[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Rules and Regulations]
[Pages 77397-77399]
[FR Doc No: 2014-30113]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[FRA-2008-0136, Notice No. 7]
RIN 2130-ZA12

Monetary Threshold for Reporting Rail Equipment Accidents/
Incidents for Calendar Year 2015

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

ACTION: Final rule.

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SUMMARY: This rule maintains the rail equipment accident/incident
monetary reporting threshold at $10,500 for railroad accidents/
incidents involving property damage that occur during calendar year
(CY) 2015 that FRA's accident/incident reporting regulations require to
be reported to the agency. FRA is maintaining the reporting threshold
at the CY 2014 level because, in part, wage data for the second-quarter
of 2014, (the data used to calculate the threshold) was abnormally high
due to retroactive payment of wage increases resulting from labor
contract agreements affecting several railroads. FRA believes that the
data does not accurately reflect the changes in labor costs for the
second-quarter of 2014 and leads to an overinflated threshold
calculation for CY 2015. In addition, FRA is maintaining the monetary
threshold for CY 2015 at the CY 2014 level while it reexamines the
method for calculating the monetary threshold it last updated in 2005.

DATES: This final rule is effective January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Kebo Chen, Staff Director, U.S.
Department of Transportation, Federal Railroad Administration, Office
of Safety Analysis, RRS-22, Mail Stop 25, West Building 3rd Floor, Room
W33-314, 1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-
493-6079); or Sara Mahmoud-Davis, Trial Attorney, U.S. Department of
Transportation, Federal Railroad Administration, Office of Chief
Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W33-435,
1200 New Jersey Ave. SE., Washington, DC 20590 (telephone 202-366-
1118).

SUPPLEMENTARY INFORMATION:

Background

    A ``rail equipment accident/incident'' is a collision, derailment,
fire, explosion, act of God, or other event involving the operation of
railroad on-track equipment (standing or moving) that results in
damages to railroad on-track equipment, signals, tracks, track
structures, or roadbed, including labor costs and the costs for
acquiring new equipment and material, greater than the reporting
threshold for the year in which the event occurs. 49 CFR 225.19(c).
Each rail equipment accident/incident must be reported to FRA using the
Rail Equipment Accident/Incident Report (Form FRA F 6180.54). 49 CFR
225.19(b), (c) and 225.21(a). Paragraphs (c) and (e) of 49 CFR 225.19
further provide that FRA will adjust the dollar figure that constitutes
the reporting threshold for rail equipment accidents/incidents, if
necessary, every year under the procedures outlined in appendix B to
part 225 (Appendix B) to reflect any cost increases or decreases.
    In this rule, FRA is keeping the monetary threshold for CY 2015, at
$10,500, the same as the monetary threshold for CY 2014. FRA is
maintaining the reporting threshold at the CY 2014 level, because, in
part, wage data for the second-quarter of 2014 (the data used to
calculate the threshold) was abnormally high due to large, lump sum
retroactive payments of wage increases resulting from labor contract
agreements affecting several railroads. FRA believes the data does not
accurately reflect the changes in labor costs for CY 2014.
    In addition to periodically reviewing and adjusting the annual
threshold under Appendix B, FRA periodically amends its method for
calculating the threshold. In 49 U.S.C. 20901(b) Congress requires that
we base the threshold on publicly available information obtained from
the Bureau of Labor Statistics (BLS), other objective government
source, or be subject to notice and comment. In 1996 FRA adopted a new
method for calculating the monetary reporting threshold for accidents/
incidents. See 61 FR 60632, Nov. 29, 1996. In 2005, FRA again amended
its method for calculating the reporting threshold because the BLS
ceased collecting and publishing the railroad wage data used by FRA in
the threshold calculation. Consequently, FRA substituted railroad
employee wage data the Surface Transportation Board collected for the
BLS data that was no longer collected (70 FR 75414, Dec. 20, 2005). In
2015, FRA intends to evaluate and amend, if appropriate, its method for
calculating the monetary threshold for accident/incident reporting and,
as a result, the formula utilized to calculate the threshold may
change. FRA intends to reexamine its method for calculating the
reporting threshold because, since 2005, new data sources and
methodologies for calculating the threshold have become available and
updating the formula to include these advances will ensure it
appropriately reflects changes in equipment and labor costs.

Maintaining Current Reporting Threshold

    Approximately one year has passed since FRA revised the rail
equipment accident/incident reporting threshold (78 FR 77601, Dec. 24,
2013). Consequently, FRA reviewed the threshold, as 49 CFR 225.19(c)
requires and found that costs for labor increased but costs for
equipment decreased relative to one year ago. However, for the reasons
explained above related to the wage data used to calculate the
threshold, FRA has determined it will continue to use the current
reporting threshold of $10,500, which applied to rail equipment
accidents/incidents that occurred in calendar year 2014, to rail
equipment accidents/incidents that occur in calendar year 2015.\1\
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    \1\ Although FRA is maintaining the reporting threshold at the
2014 level, for reference the specific inputs to the equation set
forth in Appendix B of Part 225 (i.e., Tnew = Tprior * [1 +
0.4(Wnew-Wprior)/Wprior + 0.6(Enew - Eprior)/100]) are:
    Tprior = $10,500; Wnew = $29.64700; Wprior = $26.93344; Enew =
196.56667; Eprior = 197.23333.
    Where: Tnew = New threshold; Tprior = Prior threshold (with
reference to the threshold, ``prior'' refers to the previous
threshold rounded to the nearest $100, as reported in the Federal
Register); Wnew = New average hourly wage rate, in dollars; Wprior =
Prior average hourly wage rate, in dollars; Enew = New equipment
average Producer Price Index (PPI) value; Eprior = Prior equipment
average PPI value. Using the above figures, the calculated new
threshold, (Tnew) is $10,881.15, which would be rounded to the
nearest $100 for a potential final new reporting threshold of
$10,900.
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Notice and Comment Procedures

    In this rule, FRA is maintaining the current monetary reporting
threshold for the reasons explained above, and, under the final rule
published December 20, 2005, 70 FR 75414. FRA has found this rule
imposes no additional burden on any person, but rather is intended to
provide a benefit by permitting the valid comparison of accident data
over time. Accordingly, finding that notice and comment procedures are
either impracticable, unnecessary, or contrary to the public interest,
FRA is proceeding directly to a final rule.
    As appropriate, FRA regularly recalculates the monetary reporting
threshold using the formula published in Appendix B near the end of
each calendar year. FRA attempts to use the most recent data available
to calculate the updated reporting threshold prior to the next calendar
year. FRA has found that issuing the rule no later than

December of each calendar year and making the rule effective on January
1, of the next year, allows FRA to use the most up-to-date data to
calculate the reporting threshold and to compile data that accurately
reflects rising wages and equipment costs. As such, FRA finds that it
has good cause to make this final rule effective January 1, 2015.

Regulatory Impact

Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    FRA evaluated this rule under existing policies and procedures, and
determined it to be non-significant under both Executive Orders 12866
and 13563 in addition to DOT policies and procedures (44 FR 11034, Feb.
26, 1979).

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) requires
a review of proposed and final rules to assess their impact on small
entities, unless the Secretary certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Pursuant to Section 312 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), FRA has issued a final policy
statement that formally establishes ``small entities'' are railroads
that meet the line-haulage revenue requirements of a Class III
railroad. 49 CFR part 209, app. C. For other entities, the same dollar
limit in revenues governs whether a railroad, contractor, or other
respondent is a small entity. Id.
    FRA considers about 730 of the approximately 775 railroads in the
United States small entities. FRA certifies this final rule will have
no significant economic impact on a substantial number of small
entities. To the extent that this rule has any impact on small
entities, the impact will be neutral or insignificant. The frequency of
rail equipment accidents/incidents, and, therefore, also the frequency
of required reporting, is generally proportional to the size of the
railroad. A railroad that employs thousands of employees and operates
trains millions of miles is exposed to greater risks than one whose
operation is substantially smaller. Small railroads may go for months
at a time without having a reportable occurrence of any type, and even
longer without having a rail equipment accident/incident. For example,
current FRA data indicate that 1,912 rail equipment accidents/incidents
were reported in 2009, with small railroads reporting 328 of them. Data
for 2010 show that 1,903 rail equipment accidents/incidents were
reported, with small railroads reporting 303 of them. In 2011, 2,022
rail equipment accidents/incidents were reported, and small railroads
reported 307 of them. In 2012, 1,760 rail equipment accidents/incidents
were reported, with small railroads reporting 292 of them. In 2013,
1,818 rail equipment accidents/incidents were reported, with small
railroads reporting 302 of them. On average over those five calendar
years, small railroads reported about 16% of the total number of rail
equipment accidents/incidents, ranging from 15% to 17% annually. FRA
notes that this data is accurate as of the date of issuance of this
final rule, and are subject to minor changes due to additional
reporting.
    This rulemaking maintains the monetary reporting threshold at the
CY 2014 level of $10,500. Increasing the reporting threshold would have
potentially slightly decreased the reporting burden for railroads in
2015. In any case, railroads still maintain records of accountable
accidents/incidents that are below the reporting threshold, thus
minimizing any potential additional burden to report these accidents to
FRA caused by keeping the threshold the same in CY 2015. Railroads
would potentially incur a small reporting burden, but not the burden to
gather this accident/incident information. Also, although wage rates
have increased atypically, equipment costs have decreased during CY
2014 compared to the same time period in CY 2013, according to the
average Producer Price Index Series WPU144 for group transportation
equipment and item railroad equipment the Bureau of Labor Statistics
published for April, May, and June 2014. Therefore, the overall effect
of this rule likely will be neutral or minimal in effect. Any change in
recordkeeping burden will not be significant and will affect the large
railroads more than the small entities, due to the higher proportion of
reportable rail equipment accidents/incidents experienced by large
entities.

Paperwork Reduction Act

    There are no new information collection requirements associated
with this final rule. Therefore, FRA is not required to provide an
estimate of a public reporting burden.

Federalism Implications

    Executive Order 13132, entitled, ``Federalism,'' signed on August
4, 1999, requires that each agency ``in a separately identified portion
of the preamble to the regulation as it is to be issued in the Federal
Register, provide[] to the Director of the Office of Management and
Budget a federalism summary impact statement, which consists of a
description of the extent of the agency's prior consultation with State
and local officials, a summary of the nature of their concerns and the
agency's position supporting the need to issue the regulation, and a
statement of the extent to which the concerns of the State and local
officials have been met.'' FRA has analyzed this rulemaking action
under the principles and criteria contained in Executive Order 13132.
This rule will not have a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and the responsibilities among the various levels
of government, as specified in the Executive Order 13132. Accordingly,
FRA has determined this rule will not have sufficient federalism
implications to warrant consultation with State and local officials or
the preparation of a federalism assessment. Therefore, FRA has not
prepared a federalism assessment.

Environmental Impact

    FRA has evaluated this regulation under its ``Procedures for
Considering Environmental Impacts'' (FRA's Procedures) (64 FR 28545,
May 26, 1999) as the National Environmental Policy Act (42 U.S.C. 4321
et seq.) requires, other environmental statutes, Executive Orders, and
related regulatory requirements. FRA has determined this regulation is
not a major FRA action (requiring the preparation of an environmental
impact statement or environmental assessment) because it is
categorically excluded from detailed environmental review under section
4(c)(20) of FRA's Procedures. 64 FR 28545, 28547, May 26, 1999. Under
section 4(c) and (e) of FRA's Procedures, the agency has further
concluded that no extraordinary circumstances exist with respect to
this regulation that might trigger the need for a more detailed
environmental review. As a result, FRA finds that this regulation is
not a major Federal action significantly affecting the quality of the
human environment.

Unfunded Mandates Reform Act of 1995

    Under Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless otherwise
prohibited by law, assess the effects of Federal regulatory actions on
State, local, and tribal governments, and the private sector (other
than to the extent that such regulations incorporate

requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more (adjusted
annually for inflation) in any 1 year, and before promulgating any
final rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement'' detailing the
effect on State, local, and tribal governments and the private sector.
When adjusted for inflation using the Consumer Price Index for All
Urban Consumers as the Bureau of Labor Statistics published, the
equivalent value of $100,000,000 in year 2012 dollars is
$151,000,000.\2\ The final rule will not result in the expenditure, in
the aggregate, of $151,000,000 or more in any one year, and thus
preparation of such a statement is not required. Executive Order 13211
requires Federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' 66 FR 28355, May 22, 2001. Under the
Executive Order, a ``significant energy action'' is defined as ``[a]ny
action by an agency (normally published in the Federal Register) that
promulgates or is expected to lead to the promulgation of a final rule
or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.'' FRA has evaluated
this final rule under Executive Order 13211. FRA has determined that
this final rule is not likely to have a significant adverse effect on
the supply, distribution, or use of energy. Consequently, FRA has
determined that this regulatory action is not a ``significant energy
action'' within the meaning of Executive Order 13211.
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    \2\ See U.S. Department of Transportation guidance at, ``Reform
Act of 1995,'' February 24, 2014 (update), http://www.dot.gov/office-policy/transportation-policy/threshold-significant-regulatory-actions-under-unfunded-mandates.
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Privacy Act

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

List of Subjects in 49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.

The Rule

    In consideration of the foregoing, FRA amends part 225 of chapter
II, subtitle B of title 49, Code of Federal Regulations, as follows:

PART 225--[AMENDED]

0
1. The authority citation for part 225 is revised to read as follows:

    Authority:  49 U.S.C. 103, 322(a), 20103, 20107, 20901-02,
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

0
2. Amend Sec.  225.19 by revising the first sentence of paragraph (c)
and revising paragraph (e) to read as follows:

Sec.  225.19  Primary groups of accidents/incidents.

* * * * *
    (c) Group II--Rail equipment. Rail equipment accidents/incidents
are collisions, derailments, fires, explosions, acts of God, and other
events involving the operation of on-track equipment (standing or
moving) that result in damages higher than the current reporting
threshold (i.e., $6,700 for calendar years 2002 through 2005, $7,700
for calendar year 2006, $8,200 for calendar year 2007, $8,500 for
calendar year 2008, $8,900 for calendar year 2009, $9,200 for calendar
year 2010, $9,400 for calendar year 2011, $9,500 for calendar year
2012, $9,900 for calendar year 2013, $10,500 for calendar year 2014,
and $10,500 for calendar year 2015) to railroad on-track equipment,
signals, tracks, track structures, or roadbed, including labor costs
and the costs for acquiring new equipment and material. * * *
* * * * *
    (e) The reporting threshold is $6,700 for calendar years 2002
through 2005, $7,700 for calendar year 2006, $8,200 for calendar year
2007, $8,500 for calendar year 2008, $8,900 for calendar year 2009,
$9,200 for calendar year 2010, $9,400 for calendar year 2011, $9,500
for calendar year 2012, $9,900 for calendar year 2013, $10,500 for
calendar year 2014, and $10,500 for calendar year 2015. The procedure
for determining the reporting threshold for calendar years 2006 and
beyond appears as paragraphs 1-8 of appendix B to part 225.
* * * * *

    Issued in Washington, DC, on December 18, 2014.
Joseph C. Szabo,
Administrator.
[FR Doc. 2014-30113 Filed 12-23-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Page 34785]
[FR Doc No: 2019-15383]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. OSHA-2007-0066]
RIN 1218-AC96

Cranes and Derricks in Construction: Operator Qualification;
Approval of Information Collection Requirements

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

ACTION: Final rule; OMB information collection approval.

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SUMMARY: This rule is a technical amendment announcing Office of
Management and Budget (OMB) approval for the information collection
requirements in the Cranes and Derricks in Construction: Operator
Qualification final rule. OSHA sought OMB approval of these
requirements under the Paperwork Reduction Act of 1995 (the PRA), and
is announcing the approval for these requirements. OSHA is also
amending its regulations to display the new OMB control number, which
is 1218-0270.

DATE: Effective July 19, 2019.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, OSHA, Directorate of
Standards and Guidance, U.S. Department of Labor; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION: On November 9, 2018, OSHA published the
Cranes and Derricks in Construction: Operator Qualification final rule,
revising 29 CFR part 1926, subpart CC. The standard contains new and
revised information collection requirements. These requirements are
contained in the Information Collection Request (ICR) under control
number 1218-0270, which OSHA included in the final rule published in
the Federal Register (83 FR 56242-43). OSHA sought OMB approval of
these requirements under the PRA (44 U.S.C. 3501 et seq.), and OMB
approved the ICR on February 11, 2019. As required by OMB's regulations
implementing that Act, this notice is announcing the approval for these
requirements and adding the OMB control number 1218-0270 to the list of
approved construction standard ICR requirements that is maintained in
29 CFR 1926.5 (see 5 CFR 1320.3(f)). A copy of the approved ICR is
available at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201809-1218-001.
    The public has already had the opportunity to comment on the
information collection requirements and OMB has approved them. This
announcement is to increase public awareness of OMB's approval of the
information collection requirements.

Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on July 5, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.

    For the reasons stated in the preamble in this notice, the
Occupational Safety and Health Administration amends 29 CFR part 1926
as follows:

PART 1926--[AMENDED]

Subpart A--General

0
1. The authority citation for subpart A continues to read as follows:

    Authority: 40 U.S.C. 3701 et seq.; 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), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160),
5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912),
as applicable; and 29 CFR part 1911.

0
2. Amend the table in Sec.  1926.5 by revising the entry for
``1926.1427'' to read as follows:

Sec.  1926.5  OMB control numbers under the Paperwork Reduction Act

* * * * *

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                                                           OMB  control
                     29 CFR citation                            No.
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                                 * * * *
1926.1427...............................................       1218-0270

                                 * * * *
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[FR Doc. 2019-15383 Filed 7-18-19; 8:45 am]
BILLING CODE 4510-26-P


Survey Section No./ Topic Comment Response B 7 Monitoring Requirements a. Cruise ship operators should have a totals page of water/ air discharge data per ship and total number of ships for in house tracking, control, and monitoring total volume on a yearly basis. b. Sailing maps and location of discharge should be a required for total individual and total cruise ship saturation/ discharge monitoring. a. Part B, Section 2 requests the total volume of untreated graywater and blackwater discharged in waters in and near Alaska in 2004. Part B, Section 3 requests discharge flow rates from any graywater and/ or blackwater treatment systems for treated wastewater, sludge, and other residuals. Part B, Section 3 requests copies of each vessel's Sewage and Graywater Discharge Record Book for 2004 including discharges of sewage and graywater treatment system sludges, which records all releases of treated and untreated sewage, graywater, and sewage/ graywater mixture to waters in and near Alaska. b. Part B, Section 3 requests copies of each vessel's Sewage and Graywater Discharge Record Book for 2004. These records include the vessel's latitude and longitude at the time the discharge port is opened and at the time the discharge port is secured.

Introduction a. Add the " need to protect land and water habitat, and food resources of Alaska" as part of the need and requirements of the survey. Also cite State laws in addition to Federal Clean Water Act. b. Move discussion of " best estimate" forward and highlight. a. The purpose of this survey is to collect information for use in developing blackwater and graywater discharge regulations for large cruise vessels that operate in Alaskan waters. Such regulations are authorized by " Title XIVCertain Alaskan Cruise Ship Operations" of the Miscellaneous Appropriations Bill ( H. R. 5666) passed by Congress on December 21, 2000 in the Consolidated Appropriations Act of 2001 ( Pub. L 106 554) ( Sections 1401 1414). b. The " best estimate" discussion is in bold in the Introduction and was added to the introduction of each technical section.

Certification If certified for AK ships, why needed for ships that are not operating in AK. The survey should be completed for only those ships that operated in waters in and near Alaska in 2004. EPA will require the survey to be completed for each applicable ship. There are two possible certification statements. Statement 1 is for a cruise line that has completed the survey for one of its vessels. Statement 2 is for a cruise line that may have erroneously received a survey for one of its vessels which did not in fact operate in Alaskan waters in 2004. Summary of Comments Received in Consultations on the Draft Survey and EPA's Response ( Continued)

Survey Section No./ Topic Comment Response B 8 Burden for Technical Section a. For 2004, RCCL has 6 ships with 6 different WWT systems. It would take 20 hrs/ ship to complete the WWT system and other technical information. b. EPA did not include expense to copy blue prints or sending large amounts of data over dedicated satellite communications systems. c. Ships are underway from different ports every day making data collection difficult. a. The survey technical information should be completed for only those ships that operated in waters in and near Alaska in 2004. ADEC indicates there were 3 Royal Caribbean ships in the 2004 AK season, not 6. Part B of the survey is vessel specific. EPA estimates the burden per response to be approximately 36 hours for vessels certified for continuous discharge for the technical section. To reduce respondent burden, EPA plans to pre populate vesselspecific surveys with available information from ADEC, U. S. Coast Guard, and cruise line websites. b. The example WWT block diagram illustrates a simplified schematic that could provide the requested information. It is not necessary to copy blue prints. EPA believes respondents costs for copying, phone charges, etc. would be minimal and that labor costs comprise the majority of the financial burden . c. EPA understands the increased logistics requirements for ships as compared to landbased facilities and has revised its burden estimates accordingly.

Burden for Technical Section ( continued) d. 60 days to complete and review the survey is not sufficient especially for those companies that have dozens of ships. Financial information does not reside with any one person and that a meeting with and at individual companies with a number of persons may be necessary  this may necessitate EPA personnel travel to the home offices of the various companies. e. Reduce the scope of the survey and supplement with the detailed information obtained from ship visits and sampling episodes. d. EPA believes that 60 days will be sufficient to complete responses to the survey questionnaire. EPA will consider requests for additional time to respond on a case by case basis after efforts have been made to respond. Also, EPA's estimates of response burden have been adjusted in response to this and other comments. Note: Of the 12 cruise lines that will receive the survey, the number of applicable ships per cruise line ranges from 1 to 7. e. The detailed information obtained from ship visits and sampling episodes may not represent all the cruise vessels that may be covered by the discharge limitations. Vessel size, number of passengers, WWT systems, etc. vary among cruise lines and vessels and that ship specific information is required for EPA's analyses and development of discharge limitations.


[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36461-36463]
[FR Doc No: 2023-11813]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1045; Project Identifier MCAI-2022-01209-T;
Amendment 39-22437; AD 2023-10-01]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. This
AD was prompted by the excessive operation of certain elevator and
rudder surfaces during manufacturing, causing damage and accelerating
wear of internal parts of the power control units (PCUs). This AD
requires replacement of the left-hand (LH) and right-hand (RH) elevator
PCUs and lower and upper rudder PCUs, as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective June 20, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 20,
2023.
    The FAA must receive comments on this AD by July 20, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1045; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For ANAC material incorporated by reference in this AD,
contact National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email anac.gov.br">[email protected]anac.gov.br;
website anac.gov.br/en/. You may find this material on the ANAC website
at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
     You may view this service information 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 at
regulations.gov under Docket No. FAA-2023-1045.

FOR FURTHER INFORMATION CONTACT: Allison Buss, Aerospace Engineer,
Americas Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1045; Project Identifier MCAI-
2022-01209-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Allison
Buss, Aerospace Engineer, Americas Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 303-342-
1090; email [email protected]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2022-09-01, effective September 7, 2022 (ANAC AD 2022-09-01) (also
referred to as the MCAI), to correct an unsafe condition for certain
Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. The MCAI
states that during decontamination procedures on the Embraer
manufacturing line, the

flight control system (FCS) surfaces were operated to make the
hydraulic fluid circulate and send the contaminants to the filter
manifolds. The elevator and rudder PCUs of the airplane were operated,
when disengaged, during manufacturing line hydraulic decontamination
procedures, which may have caused damage and could accelerate wear of
internal parts of the PCUs. The accelerated wear in both PCUs of these
flight control surfaces may leave them unprotected from aeroelastic
phenomena and compromise the airplane's structural integrity under
certain operational conditions.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1045.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-09-01 specifies procedures for replacement of the LH
and RH elevator PCUs and lower and upper rudder PCUs with airworthy
parts having the same part number.
    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

    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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in ANAC AD
2022-09-01 described previously, 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 developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
ANAC AD 2022-09-01 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2022-09-01 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Service information required by ANAC
AD 2022-09-01 for compliance will be available at regulations.gov under
Docket No. FAA-2023-1045 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
          Labor cost               Parts cost        Cost per product
------------------------------------------------------------------------
Up to 6 work-hours x $85 per              * $0   Up to $510.
 hour = $510.
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost
  estimates for the parts specified in this AD.

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

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 adding the following new airworthiness
directive:

2023-10-01 S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.) Airplanes:
Amendment 39-22437; Docket No. FAA-2023-1045; Project Identifier
MCAI-2022-01209-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A Model ERJ 190-300, and 190-400
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 2022-
09-01, effective September 7, 2022 (ANAC AD 2022-09-01).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the excessive operation of certain
elevator and rudder surfaces during manufacturing. The FAA is
issuing this AD to address damage to internal parts of these PCUs,
which can accelerate their wear. The unsafe condition, if not
addressed, could leave the PCUs unprotected from aeroelastic
phenomena, which can adversely affect aircraft structural integrity
under certain operational conditions and compromise safety of
flight.

(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, ANAC AD 2022-09-01.

(h) Exceptions to ANAC AD 2022-09-01

    (1) Where ANAC AD 2022-09-01 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOC)'' section of
ANAC AD 2022-09-01 does not apply to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
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 International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. 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, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.

(j) Additional Information

    For more information about this AD, contact Allison Buss,
Aerospace Engineer, Americas Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 303
342 1090; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-09-01, effective September 7, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-09-01, contact National Civil Aviation
Agency (ANAC), Aeronautical Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email: anac.gov.br">[email protected]anac.gov.br; internet anac.gov.br/en/.
You may find this ANAC AD on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) 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>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 10, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-11813 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14312-14314]
[FR Doc No: 2015-06115]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2015-0134; FRL-9924-44-Region 7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Missouri; Reporting Emission Data, Emission Fees and Process
Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) and the Operating Permits Program for the State of Missouri
submitted on October 2, 2013. These revisions remove definitions that
were in this rule but have been moved to the state's general
definitions rule. These revisions also clarify the information required
in emission reports and clarify the types and frequency of reports for
the emission inventory. In addition, a revision to the emission fees
section of this rule clarifies that the current emissions fee is only
applicable for years 2013, 2014, and 2015 as set by Missouri statute.

DATES: This direct final rule will be effective May 18, 2015, without
further notice, unless EPA receives adverse comment by April 20, 2015.
If EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0134, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0134. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
excluding legal holidays. The interested persons wanting to examine
these documents

should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Paula Higbee, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking direct final action to approve the SIP and Operating
Permits Program revisions submitted by the state of Missouri for 10 CSR
10-6.110, ``Reporting Emission Data, Emission Fees, and Process
Information,'' on October 3, 2013. Section (2) of the rule is being
amended to move seven definitions from this rule to the state's general
definifions rule 10 CSR 10-6.020 (and also the definitions for
``reportable pollutant'' and ``reporting threshold'' which have been
moved to the state's general definitions rule but not yet submitted to
EPA for SIP approval.) Section (3)(A) revised the emission fees
section, which is approved under the Operating Permits Program only,
and clarifies that the current emissions fee is only applicable for
years 2013, 2014 and 2015 as set by Missouri statute. No changes were
made to the emission fees in the rule. Section (4) of the rule is being
amended to better reflect information required in emission reports and
clarifies the types and frequencies of reports to be submitted to the
Missouri Department of Natural Resources (MDNR) Air Pollution Control
Program for the Emissions Inventory Questionnaire. Missouri clarifies
the rule by providing a table which lists the type of installation,
such as, any installation that is required to obtain an operating
permit, and any installation with an intermediate operating permit or a
small source. The table shows various installations in the timetable
for the full emissions report and/or the reduced reporting form, if
applicable. The revisons to this section ensure that Missouri's rule is
equivalent to EPA's Federal Air Emission Reporting Rule.

II. Have the requirements for approval of a SIP revision and operating
permits program been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations, as well as meeting the Title V requirements. MDNR received
one comment from their Air Pollution Control program regarding
capitalization of the term ``Full Emissions Report'' and the relevant
term was corrected for rule clarity. Overall, these actions strengthen
the Missouri SIP and Operating Permits program by providing
clarifications for the regulated public. These revisions do not
negatively impact air quality, nor relax the SIP or operating permits
program.

III. What action is EPA taking?

    We are publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule to these SIP and Operating Permits revisions if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document. If
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that this direct final rule
will not take effect. We will address all public comments in any
subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Missouri's
rule 10 CSR 10-6.110 described in the direct final amendments to 40 CFR
part 52 set forth below. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 18, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.

    Dated: March 4, 2015.
Mark J. Hague,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR parts 52 and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320(c) the table is amended by revising the entry for
10-6.110 to read as follows:

Sec.  52.1320  Identificaiton of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
   Missouri  citation              Title          effective date     EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.110................  Reporting Emission            10/30/13  3/19/15 [Insert         Section (3)(A),
                           Data, Emission Fees,                    Federal Register        Emissions Fees, has
                           and Process                             citation].              not been approved as
                           Information.                                                    part of the SIP.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
4. Appendix A to part 70 is amended by adding paragraph (dd) under
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Missouri

* * * * *
    (dd) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.110, ``Reporting Emission
Data, Emission Fees, and Process Information'' on October 2, 2013.
The state effective date is October 30, 2013. This revision is
effective May 18, 2015.
* * * * *
[FR Doc. 2015-06115 Filed 3-18-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26687-26688]
[FR Doc No: 2019-11978]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-1264]

Enhancing the Diversity of Clinical Trial Populations--
Eligibility Criteria, Enrollment Practices, and Trial Designs; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Enhancing
the Diversity of Clinical Trial Populations--Eligibility Criteria,
Enrollment Practices, and Trial Designs.'' This draft guidance
recommends approaches that sponsors of clinical trials to support a new
drug application or a biologics license application can take to broaden
eligibility criteria, when scientifically and clinically appropriate,
and increase enrollment of underrepresented populations in their
clinical trials. The draft guidance reflects FDA policy encouraging
inclusion in clinical trials of participants representative of the
broad population of patients who will be exposed to a marketed drug and
is being issued to satisfy the FDA Reauthorization Act of 2017 (FDARA)
mandate.

DATES: Submit either electronic or written comments on the draft
guidance by August 6, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-1264 for ``Enhancing the Diversity of Clinical Trial
Populations--Eligibility Criteria, Enrollment Practices, and Trial
Designs.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and

contact information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with 21 CFR 10.20 and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Ebla Ali-Ibrahim, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave. Bldg. 51, Rm. 6302, Silver Spring, MD 20993, 301-796-
3691; or Stephen Ripley, Center for Biologics Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm.
7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Enhancing the Diversity of Clinical Trial Populations--
Eligibility Criteria, Enrollment Practices, and Trial Designs.'' This
draft guidance recommends approaches that sponsors of clinical trials
to support a new drug application or a biologics license application
can take to broaden eligibility criteria, when scientifically and
clinically appropriate, and increase enrollment of underrepresented
populations in their clinical trials. This draft guidance reflects FDA
policy encouraging inclusion in clinical trials of participants
representative of the broad population of patients who will be exposed
to a marketed drug. FDA is also issuing this guidance to satisfy the
mandates under section 610(a)(3) of FDARA (Pub. L. 115-52).
    Certain populations are often excluded from trials without strong
clinical or scientific justification (e.g., the elderly, those at the
extremes of the weight range, individuals with organ dysfunction, those
with malignancies or certain infections such as HIV, and children). In
addition, participants with multiple concomitant illnesses and those
receiving other drugs often do not meet eligibility criteria because of
concerns that such conditions or other drugs could affect a
determination of an investigational drug's safety or effectiveness.
Pregnant women are also frequently excluded out of concern for fetal
health. This draft guidance provides recommendations for more inclusive
trial practices, trial designs, and methodological approaches sponsors
can take to broaden eligibility criteria for clinical trials.
    Aspects of clinical trial recruitment practices, logistics, site
selection, and design may affect the ability to recruit certain
participants or to retain them in clinical trials. For example, a trial
requiring participants to make frequent visits to specific sites may
result in added burden for participants, including the elderly,
children, disabled and cognitively impaired individuals who require
transportation or caregiver assistance, or participants who live far
from research facilities, such as those in rural or remote locations.
For individuals under current clinical care on a regularly scheduled
basis (e.g., individuals with multiple chronic conditions), additional
clinical trial study visits may be burdensome and a disincentive for
enrollment in clinical trials. This draft guidance provides
recommendations on approaches sponsors can take to improve the
diversity of enrolled participants in clinical trials by making trial
participation less burdensome for participants and by adopting
enrollment practices that enhance inclusiveness.
    Clinical trials of investigational drugs intended to treat rare
diseases or conditions present a unique set of challenges. Because rare
diseases often affect small, geographically dispersed patient
populations with disease-related travel limitations, special efforts
may be necessary to enroll and retain these patients to ensure that a
broad spectrum of the patient population is represented in clinical
trials. This draft guidance provides recommendations on approaches
sponsors can take to broaden the eligibility criteria for clinical
trials of investigational drugs intended to treat rare diseases and to
improve the enrollment and retention of participants with rare
diseases.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Enhancing
the Diversity of Clinical Trial Populations--Eligibility Criteria,
Enrollment Practices, and Trial Designs.'' It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations. This guidance is not subject to
Executive Order 12866.

II. Paperwork Reduction Act of 1995

    FDA tentatively concludes that this draft guidance contains no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 is not
required.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
https://www.regulations.gov.

    Dated: June 3, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-11978 Filed 6-6-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76518-76519]
[FR Doc No: 2010-30839]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0160; Notice 1]

Volvo Trucks North America and Mack Trucks, Inc., Receipt of
Petition for Decision of Inconsequential Noncompliance

    North American Trucks on behalf of Volvo Trucks North America (VTN)
and

Mack Trucks, Inc. (MTI) \1\ has determined that certain 2008 through
2010 Volvo VHD model, 2008 and 2009 Volvo VHL model, 2008 and 2009
Volvo VNL model, 2008 Volvo VT model, and 2008 through 2010 Mack CHU,
CXU and GU model trucks that were built with certain Meritor WABCO ABS
Modulator valves failed to meet the requirements of paragraph
S<IP_ADDRESS>(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 121,
Air Brake Systems. VTN and MTI filed appropriate reports pursuant to 49
CFR Part 573, Defect and Noncompliance Responsibility and Reports; the
original submission is dated April 10, 2010, and a corrected version is
dated May 28, 2010.
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    \1\ Volvo Trucks North America and Mack Trucks, Inc., are both
United States corporations that import and manufacture motor
vehicles.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), VTN and MTI have petitioned for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of the VTN and MTI petition is published
under 49 U.S.C. 30118 and 30120 and does not represent any agency
decision or other exercise of judgment concerning the merits of the
petition.
    VTN stated that the affected Volvo VNL, VNM, and VHD model trucks
were manufactured from March 1, 2007 through December 11, 2009. A total
of 1,916 affected Volvo trucks were manufactured of which 1,763 were
sold in the U.S.
    MTI stated that the affected Mack CHU, CXU and GU model trucks were
manufactured from March 1, 2007, through December 11, 2009. A total
1,287 affected Mack trucks were manufactured of which 1,202 were sold
in the U.S.
    Only the trucks sold in the United States are the subject of their
petition.
    Paragraph S<IP_ADDRESS>(a) of FMVSS No. 121 requires:

    S<IP_ADDRESS>(a) With an initial service brake chamber air pressure
of 95 psi, the air pressure in each brake chamber shall, when
measured from the first movement of the service brake control, fall
to 5 psi in not more than 0.55 second in the case of trucks and
buses; 1.00 second in the case of trailers, other than trailer
converter dollies, designed to tow another vehicle equipped with air
brakes; 1.10 seconds in the case of trailer converter dollies; and
1.20 seconds in the case of trailers other than trailers designed to
tow another vehicle equipped with air brakes. A vehicle designated
to tow another vehicle equipped with air brakes shall meet the above
release time requirement with a 50-cubic-inch test reservoir
connected to the control line output coupling. A trailer, including
a trailer converter dolly, shall meet the above release time
requirement with its control line input coupling connected to the
test rig shown in Figure 1.
    (b) For vehicles designed to tow another vehicle equipped with
air brakes, the pressure in the 50-cubic-inch test reservoir
referred to in S<IP_ADDRESS>(a) shall, when measured from the first
movement of the service brake control, fall to 5 psi in not more
than 0.75 seconds in the case of trucks and buses, 1.10 seconds in
the case of trailer converter dollies, and 1.00 seconds in the case
of trailers other than trailer converter dollies.

    VTN and MTI state that the noncompliance is that the quick release
service brake function may not activate properly during FMVSS No. 121
brake pressure release certification testing due to an internal
component variation in certain Meritor WABCO ABS modulator valves
installed on the subject vehicles. As a result, certain vehicles may
not comply with the FMVSS No. 121 brake pressure release timing
requirement as specified in S<IP_ADDRESS>(a). However, VTN and MTI indicate
that they do not believe that this issue has any effect on the ABS
performance of the brake system.
    VTN and MTI also state that they have taken steps to correct the
noncompliance in future production.
    VTN and MTI rely on the test report submitted with the petition to
support their contention that the described FMVSS No. 121 noncompliance
is inconsequential to motor vehicle safety.
    In summary, VTN and MTI believe that their petition, to exempt them
from providing recall notification of noncompliance as required by 49
U.S.C. 30118 and remedying the recall noncompliance as required by 49
U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: January 7, 2011.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: December 2, 2010.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2010-30839 Filed 12-7-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43861-43862]
[FR Doc No: 2018-18597]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-194-000]

Nebraska Public Power District v. Tri-State Generation
Transmission Association, Inc. Southwest Power Pool, Inc.; Notice of
Complaint

    Take notice that on August 21, 2018, pursuant to sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824e and 825e and Rule 206 of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206, Nebraska Public Power District
(Complainant) filed a formal complaint against Tri-State Generation
Transmission Association, Inc. (Tri-State) and Southwest Power Pool,
Inc. (SPP) (collectively, Respondents) alleging that the inclusion of
certain cost in Tri-State's annual Transmission Revenue Requirement
cause rates for transmission service under SPP's, Inc. Open Access
Transmission Tariff to be unjust and unreasonable, as more fully
explained in the complaint.
    Complainant certifies that copies of the complaint were served on
the contacts for Respondents on the Commission's list of Corporate
Officials.
    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 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.
The Respondent's answer and all interventions, or protests must be
filed on or before the comment date. The Respondent's answer, motions
to intervene, and protests must be served on the Complainant.
    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 5 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 website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 10, 2018.

    Dated: August 22, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18597 Filed 8-27-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23996-23997]
[FR Doc No: 2018-11055]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0055; Notice No. 2018-10]

Hazardous Materials: Revisions to the Emergency Response
Guidebook

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

ACTION: Notice; request for information.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) is soliciting input on ways to improve the Emergency Response
Guidebook (ERG) as it develops the 2020 edition (ERG2020). PHMSA is
particularly interested in input from emergency services personnel who
have experience using the ERG to respond to hazardous materials
transportation incidents.

ADDRESSES: An email address has been established for interested persons
to submit their input: [email protected].

FOR FURTHER INFORMATION CONTACT:  Stephen Martinez, Outreach,
Engagement and Grants Division (PHH-50), Pipeline and Hazardous
Materials Safety Administration (PHMSA), 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Telephone number:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act:

    The collection of this information has been approved under OMB
Control Number 2105-0573, ``Generic Clearance for the Collection of
Qualitative Feedback on Agency Service Delivery.'' PHMSA estimates the
total burden from this collection to be:
    Number of Respondents: 148.
    Number of Responses: 148.
    Number of Burden Hours: 12.
    Burden Cost: 151.

A. Background and Purpose

    The Federal hazardous materials transportation law, 49 U.S.C. 5101
et seq., authorizes the Secretary of Transportation (Secretary) to
issue and enforce regulations deemed necessary to ensure the safe
transportation of hazardous materials in commerce. In addition, the law
directs the Secretary to provide law enforcement and fire-fighting
personnel with technical information and advice for responding to
emergencies involving the transportation of hazardous materials.
    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
developed the United States version of the Emergency Response Guidebook
(ERG) for use by emergency services personnel to provide guidance for
initial response to hazardous materials transportation incidents. Since
1980, it has been PHMSA's goal that all public emergency response
personnel (e.g., fire-fighting, police, and rescue squads) have
immediate access to the ERG. To date and without charge, PHMSA has
distributed more than 14.5 million copies of the ERG to emergency
service agencies and developed free online resources and downloadable
mobile applications to make the ERG more accessible. Since 1996, PHMSA,
Transport Canada, and the Secretariat of Communication and Transport of
Mexico have developed the ERG as a joint effort, with the assistance of
interested parties from government and industry, including Argentina's
Chemical Information Center for Emergencies (CIQUIME). ERG2020 will be
published in English, French, and Spanish.
    Publication of ERG2020 will increase public safety by providing
consistent emergency response procedures for hazardous materials
transportation incidents in North America. To continually improve the
ERG, PHMSA is publishing this notice to inform interested parties of an
open-ended method to relate their experiences using the ERG and
recommendations on how it could be modified or improved. If PHMSA
receives comments that it cannot feasibly consider prior to the
publication of ERG2020, then such comments will be considered for
subsequent versions of the ERG.
    In addition to this notice, PHMSA will publicize its interest in
receiving input on ERG2020 through future

announcements to emergency responder associations, during training and
education seminars, and during activities with State and local
government agencies. PHMSA has established an email address for
interested persons to submit their input (see ADDRESSES).

B. Emergency Response Guidebook Questions

    To assist in the gathering of information, PHMSA solicits input
from ERG users on experiences using, and concerns with, the 2012 and
2016 editions. We are interested in any comments stakeholders and users
wish to provide, but are particularly looking for answers to the
following questions:
    1. How can we make the ERG more user-friendly for first responders
during the initial response phase of a hazardous materials
transportation incident? Please provide examples.
    2. Does ERG2016 effectively emphasize the most useful information
for the initial response phase?
    3. Have you encountered conflicting or ambiguous guidance messages
when using the ERG and other sources of technical information?
    4. Are there ways we could improve the White Pages? For example:
     Did you find the ``How to Use this Guidebook'' flow chart
on page 1 of ERG2016 useful in understanding how to use the ERG? Please
explain why or why not.
     Do you believe we should reformat the tables, charts, and
the information they provide (i.e., Table of Placards, Rail
Identification Chart, and Road Trailer Identification Chart)? What
changes do you think would make them more useful, clear, and easy to
read and use?
     What other identification charts should we add, if any?
What other subject(s) should we address?
     How could we improve the information the ERG provides on
chemical, biological, and radiological transportation incidents? Can
you suggest information to include or remove?
     Do you find the terms in the Glossary appropriate and
current? What terms should we add? What terms should we remove or
change?
    5. In ERG2016's Yellow or Blue Pages, have you found any
identification number and/or material name that seems to be assigned to
an incorrect Guide number? If so, please note the identification
number, material name, the Guide number, and suggest a new Guide number
with your reasons why.
    6. Do the Orange Guide Pages contain recommendations and responses
that are appropriate to the material they are assigned to? If not,
please explain and recommend a correction.
    7. How could we change/improve the introduction and description of
the Green Pages, or any of the following tables?
     Table 1--``Initial Isolation and Protective Action
Distances''
     Table 2--``Water Reactive Materials Which Produce Toxic
Gases''
     Table 3--``Initial Isolation and Protective Action
Distances for Different Quantities of Six Common TIH Gases''
    8. When calling any of the Emergency Response Telephone Numbers
listed in ERG2016, have you experienced a busy telephone line,
disconnection, or no response? If so, please describe.
    9. What format(s) of the ERG do you use (hardcopy, electronic,
online, mobile applications, etc.), and why?
    10. How often do you use the ERG in a dangerous goods
transportation emergency?
    In addition to the specific questions listed in this notice, PHMSA
is also interested in any supporting data and analyses that will
enhance the value of the comments submitted.

    Issued in Washington, DC, on May 10, 2018.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2018-11055 Filed 5-22-18; 8:45 am]
 BILLING CODE 4910-60-P