulations for the
opening of packages, emergency orders, and emergency recalls. The
amendment recognizes the special characteristics and handling
requirements of perishable hazardous material by clarifying that an
agent will stop or open a package containing a perishable hazardous
material only after the agent has utilized appropriate alternatives.
    In consideration of the special characteristics and handling
requirements of perishable hazardous material, we are proposing to
establish a Department policy that its agents will not intentionally
open packages containing perishable hazardous material unless a
compelling safety need exists. However, in accordance with our current
procedures, an agent may stop, remove, or have a package containing
these types of materials transported to a facility for further
examination and analysis. We solicit comments from the public whether
excluding these types of materials is appropriate.

Handling of non-compliant packages

    In MAP-21 Congress mandated that the Department take all actions
necessary to finalize a regulation addressing the means by which non-
compliant packages are processed when an agent exercises an authority
under Part 109. Specifically, Section 5121(e) was amended to include
new paragraph (3). The relevant amendment to Section 5121(e) includes
the following language:

* * * * *
    (3) Matters to be addressed.--The regulations issued under this
subsection shall address--
* * * * *
    (B) the means by which--
    (i) noncompliant packages that present an imminent hazard are
placed out-of-service until the condition is corrected; and
    (ii) noncompliant packages that do not present a hazard are
moved to their final destination.

* * * * *

126 Stat. at 837.

    The Department's procedural rules for opening of packages,
emergency orders, and emergency recalls are in 49 CFR part 109. These
procedures address the means by which a non-compliant package that is
found to be an imminent hazard is placed out-of-service. Specifically,
in Sec.  109.13, if an imminent hazard is found to exist after an agent
opens a package, the operating administration's authorized official may
issue an out-of-service order prohibiting the movement of the package.
49 CFR 109.13(b). The package must be removed from transportation until
it is brought into compliance. Id. An out-of-service order is a type of
emergency order. In 49 CFR, subpart C of part 109 contains the
procedural regulations for issuing an out-of-service emergency order,
including procedures for administrative review, reconsideration, and
appellate review of an emergency order. Furthermore, the joint
operations manual provides inspection personnel with step-by-step
procedures and additional guidance for issuing an out-of-service order.
For example, at least two levels of review and consultation with the
operating administration's legal office is required before an emergency
order can be issued. Moreover, the operations manual addresses
documentation requirements, notification, service, publication, and
termination requirements.
    Regarding non-compliant packages that do not present a hazard, it
is important to note that a non-compliant package may not continue in
transportation until all identified non-compliant issues are resolved.
49 CFR 109.13(d). In the PHM-7 final rule where we established the
enhanced enforcement procedures, we stated that for a non-compliant
package, the agent would not close the package and that there is no
obligation to bring that package into compliance. 76 FR 11587. Further,
we stated, ``[t]he Department's operating administrations will not be
responsible for bringing an otherwise non-compliant package into
compliance and resuming its movement in commerce.'' Id. We reasoned
that if the package does not conform to the HMR at the time of
inspection, the act that a DOT official opened it in the course of an
inspection or investigation will not make DOT or its agent responsible
for bringing the package into compliance. Id.
    In light of the above, we have already fulfilled the applicable
mandate for the handling of non-compliant packages and no further
action is required.

Appropriate Training and Equipment for Inspectors

    Congress recognized that ``[t]here is currently no uniform training
standard for hazardous materials (`hazmat') inspectors and
investigators.'' H. Conf. Rep. No. 112-557 at 610 (2012). To address
this problem, it mandated in MAP-21 that the Secretary establish
uniform performance standards for training hazmat inspectors and
investigators no later than eighteen months from the date of enactment
of the Act. 126 Stat. at 836. The mandate authorizes the development of
guidelines for hazmat inspector and investigator qualifications; best
practices and standards for hazmat inspector and investigator training
programs; and standard protocols to coordinate investigation efforts
among Federal, State, and local jurisdictions on accidents or incidents
involving the transportation of hazardous material. In order to achieve
a uniform hazmat training standard, Congress required that the
standards, protocols, and guidelines developed would be mandatory to
the Department's multimodal personnel conducting hazmat enforcement
inspections and investigations.
    Additionally, Congress mandated that the Department take all
actions necessary to finalize a regulation, no later than one year from
the date of enactment of the Act, addressing appropriate training and
equipment for inspectors when exercising an authority under 49 CFR Part
109. Specifically, Section 5121(e) was amended to include new paragraph
(3). The relevant

amendment to Section 5121(e) includes the following language:

* * * * *
    (3) Matters to be addressed.--The regulations issued under this
subsection shall address--
* * * * *
    (C) appropriate training and equipment for inspectors; and

* * * * *

126 Stat. at 837

    Although the MAP-21 mandates here are training related, it is
evident that the development of a uniform training scheme is essential
because it will establish the foundation upon which future training for
hazmat inspectors and investigators is expected to follow. As such, it
is premature to require the Department to promulgate enforcement
procedural regulations for hazmat training and equipment before the
Department has had the opportunity to develop uniform performance
training standards. This approach does not appear to be the best way to
meet Congress' objective to ensure that all hazmat inspectors and
investigations receive uniform and standardized training. It would be
more appropriate for the Department to establish the uniform
performance training standards, best practices, and protocols before it
develops additional training regulations for its hazmat personnel. This
would ensure that new training rules are consistent with the uniform
training scheme.
    Notwithstanding, we understand that proper training of inspectors
and investigators is essential to ensure that the enhanced enforcement
authority is used effectively and judiciously. In the NPRM for PHM-7,
we explained that the operating administrations responsible for
enforcement of the HMR--PHMSA, FMCSA, FAA, and FRA--worked together to
develop the rule and a joint operations manual. 73 FR 57285. We further
explained that the proposed regulations set out a framework for the
procedures the operating administrations will employ when conducting
inspections or investigations, thus ensuring consistency in approaches
and enforcement measures among modes of transportation. Moreover, we
stated that the final rule, implemented with the guidance of an
operational manual, would ensure that this authority was properly used.
Id. We expressed our confidence in this approach because with the
cooperation of the operating administrations in the development of the
rule, and the accompanying operations manual, it meant that all
Department inspectors and investigators would have the same general
training and modal specific instruction. 73 FR 57288.
    Regarding equipment, we are proposing to add a new provision to
address appropriate equipment for inspectors when they exercise a Part
109 authority. Under this proposal, a new equipment section will be
added to new Subpart D--Equipment, requiring an agent to use the
appropriate safety, handling, and other equipment authorized by his or
her operating administration's equipment requirements for hazardous
material inspectors and investigators.
    Consequently, we do not believe that we should develop rules for
appropriate training in this rulemaking. Instead, we advocate
addressing any performance standards as part of the larger hazardous
materials performance standard development activity currently underway.
In the meantime, we believe the existing rules in 49 CFR Part 109 and
the attendant operational procedures in the joint operations manual, as
well as each operating administration's specific guidance for its
enforcement staff, sufficiently address the training concern identified
by Congress in the MAP-21 directive. Therefore, PHMSA does not believe
that further action is necessary at this time.

The Proper Closure of Packaging in Accordance With HMR

    In MAP-21 Congress mandated that the Department take all actions
necessary to finalize a regulation addressing ``the proper closure of
packaging in accordance with the hazardous material regulations.'' 126
Stat. at 837.
    In PHM-7 we addressed reclosing of packages opened under the
enhanced inspection, investigation, and enforcement authority. In
several of the comments that we received about that rulemaking, the
regulated community raised concerns about how we were going to reclose
packages after they have been opened under the new authority. In the
NPRM, we responded by stating that the Department was developing
internal operational procedures and guidance to address the proper
closure of packaging in accordance with the HMR. We also solicited
further comment from the public on the factors that should be
considered in the development of these procedures and guidance. 73 FR
57286. However, we also stated that an agent's obligation to reclose a
package only arose if, after opening the package, an imminent hazard
was found not to exist and the package otherwise complied with the HMR.
76 FR 11587. More importantly, we also said that the Department's
operating administrations would not be responsible for bringing an
otherwise non-specification or non-compliant package into compliance
and resuming its movement in commerce. Id. If the package did not
comply with the HMR the fact that a DOT official opened it in the
course of an inspection or investigation would not make DOT or its
inspector responsible for bringing the package into compliance. Id. In
the final rule, we significantly revised the new rule for closing
packages to cover each possible re-closure scenario: no imminent hazard
found; imminent hazard found; package does not contain a hazardous
material; and package contains a hazardous material not in compliance
with the HMR. Id. Further, we stated that the inspector would only be
required to reclose a package in accordance with the packaging
manufacturer's closure instructions or other appropriate method when a
package was opened and no imminent hazard was found. Id. In the joint
operations manual we developed procedures for properly closing a
package. These procedures include steps for reclosing a package. It
also includes additional requirements and procedures to complete the
re-closure process, including methods to thoroughly document the
activities performed.
    In light of the above, we believe the existing requirements in 49
CFR Part 109 for closing opened packages (Section 109.13) and the
attendant operational procedures in the joint operations manual
sufficiently address the matter identified by Congress in the MAP-21
directive. Therefore, no further action is necessary.

IV. Summary Review of Proposed Amendments

    We are proposing to amend the opening of packages provision of the
Department's hazardous materials procedural regulations for the opening
of packages, emergency orders, and emergency recalls. The amendment
recognizes the special characteristics and handling requirements of
perishable hazardous material by clarifying that an agent will stop or
open a package containing a perishable hazardous material only after
the agent has utilized appropriate alternatives. We are also proposing
to add a notification provision to 49 CFR under Part 109 Subpart B--
Inspections and Investigations. The provision will provide for the
immediate and reasonable notification of enforcement action taken by an
inspector or

investigator whenever he or she exercises one of the inspection and
investigation authorities under 49 CFR Part 109, Subpart B, which
includes the opening of packages; removing a package and related
packages in a shipment from transportation; directing a package to be
transported to a facility for examination and analysis; and authorizing
properly qualified personnel to assist in activities conducted under
Subpart B. The notice will include the reason for the action being
taken, the results of any preliminary investigation including apparent
violations of the HMR, and any further action that may be warranted.
Finally, we are proposing to add a new provision to address appropriate
equipment for inspectors when they exercise a Part 109 authority. The
new equipment section will be added to 49 CFR under new Subpart D--
Equipment. The provision will require an agent to use the appropriate
safety, handling, and other equipment authorized by his or her
operating administration's equipment requirements for hazardous
material inspectors and investigators.

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This notice of proposed rulemaking (NPRM) is published under the
authority of the Federal Hazardous Materials Transportation Law, 49
U.S.C. Sec.  5101 et seq. Section 5103(b) authorizes the Secretary to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This NPRM would revise PHMSA's procedural regulations for opening of
packages, emergency orders, and emergency recalls to address certain
matters identified in the Hazardous Materials Transportation Safety Act
of 2012 related to Department's enhanced inspection, investigation, and
enforcement authority. The NPRM carries out the statutory mandate and
clarifies DOT's role and responsibilities in ensuring that hazardous
materials are being safely transported and promoting the regulated
community's understanding and compliance with regulatory requirements
applicable to specific situations and operations.

B. Executive Order 13610, Executive Order 13563, Executive Order 12866,
and DOT Regulatory Policies and Procedures

    This NPRM is not considered a significant regulatory action under
section 3(f) Executive Order 12866 and, therefore, was not reviewed by
the Office of Management and Budget (OMB). The proposed rule is not
considered a significant rule under the Regulatory Policies and
Procedures order issued by the U.S. Department of Transportation (44 FR
11034).
    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. Executive Order 13563, issued January 18,
2011, notes that our nation's current regulatory system must not only
protect public health, welfare, safety, and our environment but also
promote economic growth, innovation, competitiveness, and job
creation.\2\ Further, this executive order urges government agencies to
consider regulatory approaches that reduce burdens and maintain
flexibility and freedom of choice for the public. In addition, federal
agencies are asked to periodically review existing significant
regulations, retrospectively analyze rules that may be outmoded,
ineffective, insufficient, or excessively burdensome, and modify,
streamline, expand, or repeal regulatory requirements in accordance
with what has been learned.
---------------------------------------------------------------------------

    \2\ See http://www.whitehouse.gov/the-press-office/2011/01/18/improving-regulation-and-regulatory-review-executive-order
---------------------------------------------------------------------------

    Executive Order 13610, issued May 10, 2012, urges agencies to
conduct retrospective analyses of existing rules to examine whether
they remain justified and whether they should be modified or
streamlined in light of changed circumstances, including the rise of
new technologies.\3\
---------------------------------------------------------------------------

    \3\ See http://www.gpo.gov/fdsys/pkg/FR-2012-05-14/pdf/2012-11798.pdf
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    By building off of each other, these three Executive Orders require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination that the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.''
    This proposed rule revises 49 CFR part 109, which contains
regulations on DOT inspection and investigation procedures. These
regulations are not part of the HMR, which govern the transportation of
hazmat, thus they do not carry any additional compliance requirements
or costs for entities that must comply with the HMR. It is possible,
however, that some carriers or shippers, who in the absence of this
rule would have refused to open a package when requested, may
experience delays that they would not have otherwise faced. DOT is not
aware of any cases of shippers or carriers refusing to open packages
and so anticipates that these costs will be minimal.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). 49 U.S.C. 5125(h) provides that the preemption
provisions in Federal hazardous material transportation law do ``not
apply to any procedure . . . utilized by a State, political subdivision
of a State, or Indian tribe to enforce a requirement applicable to the
transportation of hazardous material.'' Accordingly, this proposed rule
has no preemptive effect on State, local, or Indian tribe enforcement
procedures and penalties, and preparation of a federalism assessment is
not warranted.

D. Executive Order 13175

    This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this NPRM does
not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have
significant impact on a substantial number of small entities. I hereby
certify that the proposed rule will not have a significant economic
impact on a substantial number of small entities. This proposed rule
applies to offerors and carriers of hazardous materials, some of which
are small entities; however, there will not be any economic impact on
any person who complies with Federal hazardous materials law and the
regulations and orders issued under that law.
    Potentially affected small entities. The provisions in this
proposed rule will apply to persons who perform, or cause to be
performed, functions related to the transportation of hazardous
materials in transportation in commerce. This includes offerors of
hazardous materials and persons in physical control of a hazardous
material during transportation in commerce. Such

persons may primarily include motor carriers, air carriers, vessel
operators, rail carriers, temporary storage facilities, and intermodal
transfer facilities. Unless alternative definitions have been
established by the agency in consultation with the Small Business
Administration, the definition of ``small business'' has the same
meaning as under the Small Business Act (15 CFR parts 631-657c).
Therefore, since no such special definition has been established, PHMSA
employs the thresholds (published in 13 CFR 121.201) of 1,500 employees
for air carriers (NAICS Subgroup 481), 500 employees for rail carriers
(NAICS Subgroup 482), 500 employees for vessel operators (NAICS
Subgroup 483), $18.5 million in revenues for motor carriers (NAICS
Subgroup 484), and $18.5 million in revenues for warehousing and
storage companies (NAICS Subgroup 493). Of the approximately 116,000
entities to which this proposed rule would apply (104,000 of which are
motor carriers), we estimate that about 90 percent are small entities.
    Potential cost impacts. This proposed rule revises 49 CFR Part 109,
which contains regulations on DOT inspection and investigation
procedures. These regulations are not part of the HMR, which govern the
transportation of hazmat, thus they do not carry any additional
compliance requirements or costs for entities that must comply with the
HMR. It is possible, however, that some carriers or shippers, who in
the absence of this rule would have refused to open a package when
requested, may experience delays that they would not have otherwise
faced. DOT is not aware of any cases of shippers or carriers refusing
to open packages and so anticipates that these costs will be minimal.
    Alternate proposals for small business. Because this proposed rule
addresses a Congressional mandate, we have limited latitude in defining
alternative courses of action. The option of taking no action would be
both inconsistent with Congress' direction and undesirable from the
standpoint of safety and enforcement. Failure to implement the new
authority will perpetuate the problem of undeclared hazardous material
shipments and resulting incidents or releases. It will also leave PHMSA
and other operating administrations without an effective plan to abate
an imminent safety hazard.

 F. Paperwork Reduction Act

    PHMSA has analyzed this final rule in accordance with the Paperwork
Reduction Act of 1995 (PRA). The PRA requires Federal agencies to
minimize the paperwork burden imposed on the American public by
ensuring maximum utility and quality of federal information, ensuring
the use of information technology to improve government performance,
and improving the federal government's accountability for managing
information collection activities. This final rule contains no new
information collection requirements subject to the PRA.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act of 1995

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

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
    The purpose of this rulemaking is to amend the Department's
existing enforcement procedures to (1) to clarify the Department's
position with respect to perishable hazardous material, by amending the
opening of packages provision; (2) provide notice of enforcement
measures to affected parties; and (3) address appropriate equipment for
inspectors. Because this NPRM addresses Congressional mandates, we have
limited latitude in defining alternative courses of action. The option
of taking no action would be both inconsistent with Congress' direction
and undesirable from the standpoint of safety and enforcement. These
inspection and enforcement procedures will not change the current
inspection procedures for DOT, but will augment DOT's existing
enforcement procedures and allow the Department to respond immediately
and effectively to conditions or practices that pose serious threat to
life, property, or the environment. PHMSA has initially determined that
the implementation of the proposed rule will not have any significant
impact on the quality of the human environment. PHMSA, however, invites
comments about environmental impacts that the proposed rule might pose.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be
viewed at: http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

List of Subjects in 49 CFR Part 109

    Inspections and investigations. Equipment.

    In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:

PART 109--DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS
PROCEDURAL REGULATIONS FOR OPENING OF PACKAGES, EMERGENCY ORDERS,
AND EMERGENCY RECALLS

0
1. The authority citation for part 109 is revised to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Sec.  4
(28 U.S.C. 2461 note); Pub. L. 104-121 Sec. Sec.  212-213; Pub. L.
104-134 Sec.  31001; 49 CFR 1.81, 1.97.

0
2. In Sec.  109.5, a new paragraph (b) is added to read as follows:

Sec.  109.5  Opening of packages.

* * * * *
    (b) Perishable hazardous material. To ensure the expeditious
transportation of a package containing a perishable hazardous material,
an agent will utilize appropriate alternatives before exercising an
authority under paragraph (a).
0
3. Section 109.16 is added to read as follows:

Sec.  109.16  Notification of Enforcement Measures.

    In addition to the notification requirements in Sec.  109.7, an
agent, after exercising an authority under this

Subpart, will immediately take reasonable measures to notify the
offeror and the person in possession of the package, providing the
reason for the action being taken, the results of any preliminary
investigation including apparent violations of subchapter C of this
chapter, and any further action that may be warranted.
0
4. Subpart D is added to read as follows:

Subpart D--Equipment

Sec.  109.25  Equipment.

    When an agent exercises an authority under Subpart B, the agent
shall use the appropriate safety, handling, and other equipment
authorized by his or her operating administration's equipment
requirements for hazardous material inspectors and investigators.

    Issued in Washington, DC, on May 13, 2013, under authority
delegated in 49 CFR Part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-12123 Filed 5-21-13; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Rules and Regulations]
[Pages 31384-31386]
[FR Doc No: 2022-11084]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1071; Project Identifier AD-2021-01055-E;
Amendment 39-22044; AD 2022-10-06]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Corporation Turboshaft
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-18-
14, which applied to certain Rolls-Royce Corporation (RRC) 250 model
turboshaft engines. AD 2017-18-14 required repetitive visual
inspections and fluorescent penetrant inspections (FPIs) of the 3rd-
stage turbine wheel and removal from service of the 4th-stage turbine
wheel. This AD was prompted by in-service turbine blade failures that
resulted in the loss of power and engine in-flight shutdowns. This AD
requires replacement of the 3rd-stage and 4th-stage turbine wheels.
This AD also revises the applicability to include an additional
turboshaft engine model. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective June 28, 2022.

ADDRESSES: For service information identified in this final rule,
contact Rolls-Royce Corporation, 450 South Meridian Street, Mail Code
NB-01-06, Indianapolis, IN 46225; phone:<PHONE_NUMBER>; email:
Royce.com">[email protected]Royce.com; website: www.rolls-royce.com. You may
view this service information at the Airworthiness Products Section,
Operational Safety Branch, FAA, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1071; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: John Tallarovic, Aviation Safety
Engineer, Chicago ACO, FAA, 2300 E Devon Avenue, Des Plaines, IL 60018;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-18-14, Amendment 39-19023 (82 FR
42443, September 8, 2017), (AD 2017-18-14). AD 2017-18-14 applied to
certain RRC 250-C20, -C20B, -C20F, -C20J, -C20R, -C20R/1, -C20R/2, -
C20R/4, -C20W, -C300/A1, and -C300/B1 turboshaft engines with either a
3rd-stage turbine wheel, part number (P/N) 23065818, or a 4th-stage
turbine wheel, P/N 23055944 or RR30000240, installed. The NPRM
published in the Federal Register on January 14, 2022 (87 FR 2365). The
NPRM was prompted by in-service turbine blade failures that resulted in
the loss of power and engine in-flight shutdowns. Since the FAA issued
AD 2017-18-14, the manufacturer redesigned the 3rd-stage turbine wheel.
The manufacturer published Rolls-Royce Alert Commercial Engine Bulletin
(CEB) CEB A-1428/CEB A-72-4111 (single document), which describes
procedures for replacement of the 3rd-stage turbine wheel, P/N
23065818, with the new increased blade fillet 3rd-stage turbine wheel,
P/N M250-10473. Additionally, the FAA determined that the RRC 250-C20C
(T63-A-720) model turboshaft engine is also susceptible to the unsafe
condition. In the NPRM, the FAA proposed to require replacement of the
3rd-stage and 4th-stage turbine

wheels. The FAA is issuing this AD to address the unsafe condition on
these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters. The commenters were
an anonymous commenter and RRC. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Comments on Part Availability and Costs

    The anonymous commenter stated that RRC does not have the inventory
to supply engine shops with the 3rd-stage and 4th-stage turbine wheels
proposed for replacement in the NPRM. The commenter requested that RRC
provide credit to its customers for unused time on 3rd-stage and 4th-
stage turbine wheels and reasoned that customers paid for the full life
of the 3rd-stage and 4th-stage turbine wheels, not a partial life,
which now requires replacement at full price. The commenter also stated
that the part cost estimates in the NPRM for the 3rd-stage and 4th-
stage turbine wheels are inaccurate and should indicate an estimated
cost of $22,929.15 and $18,926.59 to reflect Aviall and Boeing's
prices, respectively. The commenter noted that they have found
performing FPIs on the 3rd-stage and 4th-stage turbine wheels result in
serviceable conditions compared to the previous configurations that
were beyond serviceable. The commenter expressed that the proposed
requirements in the NPRM would be a financial burden on RRC's
customers, considering the current market instability.
    The FAA disagrees that the manufacturer will not have sufficient
inventory, which would prevent compliance with this AD. Prior to
publishing the NPRM, the FAA confirmed with RRC that there would be
adequate inventory for operators to replace the 3rd-stage and 4th-stage
turbine wheels. In response to this comment, the FAA confirmed with RRC
that the 3rd-stage and 4th-stage turbine wheels are available at a 50%
discounted price. Additionally, RRC indicated that suppliers will also
provide the discounted price. The FPI of 3rd-stage turbine wheels was
an interim action until redesigned parts became available. While FPI
reduces the risk of a blade failure, the unsafe condition is addressed
by replacing the 3rd-stage turbine wheel with the revised design. The
FAA did not change this AD as a result of the comments.

Request To Update Service Information

    RRC requested that the FAA revise the Related Service Information
paragraph of this AD to reference Rolls-Royce Alert CEB CEB A-1428/CEB
A-72-4111 (single document), Revision 2, dated December 8, 2021. RRC
reasoned that since the three Rolls-Royce bulletins were submitted to
the FAA in support of the NPRM, Rolls-Royce has published Revision 2 of
Rolls-Royce Alert CEB CEB A-1428/CEB A-72-4111 (single document).
    The FAA agrees. The FAA has updated the Related Service Information
paragraph of this AD to reference Rolls-Royce Alert CEB CEB A-1428/CEB
A-72-4111 (single document), Revision 2, dated December 8, 2021.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting the AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.

Related Service Information

    The FAA reviewed Rolls-Royce Alert CEB CEB A-1428/CEB A-72-4111
(single document), Revision 2, dated December 8, 2021. This Alert CEB
describes procedures for replacing the 3rd-stage turbine wheel, P/N
23065818, with the new increased blade fillet 3rd-stage turbine wheel,
P/N M250-10473.
    The FAA reviewed Rolls-Royce Alert CEB CEB-A-1422/CEB-A-72-4108
(single document), Original Issue, dated September 13, 2017. This Alert
CEB describes procedures for replacing 4th-stage turbine wheel, P/N
23055944, with the new increased blade fillet 4th-stage turbine wheel,
P/N M250-10445.
    The FAA also reviewed Rolls-Royce Alert Service Bulletin (SB)
RR300-A-72-024, Original Issue, dated September 13, 2017. This Alert SB
describes procedures for replacing the 4th-stage turbine wheel, P/N
RR30000240, with the new increased blade fillet 4th-stage turbine
wheel, P/N RR30000494.

Costs of Compliance

    The FAA estimates that this AD affects 3,769 engines installed on
helicopters of U.S. registry. The FAA estimates that 3,041 3rd-stage
turbine wheels and 3,769 4th-stage turbine wheels will require
replacement.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Replace 3rd-stage turbine wheel, P/ 3 work-hours x $85            $11,170         $11,425  $34,743,425 (3,041
 N 23065818.                         per hour = $255.                                       engines).
Replace 4th-stage turbine wheel, P/ 3 work-hours x $85              8,928           9,183  $34,610,727 (3,769
 N 23055944 or RR30000240.           per hour = $255.                                       engines).
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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.
    The FAA is 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

    The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2017-18-14, Amendment 39-19023 (82
FR 42443, September 8, 2017); and
0
b. Adding the following new airworthiness directive:

2022-10-06 Rolls-Royce Corporation: Amendment 39-22044; Docket No.
FAA-2021-1071; Project Identifier AD-2021-01055-E.

(a) Effective Date

    This airworthiness directive (AD) is effective June 28, 2022.

(b) Affected ADs

    This AD replaces AD 2017-18-14, Amendment 39-19023 (82 FR 42443,
September 8, 2017).

(c) Applicability

    This AD applies to Rolls-Royce Corporation (RRC) 250-C20, 250-
C20B, 250-C20C (T63-A-720), 250-C20F, 250-C20J, 250-C20R, 250-C20R/
1, 250-C20R/2, 250-C20R/4, 250-C20W, 250-C300/A1, and 250-C300/B1
model turboshaft engines with either a 3rd-stage turbine wheel, part
number (P/N) 23065818, or a 4th-stage turbine wheel, P/N 23055944 or
RR30000240, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by in-service turbine blade failures that
resulted in the loss of power and engine in-flight shutdowns. The
FAA is issuing this AD to prevent failure of the 3rd-stage and 4th-
stage turbine blades. The unsafe condition, if not addressed, could
result in damage to the engine and damage to the aircraft.

(f) Compliance

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

(g) Required Actions

    (1) Within 1,775 hours since last visual inspection and
fluorescent penetrant inspection (FPI), or at the next engine shop
visit, whichever occurs first after the effective date of this AD,
remove:
    (i) 3rd-stage turbine wheel, P/N 23065818, and replace with a
part eligible for installation.
    (ii) 4th-stage turbine wheel, P/N 23055944, and replace with a
part eligible for installation.
    (2) Within 2,025 hours since last visual inspection and FPI, or
at the next engine shop visit, whichever occurs first after the
effective date of this AD, remove 4th-stage turbine wheel, P/N
RR30000240, and replace with a part eligible for installation.

(h) Definitions

    (1) For this purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance in which the
turbine module is separated from the exhaust collector, the gas-
producer-support is separated from the power-turbine-support, or
there is separation of pairs of major mating engine flanges, except
that the separation of engine flanges solely for the purposes of
transportation without subsequent engine maintenance does not
constitute an engine shop visit.
    (2) For the purpose of this AD, a ``part eligible for
installation'' is a 3rd-stage turbine wheel or 4th-stage turbine
wheel that does not have a P/N listed in the Applicability,
paragraph (c), of this AD.

(i) Special Flight Permit

    A special flight permit may be issued in accordance with 14 CFR
21.197 and 21.199 to permit a one-time non-revenue ferry flight to
operate the airplane to a maintenance facility where the engine can
be removed from service. This ferry flight must be performed with
only essential flight crew.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact John Tallarovic,
Aviation Safety Engineer, Chicago ACO, FAA, 2300 E Devon Avenue, Des
Plaines, IL 60018; phone:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    None.

    Issued on May 3, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-11084 Filed 5-23-22; 8:45 am]
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[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]
[Page 36441]
[DOCID:fr03jy07-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ07-4-000]

South Carolina Public Service Authority; Notice for Petition of
Declaratory Order

June 26, 2007.
    Take notice that on June 20, 2007, pursuant to section 35.28(e) of
the Regulations of the Federal Energy Regulatory Commission
(Commission), 18 CFR 35.28(e) and (f) (2006), and Rule 207(a)(2) of the
Rules of Practice and Procedure of the Commission, 18 CFR 385.207(a)
(2006), South Carolina Public Service Authority (Santee Cooper) filed a
petition for declaratory order determining that its open access
transmission tariff (OATT) continues to qualify as a ``safe harbor''
tariff within the meaning of Order Nos. 888 and 890.
    Santee Cooper, also requests a waiver of the filing fee applicable
to petitions for declaratory orders, pursuant to section 381.108 of the
Rules and Regulations, 18 CFR 381.108 (2006) and Order No. 888-A at
30,288-89.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 20, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-12806 Filed 7-2-07; 8:45 am]

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