[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11198-11199]
[FR Doc No: 2018-05108]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-90-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Application

    Take notice that on February 22, 2018, Transcontinental Gas Pipe
Line Company, LLC (Transco), P.O. Box 1396, Houston, Texas 77251, filed
an application in Docket No. CP18-90-000 an application pursuant to
section 7(b) of the Natural Gas Act (NGA) requesting authorization to
amend its certificate authority granted in Docket No. CP15-536-000 to
abandon by sale to Tana Exploration Company LLC (Tana) approximately
26.55 miles of 20-inch-diameter gathering pipeline extending from
Matagorda Island Block 669 to Brazos Block 133 Platform A, offshore
Texas. Transco now seeks to abandon these facilities in place, rather
than by sale to Tana, all as more fully set forth in the application
which is on file with the Commission and open to public inspection. The
filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's website web at
http://www.ferc.gov using the eLibrary link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Marg
Camardello, Regulatory Analyst, Lead, Rates & Regulatory,
Transcontinental Gas Pipe Line Company, LLC, P.O. Box 1396, Houston,
Texas 77251, or by telephone at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or

issue a Notice of Schedule for Environmental Review. If a Notice of
Schedule for Environmental Review is issued, it will indicate, among
other milestones, the anticipated date for the Commission staff's
issuance of the EA for this proposal. The filing of the EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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 7 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: March 28, 2018.

    Dated: March 7, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05108 Filed 3-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Notices]
[Page 8655]
[DOCID:fr14fe08-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. EL08-19-000]

Public Service Electric and Gas Company; Notice of Filing

 February 7, 2008.
    Take notice that on February 4, 2008, Public Service Electric and
Gas Company submitted an amendment to its December 7, 2007 Petition for
Declaratory Order.
    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 February 25, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-2718 Filed 2-13-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49917-49918]
[FR Doc No: 2018-21494]

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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 Number: PR18-83-000.
    Applicants: Hope Gas, Inc.
    Description: Tariff filing per 284.123(b),(e)+(g): HGI--2017 Tax
Cuts and Jobs Act to be effective 9/1/2018.
    Filed Date: 9/24/18.
    Accession Number:<PHONE_NUMBER>80.
    Comments Due: 5 p.m. ET 10/15/18.
    284.123(g) Protests Due: 5 p.m. ET 11/23/18.

    Docket Numbers: RP18-1219-000.
    Applicants: Northern Natural Gas Company.
    Description: Petition for a Limited Waiver of Northern Natural Gas
Company.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5083.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1220-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Update Non-Conforming
Agreement AF0059 to be effective 11/1/2018.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5101.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1221-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing Annual Cash-Out Report Period Ending
July 31, 2018.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5122.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1222-000.
    Applicants: Southwest Gas Storage Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing to be
effective 10/1/2018.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5132.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1223-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Pipeline Safety and Greenhouse
Gas Cost Adjustment Mechanism--2018 to be effective 11/1/2018.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5142.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1224-000.
    Applicants: LA Storage, LLC.
    Description: Annual Penalty Disbursement Report of LA Storage, LLC.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5193.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1225-000.
    Applicants: Mississippi Hub, LLC.
    Description: Annual Penalty Disbursement Report of Mississippi Hub,
LLC.
    Filed Date: 9/26/18.
    Accession Number: 20180926-5194.
    Comments Due: 5 p.m. ET 10/9/18.

    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 date(s). 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 27, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-21494 Filed 10-2-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Proposed Rules]
[Pages 26855-26857]
[FR Doc No: 2021-10377]

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

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

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

Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0371; Project Identifier MCAI-2021-00102-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, -200 Freighter, -300, -800, and -900
series airplanes; and Model A340-200 and -300 series airplanes. This
proposed AD was prompted by reports of incorrect installation of the
lower attachment parts of the trimmable horizontal stabilizer actuator
(THSA). This proposed AD would require doing a detailed inspection of
the THSA lower attachment parts for discrepancies and corrective action
if necessary, and would prohibit using earlier versions of certain
airplane maintenance manual (AMM) tasks, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 2,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to chttps://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0371.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0371; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0371; Project Identifier
MCAI-2021-00102-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax:<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0033, dated January 25, 2021
(EASA AD 2021-0033) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A330-200, -200 Freighter, -300, -800, and -900
series airplanes; and Model A340-200 and -300 series airplanes. Model
A330-743L airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this AD therefore
does not

include those airplanes in the applicability.
    This proposed AD was prompted by reports of incorrect installation
of the lower attachment parts of the THSA. The FAA is proposing this AD
to address incorrect installation of the THSA lower attachment parts,
which could lead to the loss of THSA primary load path and consequent
activation of THSA secondary load path (which is designed to withstand
full loads only for a limited period of time), and possibly result in
reduced controllability of the airplane. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0033 describes procedures for doing a detailed
inspection of the THSA lower attachment parts for discrepancies (i.e.,
incorrect installation) and corrective actions (which includes detailed
inspections of the horizontal stabilizer, the assembly of the trim
actuating arms, the support fittings, and the upper and lower
attachment plates for any cracks, dents and scratches, corrosion,
deterioration of the structure, and the condition of the fasteners and
bearings, and repair; and re-installing or replacing the THSA lower
attachment parts) if necessary. EASA AD 2021-0033 also prohibits using
earlier versions of certain AMM tasks. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0033 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0033
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0033 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2021-0033 that is required for compliance with EASA AD 2021-
0033 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0371 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 120 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170          $20,400
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
25 work-hours x $85 per hour = $2,125.        $821,060         $823,185
------------------------------------------------------------------------

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2021-0371; Project Identifier MCAI-2021-
00102-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by July 2, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of incorrect installation of the
lower attachment parts of the trimmable horizontal stabilizer
actuator (THSA). The FAA is issuing this AD to address incorrect
installation of the THSA lower attachment parts, which could lead to
the loss of THSA primary load path and consequent activation of THSA
secondary load path (which is designed to withstand full loads only
for a limited period of time), and possibly result in reduced
controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0033, dated January 25, 2021 (EASA AD 2021-0033).

(h) Exceptions to EASA AD 2021-0033

    (1) Where EASA AD 2021-0033 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0033 does not apply
to this AD.
    (3) Where any service information in EASA AD 2021-0033 specifies
to contact Airbus in case of findings, this AD requires doing a
repair using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information referenced
in EASA AD 2021-0033 that contains paragraphs that are labeled as
RC, the instructions in RC paragraphs, including subparagraphs under
an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, not
identified as RC may be deviated from using accepted methods in
accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2021-0033, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0371.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on May 12, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-10377 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Notices]
[Pages 27364-27365]
[FR Doc No: 2014-10978]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0111]

Hours of Service of Drivers: Application of Illumination
Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule
During Independence Day Celebrations

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from
Illumination Fireworks, LLC and ACE Pyro, LLC (applicants) for a
limited exemption from the requirement that drivers of commercial motor
vehicles (CMVs) must not drive following the 14th hour after coming on
duty. The exemption would apply solely to the operation of drivers of
50 CMVs employed by the applicants in conjunction with staging
fireworks shows celebrating Independence Day during the periods June
28-July 8, 2014, and June 28-July 8, 2015, inclusive. During these two
periods, the CMV drivers employed by the applicants would be allowed to
exclude off-duty and sleeper-berth time of any length from the
calculation of the 14 hours. These drivers would not be allowed to
drive after accumulating a total of 14 hours of on-duty time, following
10 consecutive hours off duty, and would continue to be subject to the
11-hour driving time limit, and the 60- and 70-hour on-duty limits. The
applicants maintain that the terms and conditions of the limited
exemption would ensure a level of safety equivalent to, or greater
than, the level of safety achieved without the exemption.

DATES: If granted, this exemption would be effective during the periods
of June 28, 2014, through July 8, 2014, inclusive, and June 28, 2015,
through July 8, 2015, inclusive. The exemption would expire on July 8,
2015 at 11:59 p.m. Comments must be received on or before June 2, 2014.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2014-0111 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please also see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, and follow the online
instructions for accessing the dockets, or go to the street address
listed above.
    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 a
Privacy Act notice regarding our public dockets in the January 17,
2008, issue of the Federal Register (73 FR 3316).
    Public participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Bus and Truck Standards and
Operations; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a
property-carrying CMV driver from driving a CMV after the 14th hour
after coming on duty following 10 consecutive hours off duty. FMCSA has
authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from
certain parts of the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Request for Exemption

    Illumination Fireworks, LLC (USDOT 2326703) and ACE Pyro, LLC
(USDOT 1352892) (Applicants) are fireworks display companies that
employ CMV drivers who hold commercial driver's licenses with hazardous
materials endorsements to transport Division 1.3G and 1.4G fireworks in
conjunction with the setup of firework shows for Independence Day. The
applicants seek an exemption from the 14-hour rule in 49 CFR
395.3(a)(2) so that drivers would be allowed to exclude off-duty and
sleeper-berth time of any length from the calculation of the 14 hours.
The applicants state that the basis for their request is the existing
FMCSA exemption granted to the American Pyrotechnics Association (APA)
under Docket No. FMCSA-2007-28043, which exempts comparable fireworks
companies from the 14-hour rule.
    The applicants further state they are seeking an HOS exemption for
the 2014 and 2015 Independence Day periods because compliance with the
14-hour

rule would impose economic hardship on cities, municipalities, and
themselves. Complying with the existing regulations means most shows
would require two drivers, significantly increasing the cost of the
fireworks display.
    The applicants assert that without the extra duty-period provided
by the exemption, safety would decline because firework drivers would
be unable to return to their home base after each show should they have
fireworks remaining after the display. They would be forced to park the
CMVs carrying Division 1.3G and 1.4G products in areas less secure than
the motor carriers' home base. As a condition for holding the
exemption, each motor carrier would be required to notify FMCSA within
5 business days of any accident (as defined in 49 CFR 390.5) involving
the operation of any CMVs under this exemption. The applicants advise
they have never been in an accident. As additional support for the
requested exemption, the applicants contend that the nature and duties
of APA CMV operators is exactly the same as the CMV operators it
employs and they feel strongly that there will not be any decline in
safety.
    In the exemption request, the applicants assert that the
operational demands of this unique industry minimize the risks of CMV
crashes. In the last few days before the Independence Day holiday,
these drivers transport fireworks over relatively short routes from
distribution points to the site of the fireworks display, and normally
do so in the early morning when traffic is light. The applicants noted
that during the 2013 Independence Day season, the furthest an
Illumination Fireworks or Ace Pyro CMV traveled from its home base was
150 miles, which involves a very small amount of driving compared to
the distance traveled by companies covered by the APA exemption. At the
site, they spend considerable time installing, wiring, and safety-
checking the fireworks displays, followed by several hours of duty in
the late afternoon and early evening prior to the event. During this
time, the drivers are able to rest and nap, thereby reducing or
eliminating the fatigue accumulated during the day. Before beginning
another duty day, these drivers must take 10 consecutive hours off
duty, the same as other CMV drivers.
    A copy of the applicants' application for exemption is available
for review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on the applicants' application for an exemption
from certain provisions of the driver's HOS rules in 49 CFR part 395.
The Agency will consider all comments received by close of business on
June 2, 2014. Comments will be available for examination in the docket
at the location listed under the ADDRESSES section of this notice. The
Agency will consider to the extent practicable comments received in the
public docket after the closing date of the comment period.

    Issued on: May 2, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-10978 Filed 5-12-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Rules and Regulations]
[Page 60843-60847]
[DOCID:fr17oc06-16]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-051A]
RIN 1218-AC16

Updating National Consensus Standards in OSHA's Standard for Fire
Protection in Shipyard Employment.

AGENCY: Occupational Safety and Health Administration, Department of
Labor.

ACTION: Direct final rule.

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SUMMARY: On September 15, 2004, the Occupational Safety and Health
Administration (OSHA) promulgated a new fire protection rule for
shipyard employment that incorporated by reference 19 National Fire
Protection Association (NFPA) standards. Ten of those NFPA standards
had been updated by NFPA since the fire protection rule was proposed
and an additional NFPA standard has been updated since the final rule
was published. In this direct final rule, OSHA is replacing the
references to those eleven NFPA standards by adding the most recent
versions.

DATES: This direct final rule will become effective on January 16, 2007
unless significant adverse comment is received by November 16, 2006. If
significant adverse comment is received, OSHA will publish a timely
withdrawal of this rule. The incorporation by reference of certain
publications listed in this rule is approved by the Director of the
Federal Register as of January 16, 2007.
    Comments to this direct final rule must be submitted by the
following dates: Hard copy: Your comments must be submitted (postmarked
or sent) by November 16, 2006. Electronic transmission and facsimile:
Your comments must be sent by November 16, 2006.

ADDRESSES: You may submit written comments to this direct final rule--
identified by docket number S-051A or RIN number 1218-AC16--by any of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the

instructions for submitting comments on OSHA's web page.
     Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
     Regular mail, express delivery, hand delivery, and courier
service: Submit three copies to the OSHA Docket Office, Docket No. S-
051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-
2625, Washington, DC 20210; telephone<PHONE_NUMBER>. (OSHA's TTY
number is<PHONE_NUMBER>). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.

FOR FURTHER INFORMATION: For general information and press inquiries,
contact Kevin Ropp, Director, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>. For technical
inquiries, contact Jim Maddux, Director, Office of Maritime,
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone:<PHONE_NUMBER> or fax<PHONE_NUMBER>. Copies of this
Federal Register notice are available from the OSHA Office of
Publications, Room N-3101, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone:<PHONE_NUMBER>.
Electronic copies of this Federal Register notice, as well as news
releases and other relevant documents, are available at OSHA's Web page
at http://www.osha.gov.

    For access to the docket to read background documents or comments
received, go to http://dockets.osha.gov. Contact the OSHA Docket Office

for information about materials not available through the OSHA Web page
and for assistance in using the Web page to locate docket submissions.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of Changes
IV. Legal Considerations
V. Final Economic Analysis and Regulatory Flexibility Act
Certification
VI. Paperwork Reduction Act

VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. List of Subjects for 29 CFR Part 1915
XI. Authority and Signature

I. Request for Comment

    OSHA requests comments on all issues related to this action. OSHA
also welcomes comments on the Agency's findings that there are not
negative economic or other regulatory impacts of this action on the
regulated community. If OSHA receives no significant adverse comment,
OSHA will publish a Federal Register document confirming the effective
date of this direct final rule and withdrawing the companion proposed
rule published in the Proposed Rules section of today's Federal
Register. Such confirmation may include minor stylistic or technical
changes to the document.
    Comments received will be posted without change to http://dockets.osha.gov
, including any personal information provided. OSHA

cautions you about submitting personal information such as social
security numbers and birth dates.

II. Direct Final Rulemaking

    In direct final rulemaking, an agency publishes a final rule in the
Federal Register with a statement that the rule will go into effect
unless a significant adverse comment is received within a specified
period of time. An identical proposed rule is often published at the
same time. If no significant adverse comments are submitted, the rule
goes into effect. If any significant adverse comments are received, the
agency withdraws the direct final rule and treats the comments as
responses to the proposed rule. Direct final rulemaking is used where
an agency anticipates that a rule will not be controversial. Examples
include minor substantive changes to regulations updating incorporated
references to the latest edition of national consensus standards, and
direct incorporations of mandates from new legislation.
    For purposes of this direct final rulemaking, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule's underlying premise or approach. In
determining whether a comment necessitates withdrawal of the direct
final rule, OSHA will consider whether the comment raises an issue
serious enough to warrant a substantive response in a notice-and-
comment process. A comment recommending additional changes will not be
considered a significant adverse comment unless the comment states why
the direct final rule would be ineffective without the addition. If a
timely significant adverse comment is received, the Agency will publish
a notice of significant adverse comment in the Federal Register
withdrawing this direct final rule no later than January 16, 2007.
    OSHA is also publishing today a companion proposed rule, which is
identical to this direct final rule. In the event the direct final rule
is withdrawn because of significant adverse comment, OSHA intends to
proceed with the rulemaking by addressing the comment(s) and publishing
a new final rule. If a significant adverse comment is received
regarding certain revisions included in this direct final rule, but not
others, OSHA may (1) Finalize those changes that did not receive
significant adverse comment, and (2) conduct further rulemaking under
the companion proposed rule for the changes that did receive
significant adverse comment. The comment period for the proposed rule
runs concurrently with that of the direct final rule. Any comments
received under the companion proposed rule will be treated as comments
regarding the direct final rule. Likewise, significant adverse comments
submitted to the direct final rule will be considered as comments to
the companion proposed rule; the Agency will consider such comments in
developing a subsequent final rule.
    OSHA has determined that the subject of this rulemaking is suitable
for direct final rulemaking. This direct final rule will enhance OSHA's
fire protection in shipyard standard by adding the most current NFPA
consensus standards to the OSHA standard. OSHA's changes will benefit
the safety of employees by requiring employers to comply with the newer
standards, which may be even more protective than the older standards.
Furthermore, OSHA's changes will not result in additional compliance
costs. OSHA does not anticipate any objections to this direct final
rule.

III. Discussion of Changes

    On September 15, 2004, OSHA issued a new fire protection final rule
for shipyard employment that incorporated by reference 19 National Fire
Protection Association (NFPA) standards (69 FR 55667). The purpose of
this direct final rule is to add ten recently updated NFPA standards to
the standard for fire protection in shipyard employment. The 10 NFPA
standards are new versions of 11 NFPA standards currently in OSHA's
standard. The reason there are only 10 is because the NFPA combined two
of its standards, NFPA 11-1998 and NFPA 11A-1999, into the NFPA 11-2002
standard covering foam fire extinguishing systems. This direct final
rule replaces the 11 older NFPA standards with the 10 newer NFPA
standards.
    Table I lists the older NFPA standards incorporated by reference in
the fire protection in shipyard employment standard, and lists the
sections in the standard in which these NFPA standards are referenced.
It also lists the latest versions of the NFPA standards to be added to
the standard for fire protection in shipyard employment through this
direct final rule.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                                 NFPA standards
              Section                     Paragraph         incorporated by reference    Latest version of NFPA
                                                               in 29 CFR part 1915              standard
----------------------------------------------------------------------------------------------------------------
1915.505 Fire Response............  (e)(3)(v)............  NFPA 1981-1997 Standard on  NFPA 1981-2002 Standard
                                                            Open-Circuit Self-          on Open-Circuit Self-
                                                            Contained Breathing         Contained Breathing
                                                            Apparatus for the Fire      Apparatus for Fire and
                                                            Service.                    Emergency Services (Ex.
                                                                                1-1).
1915.507 Land-side fire protection  (b)(1), (b)(2).......  NFPA 10-1998 Standard for   NFPA 10-2002 Standard for
 systems.                                                   Portable Fire               Portable Fire
                                                            Extinguishers.              Extinguishers (Ex. 1-2).
                                    (c)(6)...............  NFPA 72-1999 National Fire  NFPA 72-2002 National
                                                            Alarm Code.                 Fire Alarm Code (Ex. 1-
                                                                                3).
                                    (b)(2), (d)(1).......  NFPA 14-2000 Standard for   NFPA 14-2003 Standard for
                                                            the Installation of         the Installation of
                                                            Standpipe, Private          Standpipe and Hose
                                                            Hydrant, and Hose Systems.  Systems (Ex. 1-4).
                                    (d)(2)...............  NFPA 13-1999 Standard for   NFPA 13-2002 Standard for
                                                            the Installation of         the Installation of
                                                            Sprinkler Systems.          Sprinkler Systems (Ex.1-
                                                                                5).

                                                           NFPA 750-2000 Standard on   NFPA 750-2003 Standard on
                                                            Water Mist Fire             Water Mist Fire
                                                            Protection Systems.         Protection Systems (Ex.
                                                                                1-6).
                                    (d)(3)...............  NFPA 11-1998 Standard for   NFPA 11-2005 Standard for
                                                            Low-Expansion Foam.         Low-, Medium-, and High-
                                                                                Expansion Foam (Ex. 1-
                                                                                7).
                                                           NFPA 11A-1999 Standard for
                                                            Medium- and High-
                                                            Expansion Foam Systems.
                                    (d)(5)...............  NFPA 12A-1997 Standard on   NFPA 12A-2004 Standard on
                                                            Halon 1301 Fire             Halon 1301 Fire
                                                            Extinguishing Systems.      Extinguishing Systems
                                                                                (Ex. 1-8).
                                                           NFPA 2001-2000 Standard on  NFPA 2001-2004 Standard
                                                            Clean Agent Fire            on Clean Agent Fire
                                                            Extinguishing Systems.      Extinguishing Systems
                                                                                (Ex. 1-9).
                                                           NFPA 12-2000 Standard on    NFPA 12-2005 Standard on
                                                            Carbon Dioxide              Carbon Dioxide
                                                            Extinguishing Systems.      Extinguishing Systems.
----------------------------------------------------------------------------------------------------------------

    OSHA has examined the latest versions of the NFPA standards and
compared them with the versions currently referenced in the fire
protection in shipyard employment standard. OSHA finds that the latest
versions are as protective on the whole, and in certain ways more
protective, than the earlier versions of the same NFPA standards. The
latest versions are also more comprehensive than the earlier versions
and reflect recent developments in safety technology, equipment, and
testing. The changes to the NFPA standards include:
     Standard on Open-Circuit Self-Contained Breathing
Apparatus for Fire and Emergency Services--NFPA 1981-2002 has been
revised to add requirements for heads-up displays (HUD) that provide
the user of a self-contained breathing apparatus (SCBA) with
information regarding breathing air supply status, alert the user when
the breathing air supply is at 50 percent of full, and, where the HUD
is powered by battery power source, warn the user when the HUD only has
2 more hours of battery power. The updated standard also includes new
requirements for a Rapid Intervention Company/Crew (RIC) Universal Air
Connection (UAC) (or RIC UAC) on all new SCBA. The RIC UAC is a
standard connection device that allows a rescue breathing air supply to
be joined to the SCBA of a victim, fire fighter or other emergency
services responder to replenish the breathing air in the SCBA breathing
air cylinder when the victim cannot be rapidly moved to a safe
atmosphere. (Ex. 1-1).
     Standard for Low-, Medium-, and High-Expansion Foam--NFPA
11-2005 has been revised to combine the older NFPA 11 low-expansion
foam system requirements with the older NFPA 11A medium- and high-
expansion foam provisions. (Ex.1-7).
     Standard for Portable Fire Extinguishers--NFPA 10-2002 has
been revised to prohibit ``extended wand-type'' discharge devices on
Class K--fire extinguishers manufactured after 01/01/2002. (Class ``K''
extinguishers are used for ``combustible cooking media'' fire hazards
in commercial kitchens.) The new version of NFPA 10 allows the use of
electronic equipment to monitor the status of portable fire
extinguishers an alternative that may be more effective and efficient
than manual monitoring (Ex. 1-2).
     National Fire Alarm Code--NFPA 72-2002 has been updated to
revise fire alarm power supply requirements, to improve the
survivability of fire alarms from attack by fire, and to improve the
``supervising stations'' used in larger fire alarm systems. (Ex. 1-3).
     Standard for the Installation of Sprinkler Systems--NFPA
13-2002 has been updated to add the sprinkler installation requirements
found in other NFPA standards, to include criteria for solid shelf
storage areas, and to make the standard easier for users to reference.
(Ex. 1-5).
    The remaining NFPA standards have been updated to make minor
technical and editorial changes and to improve readability by
formatting them into a standard layout.

IV. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970, 29
U.S.C. 651 et seq., is ``to assure so far as possible every working man
and woman in the Nation safe and healthful working conditions and to
preserve our human resources.'' 29 U.S.C. 651(b). To achieve this goal,
Congress authorized the Secretary of Labor to promulgate and enforce
occupational safety and health standards. 29 U.S.C. 655(b), 654(b). A
safety or health standard is a standard ``which requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment and places of employment.'' 29
U.S.C. 652(8). A standard is reasonably necessary or appropriate within
the meaning of section 652(8) if, among other things, a significant
risk of material harm exists in the workplace and the proposed standard
would substantially reduce or eliminate that workplace risk.
    This direct final rule, which addresses the hazard of fire in
shipyard employment, may enhance the employee protections currently in
place through incorporated references to NFPA consensus standards. In
its final rule on fire protection in shipyard employment, OSHA
discussed injuries and fatalities that may result from fire hazards in
shipyards, and the potential for reducing those injuries and deaths
through adoption of the final standard (69 FR 55668, 55669, 55699).
Because this direct final rule simply updates the NFPA standards
incorporated by reference in OSHA's fire protection standard to their
most recent versions, it is unnecessary to determine significant risk,
or the extent to which the direct final rule would reduce that risk, as
would typically be required by Industrial Union Department, AFL-CIO v.
American Petroleum Institute, 448 U.S. 607 (1980).

V. Final Economic Analysis and Regulatory Flexibility Act Certification

    This action is not economically significant within the context of
Executive Order 12866, or a ``major rule'' under the Unfunded Mandates
Reform Act or Section 801 of the Small Business Regulatory Enforcement
Fairness Act. The rulemaking would impose no additional costs on any
private or public sector entity, and does not meet any of the criteria
for an economically significant or major rule specified by the
Executive Order or relevant statutes.
    This action simply includes updated references to NFPA standards.
The Agency compared the older versions of

the NFPA standards with the new versions via side-by-side analyses.
Based on our findings, the Agency concludes that incorporating the new
versions of the NFPA standards will not impose any additional costs on
any private or public sector entity.
    Furthermore, because the rule imposes no additional costs on
employers, OSHA certifies that it would not have a significant impact
on a substantial number of small entities. Accordingly, the Agency need
not prepare a final regulatory flexibility analysis under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

VI. Paperwork Reduction Act

    This action does not impose new information collection requirements
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30.

VII. Federalism

    OSHA has reviewed this direct final rule in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999), which requires that agencies, to the extent possible,
refrain from limiting State policy options, consult with States prior
to taking any actions that would restrict State policy options, and
take such actions only when there is clear constitutional authority and
the presence of a problem of national scope. Executive Order 13132
provides for preemption of State law only if there is a clear
congressional intent for the Agency to do so. Any such preemption is to
be limited to the extent possible.
    Section 18 of the OSH Act (29 U.S.C. 651 et seq.) expresses
Congress' intent to preempt State laws where OSHA has promulgated
occupational safety and health standards. Under the OSH Act, a State
can avoid preemption on issues covered by Federal standards only if it
submits, and obtains Federal approval of, a plan for the development of
such standards and their enforcement (State-Plan State). 29 U.S.C. 667.
Occupational safety and health standards developed by such State-Plan
States must, among other things, be at least as effective in providing
safe and healthful employment and places of employment as the Federal
standards. Subject to these requirements, State-Plan States are free to
develop and enforce under State law their own requirements for safety
and health standards.
    This direct final rule complies with Executive Order 13132. As
Congress has expressed a clear intent for OSHA standards to preempt
State job safety and health rules in areas addressed by OSHA standards
in States without OSHA-approved State Plans, this rule limits State
policy options in the same manner as all OSHA standards. In States with
OSHA-approved State Plans, this action does not significantly limit
State policy options.

VIII. State Plan States

    The 26 States or U.S. Territories with their own OSHA approved
occupational safety and health plans must revise their standards to
reflect this final standard or show OSHA why there is no need for
action, e.g., because an existing state standard covering this area is
already ``at least as effective as'' the new Federal standard. The
state standard must be at least as effective as this final standard,
must be applicable to both the private and public (State and local
government employees) sectors, and must be completed within six months
of the publication date of this final Federal rule.
    Currently only five States (California, Minnesota, Oregon, Vermont,
and Washington) with their own State plans cover private sector onshore
maritime activities in whole or in part. Federal OSHA enforces maritime
standards offshore in all States and provides onshore coverage of
maritime activities in Federal OSHA States, in the five States above,
to the extent not covered by them, and in all the other State Plan
States: Alaska, Arizona, Connecticut (plan covers only State and local
government employees), Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Nevada, New Jersey (plan covers only State and local
government employees), New Mexico, New York (plan covers only State and
local government employees), North Carolina, Puerto Rico, South
Carolina, Tennessee, Utah, Virginia, Virgin Islands (plan covers only
territorial government employees), and Wyoming.

IX. Unfunded Mandates Reform Act

    This direct final rule has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For
the purposes of the UMRA, the Agency certifies that this direct final
rule does not impose any Federal mandate that may result in increased
expenditures by State, local, or tribal governments, or increased
expenditures by the private sector, of more than $100 million in any
year.

X. List of Subjects for 29 CFR Part 1915

    Fire protection, Hazardous substances, Incorporation by reference,
Longshore and harbor workers, Occupational safety and health, Reporting
and recordkeeping requirements, Shipyards, and Vessels.

XI. Authority and Signature

    This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. It is issued pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order 5-2002, and 29 CFR Part 1911.

    Signed at Washington, DC, this 5th day of October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

Amendments To Standards

0
OSHA amends Part 1915 of Title 29 of the Code of Federal Regulations as
set forth below:
0
1. The authority citation for Part 1915 continues to read as follows:

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); secs. 4, 6, and 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), or 5-2002 (67 FR 65008) as applicable; 29 CFR Part 1911.

0
2. Amend Sec.  1915.5 to revise paragraphs (d)(4)(i), (vi) through (x),
and (xiii) through (xviii) and by removing paragaraph (d)(4)(xix) to
read as follows:

Sec.  1915.5  Incorporation by reference.

* * * * *
    (d) * * *
    (4) * * *
    (i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained
Breathing Apparatus for Fire and Emergency Services, IBR approved for
1915.505(e)(3)(v).
* * * * *
    (vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec. Sec.  1915.507(b)(1) and (b)(2).
    (vii) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec.  1915.507(b)(2) and (d)(1).
    (viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for
Sec.  1915.507(c)(6).
    (ix) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec.  1915.507(d)(2).
    (x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec.  1915.507(d)(2).
* * * * *
    (xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion

Foam, IBR approved for Sec.  1915.507(d)(3).
    (xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing
Systems, IBR approved for Sec.  1915.507(d)(4).
    (xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions,
IBR approved for Sec.  1915.508(d)(8).
0
3. Amend Sec.  1915.505 to revise paragraph (e)(3)(v) to read as
follows:

Sec.  1915.505  Fire response.

* * * * *
    (e) * * *
    (3) * * *
    (v) Provide only SCBA that meet the requirements of NFPA 1981-2002
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire
and Emergency Services (incorporated by reference, see Sec.  1915.5);
and
* * * * *
0
4. Amend Sec.  1915.507 to revise paragraphs (b)(1), (b)(2), (c)(6),
(d)(1), (d)(2), (d)(3), and (d)(5) to read as follows:

Sec.  1915.507  Land-side fire protection system.

* * * * *
    (b) * * *
    (1) The employer must select, install, inspect, maintain, and test
all portable fire extinguishers according to NFPA 10-2002 Standard for
Portable Fire Extinguishers (incorporated by reference, see Sec.
1915.5).
    (2) The employer is permitted to use Class II or Class III hose
systems, in accordance with NFPA 10-2002 (incorporated by reference,
see Sec.  1915.5), as portable fire extinguishers if the employer
selects, installs, inspects, maintains, and tests those systems
according to the specific recommendations in NFPA 14-2003 Standard for
the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec.  1915.5).
    (c) * * *
    (6) Select, install, inspect, maintain, and test all automatic fire
detection systems and emergency alarms according to NFPA 72-2002
National Fire Alarm Code (incorporated by reference, see Sec.  1915.5)
    (d) * * *
    (1) Standpipe and hose systems according to NFPA 14-2003 Standard
for the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec.  1915.5);
    (2) Automatic sprinkler systems according to NFPA 25-2002 Standard
for the Inspection, Testing, and Maintenance of Water-based Fire
Protection Systems, (incorporated by reference, see Sec.  1915.5), and
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems (incorporated by reference, see Sec.  1915.5), or (ii) NFPA
750-2003 Standard on Water Mist Fire Protection Systems (incorporated
by reference, see Sec.  1915.5);
    (3) Fixed extinguishing systems that use water or foam as the
extinguishing agent according to NFPA 15-2001 Standard for Water Spray
Fixed Systems for Fire Protection (incorporated by reference, see Sec.
1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam (incorporated by reference, see Sec.  1915.5);
* * * * *
    (5) Fixed extinguishing systems using gas as the extinguishing
agent according to NFPA 12-2005 Standard on Carbon Dioxide
Extinguishing Systems (incorporated by reference, see Sec.  1915.5);
NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems
(incorporated by reference, see Sec.  1915.5); and NFPA 2001-2004
Standard on Clean Agent Fire Extinguishing Systems (incorporated by
reference, see Sec.  1915.5).

[FR Doc. E6-17124 Filed 10-16-06; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46132-46134]
[FR Doc No: 2017-21256]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0585]
RIN 1625-AA00

Safety Zone; Upper Mississippi River, Crystal City, MO

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters on the Upper Mississippi River between mile marker
(MM) 147.5 and MM 148.5. This action is necessary to provide for the
safety of life, vessels and property on these navigable waters near
Crystal City, MO while construction work is completed on new power
lines extending across the river. Entry of vessels or persons into this
safety zone is prohibited unless authorized by the Captain of the Port
Sector Upper Mississippi River (COTP) or a designated representative.

DATES: This rule is effective from 7:30 a.m. on October, 17, 2017
through 6:30 p.m. on November 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0585 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard preceded this final rule with a Notice of Proposed
Rulemaking (NPRM). The NPRM was published in the Federal Register on
August 9, 2017, (82 FR 37182). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to work
on power lines extending over the Upper Mississippi River in Crystal
City, MO. The NPRM listed dates and times of enforcement of the safety
zone. During the comment period that ended September 8, 2017, we
received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to public interest in ensuring the safety of spectators and
vessels during the power line work because immediate action is
necessary to prevent possible loss of life and property.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with power line work over
the Upper Mississippi River will cause safety concerns. The purpose of
this rule is to ensure safety of life, vessels and the navigable waters
in the safety zones, before, during, and after the scheduled work.

IV. Discussion of the Comments, Changes, and the Rule

    As noted above, during the comment period for our NPRM that
published August 9, 2017, no comments were received. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
    This rule establishes a safety zone from 7:30 a.m. on October 17,
2017 through 6:30 p.m. on November 1, 2017. The safety zone will be
enforced from 7:30 a.m. through 6:30 p.m. each day. The safety zone
will cover all navigable waters between mile marker (MM) 147.5 and MM
148.5 on the Upper Mississippi River in Crystal City, MO. The duration
of the zone is intended to ensure the safety of vessels and
participants on the navigable waters before, during, and after the
power line construction work. Entry of vessels or persons into this
safety zone is prohibited without obtaining permission from the COTP or
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This final
rule establishes a safety zone will only be enforced for a period of
eleven hours on each of sixteen days on one mile of navigable waters.
Entry into the safety zone established through this rulemaking may be
requested from the COTP or a designated representative and will be
considered on a case-by-case. During the enforcement period, vessels
are prohibited from entering into or remaining within the safety zone
unless specifically authorized by the COTP or other designated
representative. Additionally, notice of the safety zone or any changes
in the planned schedule will be made via Broadcast and Local Notice to
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the 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 the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 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. If
you believe this rule has implications for

federalism or Indian tribes, please contact the person listed in the
FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    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 $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting for eleven hours on each of sixteen
days during daylight hours and restricts transit on a section of the
Upper Mississippi River extending one mile. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0585 to read as follows:

Sec.  165.T08-0585  Safety Zone; Upper Mississippi River, Crystal City,
MO.

    (a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River between mile marker (MM) 147.5
and MM 148.5, Crystal City, MO.
    (b) Definitions. As used in this section, a designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Sector Upper Mississippi River (COTP)
in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
Sec.  165.23, you may not enter the safety zone described in paragraph
(a) of this section unless authorized by the COTP or a designated
representative.
    (2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or Coast Guard Sector Upper
Mississippi River by telephone at<PHONE_NUMBER>. Those persons
authorized to be in the safety zone must comply with all lawful orders
or directions given to them by the COTP or a designated representative.
    (d) Effective period. This section will be effective from 7:30 a.m.
through 6:30 p.m. on October 17, 2017 through November 1, 2017.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the dates and times of enforcement.

    Dated: September 27, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-21256 Filed 10-3-17; 8:45 am]
 BILLING CODE 9110-04-P