Federal Register Vol. 80, No.170,

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range52935-53234
FR Document

80_FR_170
Current View
Page and SubjectPDF
80 FR 53022 - Raisins Produced From Grapes Grown in California; Increased Assessment RatePDF
80 FR 53021 - U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits and Vegetables for Processing, Nuts, and Specialty CropsPDF
80 FR 53188 - Notice of Application for Withdrawal Extension and Opportunity for Public Meeting, IdahoPDF
80 FR 53000 - Significant New Use Rule on Substituted Cyclosiloxane; RemovalPDF
80 FR 53151 - Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability ActPDF
80 FR 52996 - Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NCPDF
80 FR 52993 - Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone; San Diego Bay, San Diego, CAPDF
80 FR 53185 - Agency Information Collection Activities: Petition for Alien Fiancé (e), Form I-129F; Revision of a Currently Approved CollectionPDF
80 FR 53188 - Notice of Realty Action: Application for Segregation and Conveyance of Federally Owned Mineral Interests in Mathews County, VAPDF
80 FR 53088 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Process for Divestiture of Excess Quota Shares in the Individual Fishing Quota FisheryPDF
80 FR 53087 - Medicare Program; End-Stage Renal Disease Prospective Payment System; CorrectionPDF
80 FR 53222 - Notice of Release From Surplus Property Deed Obligations at Luke Auxiliary Airfield #6, Buckeye, Maricopa County, ArizonaPDF
80 FR 53205 - Agency Information on Public Availability of OSC FY 2014 Service Contract InventoryPDF
80 FR 53222 - Imposition of Nonproliferation Measures Against Foreign Persons, Including a Ban on U.S. Government ProcurementPDF
80 FR 53106 - Initiation of Antidumping and Countervailing Duty Administrative ReviewsPDF
80 FR 53112 - Certain Pasta From Turkey: Initiation of Antidumping Duty New Shipper ReviewPDF
80 FR 53105 - Uncovered Innerspring Units From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 53112 - Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 52999 - Annual Marine Events in the Eighth Coast Guard District, Sabine River; Orange, TXPDF
80 FR 53104 - Certain Preserved Mushrooms From Chile, India, Indonesia and the People's Republic of China: Continuation of the Antidumping Duty OrdersPDF
80 FR 53015 - Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #22 through #29PDF
80 FR 53111 - Polyethylene Retail Carrier Bags From Thailand: Notice of Final Results of Antidumping Duty Changed Circumstances ReviewPDF
80 FR 53103 - Foreign-Trade Zone 182-Fort Wayne, Indiana, Application for Reorganization, (Expansion of Service Area), Under Alternative Site FrameworkPDF
80 FR 53138 - Agricultural Advisory Committee; Notice of MeetingPDF
80 FR 52972 - Administration of Multiemployer Plan Participant Vote on an Approved Suspension of Benefits Under MPRAPDF
80 FR 53068 - Administration of Multiemployer Plan Participant Vote on an Approved Suspension of Benefits Under MPRAPDF
80 FR 53153 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
80 FR 53088 - Petitions for Reconsideration of Action in Rulemaking ProceedingPDF
80 FR 53229 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 53230 - Proposed Collection; Comment Request for Form 1120-POLPDF
80 FR 53233 - Proposed Collection; Comment Request for Form 1120-FSC and Schedule P (Form 1120-FSC)PDF
80 FR 53233 - Proposed Collection; Comment Request for Notice 2009-41PDF
80 FR 53231 - Proposed Collection; Comment Request for Information Collection ToolsPDF
80 FR 53232 - Proposed Collection; Comment Request for Disclosure of Returns and Return Information to Designee of TaxpayerPDF
80 FR 53234 - Proposed Collection; Comment Request for Form 8288-BPDF
80 FR 53146 - Shell Energy North America (US) L.P. v. California Independent System Operator Corporation; Notice of ComplaintPDF
80 FR 53148 - Combined Notice of Filings #2PDF
80 FR 53147 - Combined Notice of Filings #1PDF
80 FR 53101 - J.R. Simplot Co.; Determination of Nonregulated Status of Potato Genetically Engineered for Late Blight Resistance, Low Acrylamide Potential, Reduced Black Spot Bruising, and Lowered Reducing SugarsPDF
80 FR 53230 - Art Advisory Panel; Notice of Closed MeetingPDF
80 FR 53169 - Changes in Flood Hazard DeterminationsPDF
80 FR 53007 - Final Flood Elevation DeterminationsPDF
80 FR 53173 - Changes in Flood Hazard DeterminationsPDF
80 FR 53165 - Changes in Flood Hazard DeterminationsPDF
80 FR 53144 - Environmental Management Site-Specific Advisory Board, Northern New MexicoPDF
80 FR 53114 - Proposed Information Collection; Comment Request; Malcolm Baldrige National Quality Award Application (MBNQA)PDF
80 FR 53144 - Environmental Management Site-Specific Advisory Board, Savannah River SitePDF
80 FR 53191 - Abbas E. Sina, M.D.; Decision and OrderPDF
80 FR 53159 - Submission for OMB Review; Comment RequestPDF
80 FR 53160 - Submission for OMB Review; Comment RequestPDF
80 FR 53203 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Weekly Claims and Extended Benefits Data and Weekly Initial and Continued Weeks ClaimedPDF
80 FR 53189 - Information Collection Activities: Plans and Information; Submitted for Office of Management and Budget (OMB) Review; Comment RequestPDF
80 FR 53186 - FWS-R3-ES-2015-N164; FXES11130300000-154-FF03E00000]PDF
80 FR 53225 - Application of Harris Aircraft Services, Inc. for Certificate AuthorityPDF
80 FR 53223 - Petition for Approval of Product Safety PlanPDF
80 FR 53154 - Patient Safety Organizations: Voluntary Relinquishment From Safe Pediatric Healthcare PSOPDF
80 FR 53154 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 53163 - Prospective Grant of Co-Exclusive License: Biomarkers for Acute Ischemic StrokePDF
80 FR 53153 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 53153 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 53145 - Notice of Availability of Environmental AssessmentPDF
80 FR 53150 - Oasis Power, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 53148 - Notice of Application for Amendment of Licenses To Incorporate Interim Fish Passage Plan and Soliciting Comments, Motions To Intervene and ProtestsPDF
80 FR 53146 - Censtar Operating Company, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 53148 - Censtar Energy Corp.; Supplemental Notice that Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 53157 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 52999 - Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, ILPDF
80 FR 53223 - Petition for Exemption; Summary of Petition ReceivedPDF
80 FR 53163 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 53163 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
80 FR 53164 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
80 FR 53164 - Proposed Collection; 60-Day Comment Request; Application Forms for the NIDA Summer Research Internship Program (NIDA)PDF
80 FR 53176 - Proposed Flood Hazard DeterminationsPDF
80 FR 53168 - Proposed Flood Hazard DeterminationsPDF
80 FR 53178 - Final Flood Hazard DeterminationsPDF
80 FR 53169 - West Virginia; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
80 FR 53226 - Additional Designations, Foreign Narcotics Kingpin Designation ActPDF
80 FR 52962 - Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; CorrectionPDF
80 FR 53024 - Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France (Eurocopter) Helicopters)PDF
80 FR 53030 - Airworthiness Directives; MD Helicopters Inc. (MDHI) HelicoptersPDF
80 FR 53086 - Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery ProgramPDF
80 FR 52959 - Updated Statements of Legal Authority for the Export Administration Regulations To Include August 7, 2015 Extension of Emergency Declared in Executive Order 13222PDF
80 FR 52963 - Addition of Certain Persons to the Entity ListPDF
80 FR 53001 - Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery ProgramPDF
80 FR 53028 - Airworthiness Directives; MD Helicopters Inc., HelicoptersPDF
80 FR 53149 - Combined Notice of Filings #1PDF
80 FR 53146 - Combined Notice of FilingsPDF
80 FR 53231 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 53115 - Determination of Overfishing or an Overfished ConditionPDF
80 FR 53181 - Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-DHS/CBP-020 Export Information System (EIS) System of Records.PDF
80 FR 53019 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-DHS/CBP-020 Export Information System (EIS) System of Records System of RecordsPDF
80 FR 53180 - Agency Information Collection Activities: National Initiative for Cybersecurity Careers and Studies (NICCS) Cybersecurity Training and Education Catalog (Training/Workforce Development Catalog) CollectionPDF
80 FR 53213 - Self-Regulatory Organizations; BOX Options Exchange LLC; Order Granting Approval of a Proposed Rule Change To Implement the Governance Provisions of an Equity Rights ProgramPDF
80 FR 53218 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees SchedulePDF
80 FR 53219 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Proposed Rule Change To Enhance NSCC's Margining Methodology as Applied to Family-Issued Securities of Certain NSCC MembersPDF
80 FR 53207 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.26 Relating to the Reactivation of NSXPDF
80 FR 53216 - Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.26 Relating to the Reactivation of NSXPDF
80 FR 53209 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 13.4 Relating to the Reactivation of NSXPDF
80 FR 53206 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 13.4 Relating to the Reactivation of NSXPDF
80 FR 53211 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Manipulative OperationsPDF
80 FR 53102 - Proposed Information Collection; Comment Request; Special Census ProgramPDF
80 FR 53228 - Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to the Foreign Narcotics Kingpin Designation ActPDF
80 FR 53225 - Unblocking of Specially Designated Nationals and Blocked PersonsPDF
80 FR 53227 - Removal of Specially Designated Nationals and Blocked Persons Pursuant to the Cuban Assets Control RegulationsPDF
80 FR 53143 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Income Based Repayment-NotificationsPDF
80 FR 53142 - Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee MeetingPDF
80 FR 53000 - Drawbridge Operation Regulation; English Kills, Brooklyn, NYPDF
80 FR 53115 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Pier Replacement ProjectPDF
80 FR 53161 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry on Safety Labeling Changes-Implementation of Section 505(o)(4) of the Federal Food, Drug, and Cosmetic ActPDF
80 FR 53224 - Notice and Request for CommentsPDF
80 FR 53204 - NASA Federal Advisory Committees; Public NominationsPDF
80 FR 53162 - Food and Drug Administration/Drug Information Association Oligonucleotide-Based Therapeutics Conference 2015PDF
80 FR 53015 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota TransferPDF
80 FR 53143 - Proposed Collection; Comment RequestPDF
80 FR 52976 - United States Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in the Active Conduct of a Trade or BusinessPDF
80 FR 53070 - Proximity Detection Systems for Mobile Machines in Underground MinesPDF
80 FR 53058 - United States Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in the Active Conduct of a Trade or BusinessPDF
80 FR 53033 - Temporary Flight Restrictions in the Proximity of Launch and Reentry OperationsPDF
80 FR 53203 - Meeting of the Public Safety Officer Medal of Valor Review BoardPDF
80 FR 53135 - Notice of MeetingPDF
80 FR 53157 - Availability of Draft Toxicological Profile; PerfluoroalkylsPDF
80 FR 53136 - Procurement List; Addition and DeletionsPDF
80 FR 53011 - Allowing Importers To Provide Information to U.S. Customs and Border Protection in Electronic FormatPDF
80 FR 52935 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 52939 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 52953 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) AirplanesPDF
80 FR 52955 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
80 FR 52941 - Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company AirplanesPDF
80 FR 52946 - Airworthiness Directives; Vulcanair S.p.A. AirplanesPDF
80 FR 53138 - Senior Executive Service Performance Review Board MembershipPDF
80 FR 53151 - Agency Information Collection Activities; Proposed Collection; Comment RequestPDF
80 FR 53036 - Safety Standard for Automatic Residential Garage Door OperatorsPDF
80 FR 52982 - Paroling, Recommitting and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia CodesPDF
80 FR 52984 - MSHA Headquarters, Pittsburgh Safety and Health Technology Center, and Respirable Dust Processing Laboratory Address ChangesPDF
80 FR 53021 - Changes to Fees and Payment MethodsPDF
80 FR 52948 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 52937 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF

Issue

80 170 Wednesday, September 2, 2015 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53154-53157 2015-21719 Patient Safety Organizations: Safe Pediatric Healthcare PSO; Delisting, 53154 2015-21720 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Toxicological Profiles: Perfluoroalkyls, 53157 2015-21544 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Raisins Produced from Grapes Grown in California; Increased Assessment Rate, 53022-53024 2015-21850 U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits and Vegetables for Processing, Nuts, and Specialty Crops, 53021 2015-21836 Agricultural Research Agricultural Research Service PROPOSED RULES Changes to Fees and Payment Methods, 53021-53022 2015-20844 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Agricultural Research Service

See

Animal and Plant Health Inspection Service

Animal Animal and Plant Health Inspection Service NOTICES Determination of Nonregulated Status: J.R. Simplot Co.; Potatoes Genetically Engineered for Late Blight Resistance, Low Acrylamide Potential, Reduced Black Spot Bruising, and Lowered Reducing Sugars, 53101-53102 2015-21747 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Plans and Information, 53189-53191 2015-21725 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Census Program, 53102-53103 2015-21663 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53157-53159 2015-21708 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program; End-Stage Renal Disease Prospective Payment System: Correction, 53087-53088 2015-21783 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53159-53161 2015-21727 2015-21728 Coast Guard Coast Guard RULES Drawbridge Operations: English Kills, Brooklyn, NY, 53000 2015-21648 Upper Mississippi River, Rock Island, IL, 52999 2015-21707 Special Local Regulations: Annual Marine Events in the Eighth Coast Guard District, Sabine River, Orange, TX, 52999 2015-21772 Marine Events, Wrightsville Channel; Wrightsville Beach, NC, 52996-52998 2015-21792 Southern California Annual Marine Events for the San Diego Captain of the Port Zone; San Diego Bay, San Diego, CA, 52993-52996 2015-21791 Commerce Commerce Department See

Census Bureau

See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

Commission Fine Commission of Fine Arts NOTICES Meetings: Commission of Fine Arts, 53135 2015-21548 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 53136-53138 2015-21511 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Agricultural Advisory Committee, 53138 2015-21767 Consumer Product Consumer Product Safety Commission PROPOSED RULES Safety Standard for Automatic Residential Garage Door Operators, 53036-53058 2015-21340 Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Senior Executive Service Performance Review Board Membership, 53138-53142 2015-21406 Defense Department Defense Department See

Navy Department

NOTICES Meetings: Judicial Proceedings Since Fiscal Year 2012 Amendments Panel, 53142-53143 2015-21649
Drug Drug Enforcement Administration NOTICES Decisions and Orders: Abbas E. Sina, M.D., 53191-53203 2015-21732 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Income Based Repayment—Notifications, 53143-53144 2015-21653 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 53144 2015-21737 Environmental Management Site-Specific Advisory Board, Savannah River Site, 53144-53145 2015-21734
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Phased Discontinuation of Stage II Vapor Recovery Program, 53001-53007 2015-21681 Significant New Uses: Substituted Cyclosiloxane; Removal, 53000-53001 2015-21800 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Phased Discontinuation of Stage II Vapor Recovery Program, 53086-53087 2015-21684 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53151-53152 2015-21372 Proposed Administrative Settlements Pursuant to CERCLA, 53151 2015-21793 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 52935-52937 2015-21475 Bombardier, Inc. Airplanes, 52937-52939, 52955-52959 2015-20583 2015-21472 Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes, 52953-52955 2015-21473 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 52941-52946 2015-21465 The Boeing Company Airplanes, 52939-52941, 52948-52953 2015-20696 2015-21474 Vulcanair S.p.A. Airplanes, 52946-52948 2015-21444 PROPOSED RULES Airworthiness Directives: Airbus Helicopters (Previously Eurocopter France (Eurocopter) Helicopters, 53024-53028 2015-21689 MD Helicopters Inc. (MDHI) Helicopters, 53030-53032 2015-21686 MD Helicopters Inc., Helicopters, 53028-53030 2015-21680 Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations, 53033-53036 2015-21567 NOTICES Petitions for Exemptions; Summaries, 53223 2015-21706 Surplus Property Deed Obligation Release: Luke Auxiliary Airfield #6, Buckeye, Maricopa County, AZ, 53222-53223 2015-21781 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 53088 2015-21763 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53153 2015-21764 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 53007-53011 2015-21741 NOTICES Changes in Flood Hazard Determinations, 53169-53173 2015-21744 Flood Hazard Determinations, 53168-53169, 53176-53179 2015-21699 2015-21700 2015-21701 Flood Hazard Determinations; Changes, 53165-53168, 53173-53176 2015-21738 2015-21739 Major Disaster Declarations: West Virginia, 53169 2015-21698 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Brookfield White Pine Hydro, LLC; Merimil, LP, 53148-53149 2015-21712 Combined Filings, 53146-53150 2015-21678 2015-21679 2015-21749 2015-21750 Complaints: Shell Energy North America (US) LP v. California Independent System Operator Corp., 53146 2015-21751 Environmental Assessments; Availability, etc.: Beverly Lock and Dam Water Power; Devola Lock and Dam Water Power Project; Malta/McConnelsville Lock and Dam Water Power Project; et al., 53145-53146 2015-21714 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Censtar Energy Corp., 53148 2015-21710 Censtar Operating Co., LLC, 53146-53147 2015-21711 Oasis Power, LLC, 53150-53151 2015-21713 Federal Railroad Federal Railroad Administration NOTICES Petitions: Product Safety Plan Approvals, 53223-53224 2015-21721 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 53153-53154 2015-21717 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 53153 2015-21716 Fish Fish and Wildlife Service NOTICES Permits: Endangered and Threatened Wildlife and Plants, 53186-53188 2015-21724 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry on Safety Labeling Changes—Implementation of Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act, 53161-53162 2015-21645 Meetings: Food and Drug Administration/Drug Information Association Oligonucleotide-Based Therapeutics Conference, 53162-53163 2015-21639 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 53225-53229 2015-21659 2015-21660 2015-21662 2015-21696 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 182, Fort Wayne, IN, 53103-53104 2015-21768 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Agency for Toxic Substances and Disease Registry

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

U.S. Citizenship and Immigration Services

PROPOSED RULES Privacy Act; Systems of Records, 53019-53021 2015-21674 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Initiative for Cybersecurity Careers and Studies Cybersecurity Training and Education Catalog, Training/Workforce Development Catalog, Collection, 53180-53181 2015-21673 Privacy Act; Systems of Records, 53181-53185 2015-21675
Industry Industry and Security Bureau RULES Addition of Certain Persons to the Entity List, 52963-52972 2015-21682 Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-related Items Such as Infrastructure Regarding Sudan: Correction, 52962-52963 2015-21695 Updated Statements of Legal Authority for the Export Administration Regulations to Include August 7, 2015 Extension of Emergency Declared in Executive Order 13222, 52959-52962 2015-21683 Interior Interior Department See

Bureau of Safety and Environmental Enforcement

See

Fish and Wildlife Service

See

Land Management Bureau

Internal Revenue Internal Revenue Service RULES Administration of Multiemployer Plan Participant Vote on an Approved Suspension of Benefits under MPRA, 52972-52976 2015-21766 U.S. Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in the Active Conduct of a Trade or Business, 52976-52982 2015-21574 PROPOSED RULES Administration of Multiemployer Plan Participant Vote on an Approved Suspension of Benefits under MPRA, 53068-53070 2015-21765 U.S. Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in the Active Conduct of a Trade or Business, 53058-53068 2015-21572 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53229-53234 2015-21677 2015-21754 2015-21757 2015-21758 2015-21760 2015-21761 2015-21762 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Returns and Return Information to Designee of Taxpayer, 53232-53233 2015-21755 Meetings: Art Advisory Panel, 53230 2015-21745 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Turkey, 53112 2015-21776 Certain Preserved Mushrooms from Chile, India, Indonesia and the People's Republic of China, 53104-53105 2015-21771 Polyethylene Retail Carrier Bags from Thailand, 53111-53112 2015-21769 Purified Carboxymethylcellulose from the Netherlands, 53112-53114 2015-21773 Uncovered Innerspring Units from the People's Republic of China, 53105-53106 2015-21775 Initiation of Antidumping and Countervailing Duty Administrative Reviews, 53106-53111 2015-21777 Justice Department Justice Department See

Drug Enforcement Administration

See

Justice Programs Office

See

Parole Commission

Justice Programs Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 53203 2015-21565 Labor Department Labor Department See

Mine Safety and Health Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Weekly Claims and Extended Benefits Data and Weekly Initial and Continued Weeks Claimed, 53203-53204 2015-21726
Land Land Management Bureau NOTICES Applications: Withdrawal Extension; Idaho, 53188-53189 2015-21803 Realty Actions: Application for Segregation and Conveyance of Federally Owned Mineral Interests in Mathews County, VA, 53188 2015-21788 Mine Mine Safety and Health Administration RULES MSHA Headquarters, Pittsburgh Safety and Health Technology Center, and Respirable Dust Processing Laboratory Address Changes, 52984-52993 2015-21054 PROPOSED RULES Proximity Detection Systems for Mobile Machines in Underground Mines, 53070-53086 2015-21573 NASA National Aeronautics and Space Administration NOTICES Requests for Nominations: NASA Federal Advisory Committees, 53204-53205 2015-21640 National Highway National Highway Traffic Safety Administration RULES Allowing Importers to Provide Information to U.S. Customs and Border Protection in Electronic Format, 53011-53015 2015-21505 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53224-53225 2015-21642 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Malcolm Baldrige National Quality Award Application, 53114-53115 2015-21735 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Forms for the National Institute of Drug Abuse Summer Research Internship Program, 53164-53165 2015-21702 Exclusive Licenses: Biomarkers for Acute Ischemic Stroke, 53163-53164 2015-21718 Meetings: Center for Scientific Review, 53163 2015-21705 National Institute of Allergy and Infectious Diseases, 53163-53164 2015-21703 2015-21704 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer, 53015 2015-21638 Fisheries Off West Coast States: Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #22 through #29, 53015-53018 2015-21770 PROPOSED RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Process For Divestiture of Excess Quota Shares in the Individual Fishing Quota Fishery, 53088-53100 2015-21786 NOTICES Determinations of Overfishing or an Overfished Condition, 53115 2015-21676 Takes of Marine Mammals: Pier Replacement Project, 53115-53135 2015-21647 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53143 2015-21588 Office Special Office of the Special Counsel NOTICES Service Contract Inventory, 53205-53206 2015-21779 Parole Parole Commission RULES Paroling, Recommitting and Supervising Federal Prisoners: Prisoners Serving Sentences under the United States and District of Columbia Codes, 52982-52984 2015-21094 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 53207-53209 2015-21669 BATS Y-Exchange, Inc., 53216-53217 2015-21668 BOX Options Exchange, LLC, 53213-53216 2015-21672 Chicago Board Options Exchange, Inc., 53218-53219 2015-21671 EDGA Exchange, Inc., 53209-53210 2015-21667 EDGX Exchange, Inc., 53206-53207 2015-21666 NASDAQ OMX PHLX, LLC, 53211-53213 2015-21665 National Securities Clearing Corp., 53219-53221 2015-21670 State Department State Department NOTICES Imposition of Nonproliferation Measures Against Foreign Persons, Including a Ban on U.S. Government Procurement, 53222 2015-21778 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

National Highway Traffic Safety Administration

NOTICES Applications for Certificate Authority: Harris Aircraft Services, Inc., 53225 2015-21722
Treasury Treasury Department See

Foreign Assets Control Office

See

Internal Revenue Service

U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53185-53186 2015-21789 Reader Aids

Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

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80 170 Wednesday, September 2, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0085; Directorate Identifier 2014-NM-078-AD; Amendment 39-18255; AD 2015-17-22] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes. This AD was prompted by reports indicating that certain hinge sleeves on the cowl doors of the thrust reverser units (TRUs) were not heat treated. This AD requires replacing the sleeves of certain hinges on the cowl doors of the TRUs with new parts. We are issuing this AD to prevent, in the event of a fan-blade-off event due to high vibration, in-flight loss of TRU heavy components, which might damage airplane structure or control surfaces and consequently reduce controllability of the airplane.

DATES:

This AD becomes effective October 7, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 7, 2015.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0085 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For Airbus service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. For Aircelle service information identified in this AD, contact Aircelle Customer support Center, BP 50042, 50, rue Pierre Curie, 78371 Plaisir Cedex, France: telephone +33 (0)1 64 14 80 33; fax +33 (0)1 64 14 84 10. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0085.

FOR FURTHER INFORMATION CONTACT:

Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes. The NPRM published in the Federal Register on February 13, 2015 (80 FR 7986).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0062, dated March 11, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes. The MCAI states:

A manufacturing discrepancy (lack of heat treatment) on a batch of the N°3 and N°4 hinge sleeves installed on [a] Thrust Reverser Unit (TRU) was identified. Those parts are only installed on A330 aeroplanes equipped with Rolls-Royce (RR) Trent 700 engines.

This condition, if not corrected, in case of a Fan Blade Off event due to high vibration level, could cause in-flight loss of some heavy components of the TRU, possibly resulting in injury to persons on the ground [or damage to airplane structure or control surfaces, and consequent reduced controllability of the airplane].

As current hinge sleeves are not serialized, it is not possible to identify the TRU hinge sleeves which did not receive the heat treatment. The part supplier has developed an identification procedure for these TRU hinge sleeves in order to identify the affected hinge sleeves, and to allow a better part traceability in the future.

For the reason described above, this [EASA] AD requires identification and replacement of the affected TRU hinge sleeves.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0085-0002.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 7986, February 13, 2015) or on the determination of the cost to the public.

Conclusion

We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (80 FR 7986, February 13, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 7986, February 13, 2015).

Related Service Information Under 1 CFR Part 51

Airbus has issued Service Bulletin A330-78-3021, Revision 03, dated October 15, 2014. Aircelle has issued Service Bulletin 78-AG924, dated September 26, 2012. This service information describes procedures for modifying and marking the sleeves for hinges number 3 and number 4 on the cowl doors of Rolls-Royce Trent 700 engines. This service information 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 of this AD.

Costs of Compliance

We estimate that this AD affects 24 airplanes of U.S. registry.

We also estimate that it will take about 29 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $59,160, or $2,465 per product.

In addition, we estimate that any necessary follow-on action will take up to 1 work-hour and require parts costing $0, for a cost of $85 per product. We have no way of determining the number of aircraft that might need this action.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

1. Is not a “significant regulatory action” under Executive Order 12866;

2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-015-0085; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-17-22 Airbus: Amendment 39-18255. Docket No. FAA-2015-0085; Directorate Identifier 2014-NM-078-AD. (a) Effective Date

This AD becomes effective October 7, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to all Airbus Model A330-243, A330-243F, A330-341, A330-342, and A330-343 airplanes, certificated in any category, all manufacturer serial numbers.

(d) Subject

Air Transport Association (ATA) of America Code 78, Exhaust.

(e) Reason

This AD was prompted by reports indicating that certain hinge sleeves on the cowl doors of the thrust reverser units (TRUs) were not heat treated. We are issuing this AD to prevent, in the event of a fan-blade-off event due to high vibration, in-flight loss of TRU heavy components, which might damage airplane structure or control surfaces and consequently reduce controllability of the airplane.

(f) Compliance

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

(g) Identification of TRU Part Number

Within 12 months after the effective date of this AD: Identify the part number of the TRUs, in accordance with the information in Aircelle Service Bulletin 78-AG924, dated September 26, 2012.

(h) Replacement of TRU Hinge Sleeves

If the results of the part identification required by paragraph (g) of this AD reveal that the TRUs are affected: Within the compliance time defined in paragraph (g) of this AD, replace hinge sleeves numbers 3 and 4 of each TRU cowl door, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-78-3021, Revision 03, dated October 15, 2014.

Note 1 to paragraph (h) of this AD:

Rolls-Royce Alert Service Bulletin RB.211-78-AG924, dated September 26, 2012, is an additional source of guidance for replacing the TRUs and is not incorporated by reference in this AD.

(i) Optional Terminating Action for Paragraphs (g) and (h) of this AD

Modifying an airplane by incorporating Airbus Modification 202463 in production terminates the requirements specified in paragraphs (g) and (h) of this AD for that airplane.

(j) Parts Installation Limitation

As of the effective date of this AD, no person may install a TRU on any airplane unless it has been determined, using Aircelle Service Bulletin 78-AG924, dated September 26, 2012, that the cowl door hinge sleeves installed on the TRU are not affected by the requirements of this AD.

(k) Credit for Previous Actions

This paragraph provides credit for the actions required by paragraph (h) of this AD if those actions were performed before the effective date of this AD using the service information identified in paragraphs (k)(1), (k)(2), or (k)(3) of this AD, which are not incorporated by reference in this AD.

(1) Airbus Service Bulletin A330-78-3021, dated October 17, 2012.

(2) Airbus Service Bulletin A330-78-3021, Revision 01, dated July 30, 2013.

(3) Airbus Service Bulletin A330-78-3021, Revision 02, dated April 17, 2014.

(l) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information may be emailed to: 9-ANM-116-[email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(3) Required for Compliance (RC): Where Airbus Service Bulletin A330-78-3021, Revision 03, dated October 15, 2014, contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures and tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operators' maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in a serviceable condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

(m) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2014-0062, dated March 11, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0085-0002.

(2) Airbus service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(5) of this AD.

(3) Rolls-Royce service information identified in this AD that is not incorporated by reference is available at Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, England; phone: 011-44-1332-242424; fax: 011-244-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://www.aeromanager.com.

(n) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) 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) Airbus Service Bulletin A330-78-3021, Revision 03, dated October 15, 2014.

(ii) Aircelle Service Bulletin 78-AG924, dated September 26, 2012.

(3) For Airbus service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com.

(4) For Aircelle service information identified in this AD, contact Aircelle Customer support Center, BP 50042, 50, rue Pierre Curie, 78371 Plaisir Cedex, France: telephone +33 (0)1 64 14 80 33; fax +33 (0)1 64 14 84 10.

(5) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

(6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Renton, Washington, on August 21, 2015. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-21475 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0680; Directorate Identifier 2014-NM-165-AD; Amendment 39-18236; AD 2015-17-03] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. This AD was prompted by a report of a main landing gear (MLG) parking brake becoming dislodged from its mounting bracket due to an improperly installed quick release pin of the hand pump lever. This AD requires removing the hand pump lever of the parking brake from the right-hand side nacelle. We are issuing this AD to prevent an unsecured lever from migrating from its stowed position, fouling against the MLG, and subsequently puncturing the nacelle structure, which could adversely affect the safe landing of the airplane.

DATES:

This AD becomes effective October 7, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 7, 2015.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0680 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0680.

FOR FURTHER INFORMATION CONTACT:

Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7318; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. The NPRM published in the Federal Register on April 1, 2015 (80 FR 17366).

The Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-18, dated June 19, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. The MCAI states:

There has been one (1) reported in-service incident where the main landing gear (MLG) parking brake hand pump lever was not properly secured in the right-hand (RH) side nacelle and became dislodged from its mounting bracket. During extension of the MLG, the unsecured lever shifted causing a fouling condition with the nacelle and subsequently puncturing the nacelle structure.

An investigation revealed that the safety restraint pin used to securely stow the lever is susceptible to mishandling. An unsecured parking brake hand pump lever could migrate from its stowed position and foul against the MLG, adversely affecting the safe landing of the aeroplane.

This [Canadian] AD mandates the removal of the MLG parking brake hand pump lever from the RH side nacelle.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0680-0002. Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 17366, April 1, 2015) or on the determination of the cost to the public.

Conclusion

We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (80 FR 17366, April 1, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 17366, April 1, 2015).

Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service bulletins.

• Service Bulletin 84-32-99, Revision A, dated October 2, 2012. This service information describes procedures for incorporating ModSum 4-113723 by re-locating the hand pump lever of the parking brake from the right-hand side nacelle to the right-hand side equipment bay.

• Service Bulletin 84-32-118, dated April 8, 2014. This service information describes procedures for incorporating Bombardier ModSum 4-113803 by removing the hand pump lever of the parking brake from the right-hand side nacelle.

This service information 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 of this AD.

Costs of Compliance

We estimate that this AD affects 82 airplanes of U.S. registry.

We also estimate that it will take about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $20,910, or $255 per product.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

1. Is not a “significant regulatory action” under Executive Order 12866;

2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0680; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-17-03 Bombardier, Inc.: Amendment 39-18236. Docket No. FAA-2015-0680; Directorate Identifier 2014-NM-165-AD. (a) Effective Date

This AD becomes effective October 7, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes, certificated in any category, serial numbers (S/N) 4001 through 4419 inclusive.

(d) Subject

Air Transport Association (ATA) of America Code 32, Landing Gear.

(e) Reason

This AD was prompted by a report of a main landing gear (MLG) parking brake becoming dislodged from its mounting bracket due to an improperly installed quick release pin of the hand pump lever. We are issuing this AD to prevent an unsecured lever from migrating from its stowed position, fouling against the MLG, and subsequently puncturing the nacelle structure, which could adversely affect the safe landing of the airplane.

(f) Compliance

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

(g) Incorporation of Modification Summary (ModSum) 4-113803

Within 3,000 flight hours or 18 months after the effective date of this AD, whichever occurs first: Incorporate Bombardier ModSum 4-113803 by removing the hand pump lever of the parking brake from the right-hand side nacelle, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-32-118, dated April 8, 2014.

Note 1 to paragraph (g) of this AD:

Re-installing the hand pump lever of the parking brake to the right-hand side equipment bay (Bombardier ModSum 4-113804) may be done at the operator's discretion.

(h) Optional Installation

Incorporation of ModSum 4-113723 by re-locating the hand pump lever of the parking brake from the right-hand side nacelle to the right-hand side equipment bay, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-32-99, Revision A, dated October 2, 2012, is acceptable for compliance with the modification specified in paragraph (g) of this AD, provided the incorporation of ModSum 4-113723 is done within the compliance time specified in paragraph (g) of this AD.

(i) Credit for Previous Actions

This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-32-99, dated January 26, 2012, which is not incorporated by reference in this AD.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-18, dated June 19, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0680-0002.

(l) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) 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) Bombardier Service Bulletin 84-32-99, Revision A, dated October 2, 2012.

(ii) Bombardier Service Bulletin 84-32-118, dated April 8, 2014.

(3) For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com.

(4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

(5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Renton, Washington, on August 10, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-20583 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0777; Directorate Identifier 2014-NM-088-AD; Amendment 39-18257; AD 2015-17-24] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD was prompted by numerous reports of failures of the proximity sensor within the slat skew detection mechanism assembly (DMA) leading to slats up landing events. This AD requires replacing the slat skew DMAs with new slat skew DMAs, and marking the existing identification plates on the slat with the new part number. We are issuing this AD to prevent failure of the proximity sensor, which could result in the slats being shut down and a slats up high speed landing. This condition, in combination with abnormal landing conditions such as a short runway or adverse weather conditions, could result in a runway excursion.

DATES:

This AD is effective October 7, 2015.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 7, 2015.

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0777.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0777; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Douglas Tsuji, Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-917-6546; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 787-8 airplanes. The NPRM published in the Federal Register on November 28, 2014 (79 FR 70802). The NPRM was prompted by numerous reports of failures of the proximity sensor within the slat skew DMA leading to slats up landing events. The NPRM proposed to require replacing the slat skew DMAs with new slat skew DMAs, and marking the existing identification plates on the slat with the new part number. We are issuing this AD to prevent failure of the proximity sensor, which could result in the slats being shut down and a slats up high speed landing. This condition, in combination with abnormal landing conditions such as a short runway or adverse weather conditions, could result in a runway excursion.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 70802, November 28, 2014) and the FAA's response to each comment.

Support for the NPRM (79 FR 70802, November 28, 2014)

United Airlines (UAL) stated that it supports the NPRM (79 FR 70802, November 28, 2014).

Requests To Correct the Location of the Part Numbers Affected

Boeing and UAL requested a correction of the location of the identified part numbers affected in paragraphs (h)(2) and (h)(3) of the proposed AD (79 FR 70802, November 28, 2014). UAL stated that the part numbers affected in paragraphs (h)(2) and (h)(3) of the proposed AD are the wing leading edge slat assemblies, not the DMA. Boeing also commented that the part numbers are for a complete slat assembly (structure with DMA installed) and not just the DMA.

We agree with the request. The intent of this AD is to prohibit installation of a defective slat skew DMA. Boeing Alert Service Bulletin B787-81205-SB270021-00, Issue 001, dated March 20, 2014, provides instructions to modify the existing slat assembly by replacing the defective slat skew DMA and then marking the existing slat assembly identification plate with a new part number. Therefore, we have revised paragraphs (h)(2) and (h)(3) of this AD to remove the text “slat skew DMA in” and just refer to the existing part numbers of the slat assembly, which contain the defective slat skew DMA.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (79 FR 70802, November 28, 2014) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 70802, November 28, 2014).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Alert Service Bulletin B787-81205-SB270021-00, Issue 001, dated March 20, 2014. The service information describes procedures for replacing the slat skew DMAs with new slat skew DMAs, and marking the existing identification plates on the slat with the new part number. This service information 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 of this AD.

Costs of Compliance

We estimate that this AD affects 15 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Replacement 11 work-hours X $85 per hour = $935 $0 $935 $14,025
    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

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

    Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-17-24 The Boeing Company: Amendment 39-18257 ; Docket No. FAA-2014-0777; Directorate Identifier 2014-NM-088-AD. (a) Effective Date

    This AD is effective October 7, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin B787-81205-SB270021-00, Issue 001, dated March 20, 2014.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by numerous reports of failures of the proximity sensor within the slat skew detection mechanism assembly (DMA) leading to slats up landing events. We are issuing this AD to prevent failure of the proximity sensor, which could result in the slats being shut down and a slats up high speed landing. This condition, in combination with abnormal landing conditions such as a short runway or adverse weather conditions, could result in a runway excursion.

    (f) Compliance

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

    (g) Replacement

    Within 24 months after the effective date of this AD: Replace the slat skew DMAs in slat number 5 and slat number 8 with new slat skew DMAs, and mark the existing identification plates on the slat with the new part number, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin B787-81205-SB270021-00, Issue 001, dated March 20, 2014.

    (h) Parts Installation Prohibitions

    (1) As of the effective date of this AD, no person may install a slat skew DMA, part number P683A0001-03, on any airplane.

    (2) As of the effective date of this AD, no person may install on any airplane, a slat assembly number 5, having part number 145Z0201-11-8, 145Z0201-21-4, 145Z0201-21-3, 145Z0201-21-5, 145Z0201-21-8, 145Z0201-21-9, 145Z0201-31-1, or 145Z0201-33-1.

    (3) As of the effective date of this AD, no person may install on any airplane, a slat assembly number 8, having part number 145Z0201-12-8, 145Z0201-22-4, 145Z0201-22-3, 145Z0201-22-5, 145Z0201-22-8, 145Z0201-22-9, 145Z0201-32-1, or 145Z0201-34-1.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: [email protected]

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (j) Related Information

    For more information about this AD, contact Douglas Tsuji, Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-917-6546; fax: 425-917-6590; email: [email protected]

    (k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 the AD specifies otherwise.

    (i) Boeing Alert Service Bulletin B787-81205-SB270021-00, Issue 001, dated March 20, 2014.

    (ii) Reserved.

    (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

    (4) You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 21, 2015. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21474 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0779; Directorate Identifier 2014-NM-052-AD; Amendment 39-18260; AD 2015-18-02] RIN 2120-AA64 Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. This AD requires replacing the center wing box (CWB) and certain outer wings. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the CWB and outer wings are subject to widespread fatigue damage (WFD). We are issuing this AD to prevent fatigue cracking of the outer wings and the lower surface of the CWB, which could result in reduced structural integrity of the airplane.

    DATES:

    This AD is effective September 17, 2015.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 17, 2015.

    We must receive comments on this AD by October 19, 2015.

    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 http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-493-2251.

    Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this AD, contact Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb Drive, Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445; email [email protected]; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0779.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0779; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Carl Gray, Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax: 404-474-5605; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued two notices of proposed rulemaking (NPRMs) to amend 14 CFR part 39 by adding ADs that would apply to all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. The NPRMs were prompted by an evaluation by the design approval holder (DAH) indicating that certain structure is subject to widespread fatigue damage (WFD). We proposed the NPRMs to address fatigue cracking that could result in reduced structural integrity of the airplane.

    One NPRM (Directorate Identifier 2013-NM-218-AD, Docket No. FAA-2014-0427), published in the Federal Register on July 1, 2014 (79 FR 37248), was prompted by the determination that the CWB is subject to WFD. This NPRM proposed to require repetitive inspections and corrective actions for damage of the lower surface of the center wing box; and replacement of the center wing box, which would terminate the repetitive inspections.

    The other NPRM (Directorate Identifier 2014-NM-052-AD, Docket No. FAA-2014-0779) is the subject of this AD. This NPRM, published in the Federal Register on December 1, 2014 (79 FR 71033), was prompted by the determination that the outer wings are subject to WFD. This NPRM proposed to require replacing certain outer wings with new or certain serviceable outer wings.

    Actions Since Previous Rulemaking

    We have subsequently determined that the proposed compliance time for replacing the CWB and outer wings would not adequately address the unsafe condition. The risk of undetected WFD rises rapidly for certain outer wings that have accumulated 30,000 total flight hours and for CWBs that have accumulated 50,000 total flight hours.

    Lockheed, commenting on the NPRMs for Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014) and Directorate Identifier 2014-NM-052-AD (79 FR 71033, December 1, 2014), also considered the proposed grace periods (24 months and 30 months, respectively) for replacing the CWBs and outer wings inappropriate in relation to the probable risk of the unsafe condition. Based on its engineering analysis, Lockheed concluded that the most prudent way to ensure fleet safety would be to ground affected Model 382 airplanes until over-threshold CWBs and outer wings are replaced.

    Therefore, in light of the urgency of the unsafe condition identified in this AD, we have determined that the unsafe condition associated with both NPRMs—Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014) and Directorate Identifier 2014-NM-052-AD (79 FR 71033, December 1, 2014)—necessitates the immediate adoption of this AD. We have revised both AD actions as follows:

    • For the AD action related to Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014): We are considering issuing the final rule without the requirement to replace the CWB.

    • For this AD: We have added a requirement to replace the CWB, with a shorter grace period (for airplanes over the 50,000-flight-hour threshold) than was provided in the NPRM for Directorate Identifier 2013-NM-218-AD (79 FR 38249, July 1, 2014). And, for the outer wing replacement, this AD provides a shorter grace period (for airplanes over the 30,000-flight-hour threshold) than was provided in the NPRM for this AD. This AD therefore requires replacement of both the CWB and outer wings.

    Comments on NPRM for Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014)

    Other commenters had expressed concern about the urgency of the unsafe condition and the compliance times for the CWB replacement proposed in the NPRM for Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014). The following presents the comments that are related to the proposed CWB replacement requirement (which has been moved to this final rule) and the FAA's response to those comments.

    Requests To Revise Compliance Time for CWB Replacement

    Lockheed requested that we remove the grace period from the NPRM (79 FR 37248, July 1, 2014) so that any airplane with a CWB that has accumulated over 50,000 total flight hours would be grounded until the CWB is replaced. Lockheed stated the level of risk rises rapidly beyond 50,000 total flight hours due to increasing probabilities of the presence of undetected WFD.

    Lynden Air Cargo (Lynden) suggested a sliding scale of compliance times, based on time accumulated on the CWB, instead of the proposed compliance time, with the highest-risk CWBs to be removed from service earliest.

    Safair questioned the two-year grace period in light of the safety concern associated with this final rule. The commenter stated that the compliance time, which appears to allow the DAH time to manufacture new wings, appears to be commercially driven. Safair added that the DAH, which has considered the unsafe condition associated with this AD to be a significant safety risk, has strongly advised operators to ground airplanes with center wings having more than 50,000 total flight hours.

    As explained previously under “Actions Since Previous Rulemaking,” we have determined that the proposed compliance time for replacing the CWB would not adequately address the unsafe condition. Therefore, we have shortened the proposed grace period for the CWB replacement, in paragraph (k)(2) of this AD, to 30 days or 50 flight hours (whichever occurs later) for any CWB that has accumulated 50,000 or more total flight hours.

    Request To Revise Applicability

    Lynden questioned whether the FAA considered the safety risk factor for “restricted category type certificated Model C-130A through H airplanes” and whether those airplanes should be included in the applicability.

    We did consider the safety risk factor for Model C-130 airplanes. We issued restricted-category type certificates only for Model C-130A and C-130B airplanes, and these are low-usage airplanes. The wings on Model C-130A airplanes are different from those of other models. In addition, the CWBs have previously been replaced on all Model C-130A airplanes. There are no civil-registered Model C-130B airplanes in service. We have not changed this AD in this regard. However, we might consider further rulemaking for Model C-130 airplanes.

    Request To Allow Use of Certain Other Service Information

    Lynden requested that we revise the NPRM (79 FR 37248, July 1, 2014), for the CWB replacement requirement, to allow use of Lockheed Service Bulletin 382-57-90, dated November 5, 2010, which is specific to Lynden's fleet. Lynden explained that Lockheed Service Bulletin 382-57-90, dated November 5, 2010, includes all the detailed installation procedures, whereas Lockheed Service Bulletin 382-57-94, dated December 3, 2013, is more generic and could involve additional nonrecurring engineering and possible alternative methods of compliance (AMOCs) for each specific CWB variant to accommodate production changes and individual airplane peculiarities. Lynden explained that those differences have already been addressed in Lockheed Service Bulletin 382-57-90, dated November 5, 2010.

    We agree with the commenter's request, for the reasons provided by the commenter. We have included the requested provision in paragraph (l) of this AD.

    Request To Revise Cost Estimates

    Safair requested that we revise the CWB replacement costs provided in the NPRM for Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014). The commenter stated that he was “unable to achieve this level of pricing” from Lockheed, and estimated that the replacement would take 15,000 work-hours, at $8.25 million per airplane.

    We do not agree to revise the per-airplane cost estimate. We have received no revised cost information from Lockheed. The cost estimates provided in this final rule are also based on costs provided by operators that have already replaced their CWBs. We have not changed this final rule regarding this issue.

    Statement Regarding Impact on Small Entities

    Safair questioned the statement in the NPRM (79 FR 37248, July 1, 2014) that the AD “[w]ill not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.” The commenter stated that the NPRM will have a significant impact on aid and relief efforts in the Third World where the Lockheed Model 382 is a significant contributor to food and aid distribution. This impact on the cost per flight hour will result in less aid delivered.

    As specified under the Regulatory Findings section, this AD does have a significant economic impact on small entities, based on the Initial Regulatory Flexibility Analysis included in the NPRM for Directorate Identifier 2014-NM-052-AD (79 FR 71033, December 1, 2014). However, the FAA has not prepared a regulatory flexibility analysis for this AD. In accordance with § 603(a) of the Regulatory Flexibility Act, such analyses are required only for rules for which a notice of proposed rulemaking is required by 5 U.S.C. 553. Because of the urgency of this action, as discussed later in this preamble, we find that notice and comment procedures are not required for this rulemaking.

    Request To Allow Replacement With Serviceable CWB

    Safair requested that we revise the NPRM (79 FR 37248, July 1, 2014) to allow replacement of the CWB with a serviceable CWB that has accumulated less than 50,000 total flight hours, or that has more than 25,000 flight hours of usage remaining. The commenter noted that operators have acquired pre-owned center wings in anticipation of this NPRM.

    We partially agree with the request. The service information for the CWB replacement (Lockheed Service Bulletins 382-57-94, dated December 3, 2013; and 382-57-90, dated November 5, 2010); provides procedures for installing only a CWB that is new. Replacement with anything other than a new CWB would therefore require using a method specific to each airplane and approved by the FAA. Paragraph (j)(1) of this AD specifies replacement with a new CWB using the specified service information, and paragraph (j)(2) of this AD specifies replacement with a serviceable CWB using a method approved by the FAA.

    Request To Provide Credit for Previous CWB Replacement

    Safair requested that CWBs replaced before the release of Lockheed Service Bulletin 382-57-94, dated December 3, 2013, be excluded from the CWB replacement requirement. Safair stated that Lockheed has replaced CWBs on civil airplanes using alternative processes since the 1970s—before the release of Lockheed Service Bulletin 382-57-94, dated December 3, 2013. Safair explained that the industry supporting the military fleet of Model C-130 airplanes has significant experience and exposure to center wing replacements via other means, and should be credited for the experience and ability to develop sound processes.

    We disagree with the request to exclude those airplanes with previously replaced CWBs. Any replacement CWB that reaches 50,000 total flight hours before the airplane reaches its limit of validity (LOV) of 75,000 total flight hours would need to be replaced again. As explained previously, paragraph (j)(2) of this AD allows replacement of the CWB with a serviceable CWB using a method approved by the FAA. This AD is based on the life of the CWB. If it can be shown that the CWB on the airplane has accumulated less than 50,000 total flight hours, then there is no need to replace the CWB until that wing reaches 50,000 total flight hours. We have not changed this final rule regarding this issue.

    Additional Change to NPRM for Directorate Identifier 2014-NM-052-AD (79 FR 71033, December 1, 2014)

    Paragraph (i) of the NPRM (79 FR 71033, December 1, 2014) provided certain instructions for wings with previous military usage. We have revised this wording in this AD to clarify the instructions for contacting the FAA.

    Other Relevant Rulemaking

    The information in this section is restated (with minor editorial changes) from the NPRM for Directorate Identifier 2013-NM-218-AD (79 FR 37248, July 1, 2014) regarding the requirement to replace the CWBs. Replacement of the CWBs, as required by this AD, affects the requirements of certain other ADs:

    • AD 2011-09-04, Amendment 39-16666 (76 FR 28626, May 18, 2011), requires repetitive inspections for any damage to the lower surface of the CWB, and corrective actions if necessary. AD 2011-09-04 was issued to detect and correct fatigue cracks of the lower surface of the CWB, which could result in the structural failure of the wings.

    • AD 2011-15-02, Amendment 39-16749 (76 FR 41647, July 15, 2011), superseded AD 2008-20-01, Amendment 39-15680 (73 FR 56464, September 29, 2008). AD 2011-15-02 requires revising the maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy the requirements of Special Federal Aviation Regulation (SFAR) No. 88 (“SFAR 88,” Amendment 21-78, and subsequent Amendments 21-82 (67 FR 57490, September 10, 2002) and 21-83 (67 FR 72830, December 9, 2002)), which is part of a regulation titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction, and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). AD 2011-15-02 also continues to require accomplishing certain fuel system modifications, initial inspections of certain repetitive fuel system limitations to phase in those inspections, and repair if necessary. AD 2011-15-02 corrects certain part number references, adds an additional inspection area and, for certain airplanes, requires certain actions to be reaccomplished according to revised service information. AD 2011-15-02 was issued to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

    • AD 2012-06-09, Amendment 39-16990 (77 FR 21404, April 10, 2012), requires revising the maintenance/inspection program to include inspections that will give no less than the required damage tolerance analysis for each principal structural element (PSE), doing repetitive inspections to detect cracks of all PSEs, and repairing cracked structure. We issued AD 2012-06-09 to maintain the continued structural integrity of the fleet.

    • AD 2015-05-08, Amendment 39-18118 (80 FR 14805, March 20, 2015), requires repetitive inspections of the upper and lower rainbow fittings on the outer wing to detect cracks propagating from fasteners attaching the fittings to skin panels, and related investigative and corrective actions if necessary; and replacement of the upper and lower rainbow fittings on the outer wing. We issued AD 2015-05-08 to prevent fatigue cracking of the upper and lower rainbow fittings on the outer wing and skin-panel-to-fitting fastener holes, which could result in reduced structural integrity of the airplane and possible separation of the wing from the airplane.

    • AD 2015-06-08, Amendment 39-18126 (80 FR 19013, April 9, 2015), requires repetitive eddy current inspections to detect cracks in the center wing upper and lower rainbow fittings, and corrective actions if necessary; and repetitive replacements of rainbow fittings, which would extend the repetitive interval for the next inspection. We issued this AD to detect and correct fatigue cracks, which could grow large and lead to the failure of the fitting and a catastrophic failure of the center wing.

    FAA's Determination

    We are issuing this AD because we evaluated all the relevant information and determined that the unsafe condition described previously is likely to exist or develop in other products of the same type design.

    AD Requirements

    This AD requires replacing the CWB and certain outer wings.

    FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because fatigue cracking of the outer wing and the lower surface of the CWB could result in reduced structural integrity of the airplane. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days.

    Explanation of Compliance Time

    The compliance times for the replacements required by this AD for addressing WFD were established to ensure that discrepant structure is replaced before WFD develops in airplanes. Standard inspection techniques cannot be relied on to detect WFD before it becomes a hazard to flight. We will not grant any extensions of the compliance time to complete any AD-mandated service bulletin related to WFD without extensive new data that would substantiate and clearly warrant such an extension.

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2014-0779 and Directorate Identifier 2014-NM-052-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

    Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.

    • Lockheed Martin Aeronautics Company Service Bulletin 382-57-90, dated November 5, 2010, which describes procedures for replacing the CWB with a new CWB.

    • Lockheed Martin Aeronautics Company Service Bulletin 382-57-94, dated December 3, 2013, which also describes procedures for replacing the CWB with a new CWB.

    • Lockheed Martin Aeronautics Company Service Bulletin 382-57-96, dated December 16, 2013, which describes procedures for replacing certain outer wings with new or certain serviceable outer wings.

    This service information 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 of this AD.

    Costs of Compliance

    We estimate that this AD affects 20 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    CWB replacement 4,800 work-hours × $85 per hour = $408,000 $5,000,000 $5,408,000 $108,160,000 Outer wing replacement 1,500 work-hours × 85 per hour = 127,500 8,000,000 8,127,500 162,550,000
    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

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

    Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-18-02 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company: Amendment 39-18260; Docket No. FAA-2014-0779; Directorate Identifier 2014-NM-052-AD. (a) Effective Date

    This AD is effective September 17, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

    (e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the outer wings and center wing box (CWB) are subject to widespread fatigue damage (WFD). We are issuing this AD to prevent fatigue cracking of the outer wings and the lower surface of the CWB, which could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Outer Wing Replacement

    For airplanes with outer wings having serial numbers (S/Ns) 3946 through 4541 inclusive, or manufacturing end product (MEP) replacement outer wings 14Y series having part numbers (P/Ns) 388021-9/-10: At the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD, except as specified in paragraph (i) of this AD, replace each outer wing with a replacement wing specified in paragraph (h) of this AD, in accordance with the Accomplishment Instructions of Lockheed Service Bulletin 382-57-96, dated December 16, 2013.

    (1) Before the outer wing accumulates 30,000 total flight hours.

    (2) Within 30 days or 50 flight hours after the effective date of this AD, whichever occurs later.

    (h) Acceptable Replacement Outer Wings

    (1) Outer wings having S/Ns 3946 through 4541 inclusive, and MEP replacement outer wings 14Y series having P/Ns 388021-9/-10, are acceptable for the outer wing replacement required by paragraph (g) of this AD, provided that the replacement outer wing has accumulated less than 30,000 total flight hours. The replacement outer wing must be replaced before it accumulates 30,000 total flight hours, as required by paragraph (g) of this AD. Lockheed Service Bulletin 382-57-96, dated December 16, 2013, describes an option to salvage certain system components when replacing an outer wing. If salvaged components are used in a replacement wing, an operator may need to comply with the following:

    (i) AD 2011-09-04, Amendment 39-16666 (76 FR 28626, May 18, 2011);

    (ii) AD 2011-15-02, Amendment 39-16749 (76 FR 41647, July 15, 2011);

    (iii) AD 2012-06-09, Amendment 39-16990 (77 FR 21404, April 10, 2012);

    (iv) AD 2015-05-08, Amendment 39-18118 (80 FR 14805, March 20, 2015); and

    (v) AD 2015-06-08, Amendment 39-18126 (80 FR 19013, April 9, 2015).

    (2) Outer wings having S/Ns 4542 and subsequent, and MEP replacement outer wings except for 14Y series having P/Ns 388021-9/-10, that have accumulated less than 75,000 total flight hours, are acceptable for the outer wing replacement required by paragraph (g) of this AD.

    (i) Wings With Previous Military Usage

    For airplanes that have any outer wing with previous military usage: Within 30 days after the effective date of this AD, contact the Manager, Atlanta Aircraft Certification Office (ACO), FAA, to determine a compliance time for accomplishing the actions required by paragraph (g) of this AD, by using a method approved in accordance with the procedures specified in paragraph (n) of this AD.

    (j) CWB Replacement

    At the applicable time specified in paragraphs (k)(1) and (k)(2) of this AD: Replace the CWB, as specified in paragraph (j)(1) or (j)(2) of this AD.

    (1) Replace the CWB with a new CWB, in accordance with the Accomplishment Instructions of Lockheed Service Bulletin 382-57-94, dated December 3, 2013. Although a note in the Accomplishment Instructions of Lockheed Service Bulletin 382-57-94, dated December 3, 2013, instructs operators to contact Lockheed if any assistance is needed in accomplishing the actions specified in the service information, any deviation from the instructions provided in the service information must be approved in accordance with the procedures specified in paragraph (n) of this AD.

    (2) Replace the CWB with a serviceable CWB using a method approved in accordance with the procedures specified in paragraph (n) of this AD.

    (k) Compliance Time for CWB Replacement

    Replace the CWB at the later of the times specified in paragraphs (k)(1) and (k)(2) of this AD.

    (1) Before the CWB accumulates 50,000 total flight hours.

    (2) Within 30 days or 50 flight hours after the effective date of this AD, whichever occurs later.

    (l) Alternative Service Information for CWB Replacement

    For airplanes identified in Lockheed Service Bulletin 382-57-90, dated November 5, 2010: Replacement of the CWB with a new CWB, in accordance with the Accomplishment Instructions of Lockheed Service Bulletin 382-57-90, dated November 5, 2010, is acceptable for compliance with the requirements of paragraph (j) of this AD.

    (m) Terminating Action for AD 2011-09-04, Amendment 39-16666 (76 FR 28626, May 18, 2011)

    Replacement of the CWB as required by paragraph (j) of this AD terminates the inspections required by AD 2011-09-04, Amendment 39-16666 (76 FR 28626, May 18, 2011), for that CWB.

    (n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (o) of this AD.

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) As of the effective date of this AD, an AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by a Delegated Engineering Representative (DER) for the Lockheed Martin Aeronautics Company who has been authorized by the Manager, Atlanta ACO, to make those findings. For a repair method to be approved, the repair approval must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (o) Related Information

    For more information about this AD, contact Carl Gray, Aerospace Engineer, Airframe Branch, ACE-117A, Atlanta ACO, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-5554; fax: 404-474-5605; email: carl.[email protected]

    (p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 the AD specifies otherwise.

    (i) Lockheed Martin Aeronautics Company Service Bulletin 382-57-90, dated November 5, 2010.

    (ii) Lockheed Martin Aeronautics Company Service Bulletin 382-57-94, dated December 3, 2013.

    (iii) Lockheed Martin Aeronautics Company Service Bulletin 382-57-96, dated December 16, 2013.

    (3) For service information identified in this AD, contact Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb Drive, Marietta, GA 30063; telephone 770-494-5444; fax 770-494-5445; email [email protected]; Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html.

    (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 21, 2015. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21465 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3656; Directorate Identifier 2015-CE-027-AD; Amendment 39-18259; AD 2015-18-01] RIN 2120-AA64 Airworthiness Directives; Vulcanair S.p.A. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Vulcanair S.p.A. Model P.68R airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a discrepancy in the climb performance reported in the airplane flight manual and in the actual performance of the airplane. We are issuing this AD to require actions to address the unsafe condition on these products.

    DATES:

    This AD is effective September 22, 2015.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 22, 2015.

    We must receive comments on this AD by October 19, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

    • Fax: (202) 493-2251.

    • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    • Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this AD, contact Vulcanair S.p.A., Via Giovanni Pascoli 80026 Casoria NA Italy; telephone: +39 081 5918111; fax: +39 081 5918172; Internet: http://www.vulcanair.com/technical-support; email: [email protected] You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2015-3656.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3656; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2015-0145, dated July 21, 2015 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    During a recent flight test campaign to evaluate the performance and handling characteristics of a P.68R aeroplane in support of an STC application, differences were noticed between the climb performance reported in the applicable Aircraft Flight Manual (AFM) and the performance demonstrated during those tests.

    Prompted by these findings, further flight tests performed by Vulcanair confirmed that the All Engines Operative (AEO) rate of climb (ROC) performance, as published in the current revision of the applicable AFMs, is incorrect.

    This condition, if not corrected, could lead to over-estimation of AEO ROC, possibly resulting in impact with terrain or obstacle due to erroneous evaluation of aeroplane climb performance.

    To address this potential unsafe condition, Vulcanair S.p.A. revised the applicable AFMs, informing operators with Service Bulletin (SB) No. 244.

    For the reason described above, this AD requires revising applicable AFM.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3656.

    Relevant Service Information Under 1 CFR Part 51

    Vulcanair S.p.A. has issued Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, dated April 24, 2015. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. The service information describes procedures for replacing the applicable airplane flight manual with its latest revision including the changes related to the airplane's rate of climb performance.

    Pages 5-1 through 5-34, in Section 5, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013 and pages 1 through 42, in Supplement F, in Section 8, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013, detailing changes related to the airplane's rate of climb performance, are the applicable airplane flight manual latest revision replacement pages required by Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, dated April 24, 2015.

    This service information 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 of this AD.

    FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

    FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because differences have been found between the climb performance reported in the applicable aircraft flight manual (AFM) and the performance demonstrated during test flights. This condition, if not corrected, could result in over-estimation of the airplane's rate of climb, resulting in impact with obstructions or terrain. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-3656; Directorate Identifier 2015-CE-027-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

    Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.

    Based on these figures, we estimate the cost of the AD on U.S. operators to be $85, or $85 per product.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

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

    Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: 2015-18-01 Vulcanair S.p.A.: Amendment 39-18259; Docket No. FAA-2015-3656; Directorate Identifier 2015-CE-027-AD. (a) Effective Date

    This airworthiness directive (AD) becomes effective September 22, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Vulcanair S.p.A. Models P.68R airplanes, serial numbers 458/R and subsequent, certificated in any category.

    (d) Subject

    Air Transport Association of America (ATA) Code 34: Navigation.

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a discrepancy in the climb performance reported in the airplane flight manual (AFM) and/or pilots operating handbook (POH) in the actual performance of the airplane. We are issuing this AD to correct the AFM by inserting the proper climb performance data into the manual, which if not corrected could result in over-estimation of the airplane's rate of climb, resulting in impact with obstructions or terrain.

    (f) Actions and Compliance

    Unless already done, within 30 days after the effective date of this AD, insert pages 5-1 through 5-34, into Section 5, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013; and pages 1 through 42, into Supplement F, in Section 8, Revision 27; dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013, following the instructions in Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, dated April 24, 2015.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

    (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2015-0145, dated July 21, 2015, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3656.

    (i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 the AD specifies otherwise.

    (i) Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, dated April 24, 2015.

    (ii) Pages 5-1 through 5-34, in Section 5, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013.

    (iii) Pages 1 through 42, in Supplement F, in Section 8, Revision 27; dated April 23, 2015; of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013.

    (3) For Vulcanair service information identified in this AD, contact Vulcanair S.p.A., Via Giovanni Pascoli 80026 Casoria NA Italy; telephone: +39 081 5918111; fax: +39 081 5918172; Internet: http://www.vulcanair.com/technical-support; email: [email protected]

    (4) You may view this service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2015-3656.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on August 21, 2015. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21444 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0523; Directorate Identifier 2014-NM-050-AD; Amendment 39-18246; AD 2015-17-13] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777-200 and -300 series airplanes equipped with Pratt and Whitney engines. This AD was prompted by reports of blocked drain lines at the engine forward strut that caused flammable fluid to accumulate in a flammable leakage zone. This AD requires repetitive functional checks for blockage of the forward strut drain line and doing corrective actions if necessary, and a one-time cleaning of certain forward strut drain lines. This AD also provides an optional replacement of the drain lines and installation of insulation blankets, and a revision of the maintenance or inspection program, as applicable, to incorporate a certain airworthiness limitation, which would terminate the repetitive checks of the forward strut drain line. We are issuing this AD to detect and correct blockage of forward strut drain lines, which could cause flammable fluids to collect in the forward strut area and potentially cause an uncontrolled fire or cause failure of engine attachment structure and consequent airplane loss.

    DATES:

    This AD is effective October 7, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 7, 2015.

    ADDRESSES:

    For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0523.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0523; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 777-200 and -300 series airplanes equipped with Pratt and Whitney engines. The NPRM published in the Federal Register on August 7, 2014 (79 FR 46201). The NPRM was prompted by reports of blocked drain lines at the engine forward strut that caused flammable fluid to accumulate in a flammable leakage zone. The NPRM proposed to require repetitive functional checks for blockage of the forward strut drain line and doing corrective actions (including cleaning or replacing any blocked drain lines) if necessary, and a one-time cleaning of certain forward strut drain lines. We are issuing this AD to detect and correct blockage of forward strut drain lines, which could cause flammable fluids to collect in the forward strut area and potentially cause an uncontrolled fire or cause failure of engine attachment structure and consequent airplane loss.

    This AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (l) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane.

    Related Rulemaking

    On September 23, 2014, we issued AD 2014-20-10, Amendment 39-17983 (79 FR 60331, October 7, 2014), for certain The Boeing Company Model 777-200 and -300 series airplanes. AD 2014-20-10 superseded AD 2013-11-14, Amendment 39-17474 (78 FR 35749, June 14, 2013). AD 2014-20-10 currently requires repetitive general visual inspections of the strut forward dry bay for the presence of hydraulic fluid, and related investigative and corrective actions (including checking drain lines for blockage due to hydraulic fluid coking; cleaning or replacing drain lines to allow drainage) if necessary; and adds airplanes to the applicability. AD 2014-20-10 was prompted by reports of hydraulic fluid contamination (including contamination caused by hydraulic fluid in its liquid, vapor, and/or solid (coked) form) found in the strut forward dry bay. The actions required by 2014-20-10 are intended to detect and correct hydraulic fluid contamination of the strut forward dry bay, which could result in hydrogen embrittlement of the titanium forward engine mount bulkhead fittings, and consequent inability of the fittings to carry engine loads and resulting in engine separation. Hydrogen embrittlement also could cause a through-crack formation across the fittings through which an engine fire could breach into the strut, resulting in an uncontained strut fire.

    On December 22, 2014, we issued AD 2015-01-01, Amendment 39-18062 (80 FR 3158, January 22, 2015) for certain The Boeing Company Model 777-200 and -300 series airplanes. AD 2015-01-01 superseded AD 2011-09-11, Amendment 39-16673 (76 FR 24354, May 2, 2011). AD 2015-01-01 currently requires repetitive inspections for hydraulic fluid contamination of the interior of the strut disconnect assembly; repetitive inspections for discrepancies of the interior of the strut disconnect assembly, if necessary; repetitive inspections of the exterior of the strut disconnect assembly for cracks, if necessary; and corrective action if necessary. AD 2015-01-01 also provides an optional terminating action for the inspections and adds, for certain airplanes, an inspection of the side and top cover plates to determine if all cover plate attach fasteners have been installed, installing any missing fasteners including doing an inspection for damage, and repair if necessary.

    AD 2015-01-01, Amendment 39-18062 (80 FR 3158, January 22, 2015) was prompted by reports of side and top cover plates installed with missing fastener bolts, which could result in an unsealed opening on the system disconnect assembly. The actions required by AD 2015-01-01 are intended to detect and correct hydraulic fluid contamination, which could cause cracking of titanium parts in the system disconnect assembly. The actions of 2015-01-01 are also intended to detect and correct missing fasteners, which could result in unsealed openings on the system disconnect assembly. Both unsafe conditions can compromise the engine firewall and result in fire hazards for both the engine compartment and the strut.

    Comments

    We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 46201, August 7, 2014) and the FAA's response to each comment.

    Request To Add Service Information as Optional Terminating Action

    Boeing and Japan Airlines (JAL) requested that we add Boeing Special Attention Service Bulletin 777-71-0055, dated June 12, 2014, as a terminating action to the NPRM (79 FR 46201, August 7, 2014). Boeing specifically requested that this service information be added in the Supplementary Information—Interim Action section and as a second paragraph to paragraph (i) of the NPRM. Boeing requested that paragraph (i) of the NPRM state that accomplishment of Boeing Special Attention Service Bulletin 777-71-0055, dated June 12, 2014, terminates the requirements of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, and is an alternative means of compliance with this AD.

    We agree. Boeing Special Attention Service Bulletin 777-71-0055, dated June 12, 2014, which has since been revised as Revision 1, dated April 15, 2015, describes procedures that address the identified unsafe condition. These procedures include removing the forward strut drain lines; cleaning the left systems disconnect, strut forward lower spar, and forward fireseal pan drain lines; installing new forward strut drain lines and insulation blankets; and doing a functional leak check of the forward strut drain lines, and repair if any leaking is found.

    We have added new paragraph (i) to this AD to provide optional terminating action and redesignated subsequent paragraphs accordingly. Paragraph (i) of this AD states that accomplishment of Boeing Special Attention Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015, along with a revision of the maintenance or inspection program, as applicable, to incorporate a certain airworthiness limitation, terminates the requirements of paragraph (g)(1) of this AD at the modified area only.

    We have also added new paragraph (j) of this AD to specify that no alternative actions or intervals may be used after incorporating the airworthiness limitation unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l) of this AD. We redesignated subsequent paragraphs accordingly.

    We have also added new paragraph (k) to this AD to give credit for actions required by paragraph (i) of this AD, if those actions were performed before the effective date of this AD using Boeing Special Attention Service Bulletin 777-71-0055, dated June 12, 2014. We redesignated subsequent paragraphs accordingly.

    In addition, we updated the “Interim Action” paragraph in the SUPPLEMENTARY INFORMATION section of the preamble of this final rule accordingly.

    Request To Remove Requirement To Clean Forward Strut Drain Line

    All Nippon Airways (ANA) requested that we revise the NPRM (79 FR 46201, August 7, 2014) to remove the phrase “clean the forward strut drain line” from paragraph (g)(1) of the NPRM. ANA stated that cleaning the forward strut drain line is not required if part 1, condition 1, in paragraph 3.B “Work Instructions,” of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, is met.

    We agree because condition 1 is met when 354 or more ounces of water are collected within 2 minutes after the start of pouring water for the functional check of the forward strut drain line. Cleaning the blocked drain line is part of the corrective actions in condition 2 as specified in Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013. This change does not compromise safety or the intent of the AD, therefore, we have removed the phrase “clean the forward strut drain line,” from paragraph (g)(1) of this final rule.

    Request To Allow Alternate Tee Fitting Part Numbers

    ANA requested the NPRM (79 FR 46201, August 7, 2014) include three part numbers of the tee fitting. ANA indicated that paragraph 2.C., of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, states BACT16BR120612J tee fitting is required if replacement is necessary. ANA stated tee fittings having part numbers BACT16BR120612J, BACT16BR120612JN, and AS4139J120612 may be used according to a Boeing product standard parts list.

    We agree because the tee fitting part number BACT16BR120612J listed in Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, is obsolete. We have added text to paragraph (g)(1) of this AD to allow alternate tee fitting part numbers BACT16BR120612JN and AS4139J120612, as long as the installation of the forward strut drain lines is accomplished in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013.

    Conclusion

    We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

    • Αre consistent with the intent that was proposed in the NPRM (79 FR 46201, August 7, 2014) for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 46201, August 7, 2014).

    We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

    Interim Action

    We consider this AD interim action. The manufacturer has issued Boeing Special Attention Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015, which describes a modification that addresses the unsafe condition identified in this AD. This service information is an optional action in this AD. If final action is later identified, we might consider further rulemaking.

    Related Service Information Under 1 CFR Part 51

    We reviewed the following Boeing service information.

    • Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013. The service information describes procedures for doing a functional check for blockage of the forward strut drain lines and corrective actions.

    • Boeing Special Attention Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015. This service information describes procedures for replacing the forward strut drain lines and adding insulation blankets.

    • Airworthiness Limitation 54-AWL-01, “Forward Strut Drain Line,” Section D.4, Pratt and Whitney Forward Strut Drain Line, of the Boeing 777 Maintenance Planning Data (MPD) Document Section 9, Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D622W001-9, Revision October 2014. This service information describes an airworthiness limitation task for the functional check of the forward strut drain line.

    This service information 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 of this AD.

    Costs of Compliance

    We estimate that this AD affects 54 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs: Required Actions Action Labor cost Parts cost Cost per product Cost on U.S. operators Repetitive functional checks of 2 struts per inspection cycle 9 work-hours × $85 per hour = $765 per inspection cycle $0 $765 per inspection cycle $41,310 per inspection cycle. One-time cleaning 13 work-hours × $85 per hour = $1,105 0 1,105 59,670.

    We estimate the following costs to do any necessary repairs or replacements that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these replacements:

    On-condition Costs Action Labor cost Parts cost Cost per product Repair drain tube assemblies in up to 2 struts Up to 5 work-hours × $85 per hour = $425 $0 Up to $425. Replace drain tube assemblies in up to 2 struts Up to 5 work-hours × $85 per hour = $425 Up to $4,484 Up to $4,909.

    According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

    Estimated Costs: Optional Actions Action Labor Cost Parts Cost Cost per
  • product
  • Removal of drain tube assemblies 1 work-hour × $85 per hour = $85 $0 $85 Cleaning of drain lines 6 work-hours × $85 per hour = $510 $0 $510 Installation of new drain lines and insulation blankets 2 work-hours × $85 per hour = $170 $17,250 $17,420 Leak check of drain lines 1 work-hour × $85 per hour = $85 $0 $85 Revision of maintenance or inspection program 1 work-hour × $85 per hour = $85 $0 $85
    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

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

    Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-17-13 The Boeing Company: Amendment 39-18246 ; Docket No. FAA-2014-0523; Directorate Identifier 2014-NM-050-AD. (a) Effective Date

    This AD is effective October 7, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300 series airplanes, certificated in any category, equipped with Pratt & Whitney engines, as identified in Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013.

    (d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/pylons.

    (e) Unsafe Condition

    This AD was prompted by reports of blocked drain lines at the engine forward strut that caused flammable fluid to accumulate in a flammable leakage zone. We are proposing this AD to detect and correct blockage of forward strut drain lines, which could cause flammable fluids to collect in the forward strut area and potentially cause an uncontrolled fire or cause failure of engine attachment structure and consequent airplane loss.

    (f) Compliance

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

    (g) Functional Check, Cleaning, and Corrective Actions

    At the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, except as provided by paragraph (h) of this AD, do the actions specified in paragraphs (g)(1) and (g)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013. Repeat the functional check required by paragraph (g)(1) of this AD, thereafter at the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, until the terminating action specified in paragraph (i) of this AD is done.

    (1) Do a functional check for blockage of the forward strut drain line of the left and right strut and do all applicable corrective actions (including cleaning or replacing blocked drain tubes, repairing fluid leaks, and cleaning the inlet drain screen on the right system disconnect assembly inlet). Do all applicable corrective actions before further flight. Alternate tee fitting part numbers BACT16BR120612JN and AS4139J120612 may be used during the replacement of the forward strut drain lines, provided the installation is performed in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013.

    (2) Do a one-time cleaning of the smaller forward strut drain lines connected to the left systems disconnect, the strut forward lower spar, and the forward fire seal pan inlets.

    (h) Exception to the Service Information Specifications

    Where Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013, refers to a compliance time “after the Revision 1 date of this Service Bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (i) Optional Terminating Action

    Accomplishment of the actions specified in paragraphs (i)(1) through (i)(4) of this AD, for both the left and right struts, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015, and accomplishment of the revision specified in paragraph (i)(5) of this AD, terminates the repetitive functional checks required by paragraph (g)(1) of this AD at the modified area only.

    (1) Disconnect and remove the forward strut drain lines.

    (2) Clean the left systems disconnect, the strut forward lower spar, and the forward fireseal pan drain lines.

    (3) Install new forward strut drain lines and insulation blankets.

    (4) Do a leak check of the forward strut drain lines, for any leak, and repair if any leaking is found.

    (5) Revise the maintenance or inspection program, as applicable, to incorporate Airworthiness Limitation 54-AWL-01, “Forward Strut Drain Line”, Section D.4, Pratt and Whitney Forward Strut Drain Line, of the Boeing 777 Maintenance Planning Data (MPD) Document Section 9, Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D622W001-9, Revision October 2014. The initial compliance time for Airworthiness Limitation 54-AWL-01 is within 2,000 flight cycles or 1,500 days, whichever occurs first, after doing the actions specified in paragraphs (i)(1) through (i)(4) of this AD.

    (j) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (i)(5) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l) of this AD.

    (k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (i) of this AD, if those actions were performed before the effective date of this AD using Boeing Special Attention Service Bulletin 777-71-0055, dated June 12, 2014, which is not incorporated by reference in this AD.

    (l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (m)(1) of this AD. Information may be emailed to: [email protected]

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (m) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD.

    (n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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 the AD specifies otherwise.

    (i) Boeing Special Attention Service Bulletin 777-54-0027, Revision 1, dated September 12, 2013.

    (ii) Boeing Special Attention Service Bulletin 777-71-0055, Revision 1, dated April 15, 2015.

    (iii) Airworthiness Limitation 54-AWL-01, “Forward Strut Drain Line”, Section D.4, Pratt and Whitney Forward Strut Drain Line, of the Boeing 777 Maintenance Planning Data (MPD) Document Section 9, Airworthiness Limitations (AWLs) and Certification Maintenance Requirements (CMRs), D622W001-9, Revision October 2014.

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

    (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 14, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-20696 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0586; Directorate Identifier 2013-NM-255-AD; Amendment 39-18256; AD 2015-17-23] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. This AD was prompted by a determination that more restrictive fuel limitations are needed. This AD requires revising the maintenance or inspection program to incorporate new compliance times and fuel limitations. We are issuing this AD to detect and correct fatigue cracking of various structural elements and prevent ignition sources in the fuel system.

    DATES:

    This AD becomes effective October 7, 2015.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 7, 2015.

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0586 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

    For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227-901 São Jose dos Campos—SP—Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0586.

    FOR FURTHER INFORMATION CONTACT:

    Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. The NPRM published in the Federal Register on August 26, 2014 (79 FR 50857). The NPRM was prompted by a determination that more restrictive fuel limitations are needed. The NPRM proposed to require revising the maintenance or inspection program to incorporate new compliance times and fuel limitations. We are issuing this AD to detect and correct fatigue cracking of various structural elements and prevent ignition sources in the fuel system.

    The Agência Nacional De Aviação Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2013-12-02, effective December 27, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. The MCAI states:

    This [Brazilian] AD was prompted by a new revision to the Airworthiness Limitations Requirements of the Maintenance Planning Guide (MPG-1483). We are issuing this [Brazilian] AD to allow timely detection and correction of fatigue cracking of various structural elements, and to allow the necessary preclusion of ignition sources in the fuel system.

    Required actions include revising the maintenance or inspection program, as applicable, to incorporate new compliance times and fuel limitations. You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0586.

    Comments

    We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (79 FR 50857, August 26, 2014) or on the determination of the cost to the public.

    Conclusion

    We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

    • Are consistent with the intent that was proposed in the NPRM (79 FR 50857, dated August 16, 2014) for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 50857, dated August 16, 2014).

    Related Service Information Under 1 CFR Part 51

    Embraer has issued the following service information.

    • Temporary Revision (TR) 8-1, dated October 26, 2012, to the Embraer Legacy BJ Maintenance Planning Guide (MPG), MPG-1483.

    • TR 8-2, dated December 5, 2012, to the Embraer Legacy BJ MPG, MPG-1483.

    • TR 8-3, dated April 8, 2013, to the Embraer Legacy BJ MPG, MPG-1483.

    The service information describes revisions to the maintenance or inspection program to incorporate new compliance times and fuel limitations. This service information 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 of this AD.

    Costs of Compliance

    We estimate that this AD affects 53 airplanes of U.S. registry.

    We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $4,505, or $85 per product.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0586; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

    List of Subjects in 14 CFR Part 39

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

    Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: 2015-17-23 Empresa Brasileira de Aeronautica S.A. (Embraer): Amendment 39-18256. Docket No. FAA-2014-0586; Directorate Identifier 2013-NM-255-AD. (a) Effective Date

    This AD becomes effective October 7, 2015.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; 53, Fuselage; 54, Nacelles/Pylon.

    (e) Reason

    This AD was prompted by a determination that more restrictive fuel limitations are needed. We are issuing this AD to detect and correct fatigue cracking of various structural elements and prevent ignition sources in the fuel system.

    (f) Compliance

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

    (g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, do the actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

    (1) Revise the maintenance or inspection program, as applicable, by incorporating the Critical Design Configuration Control Limitations (CDCCLs) specified in Embraer Temporary Revision (TR) 8-1, dated October 26, 2012, to the Embraer Legacy BJ Maintenance Planning Document (MPG), MPG-1483, into Appendix 2, “Airworthiness Limitations Requirements,” of the Embraer Legacy BJ MPG, MPG-1483.

    (2) Revise the maintenance or inspection program, as applicable, by incorporating the tasks and compliance times specified in Embraer TR 8-3, dated April 8, 2013, of Embraer Legacy BJ MPG, MPG-1483; and Embraer TR 8-2, dated December 5, 2012, to the Embraer Legacy BJ MPG, MPG-1483; into Appendix 2, “Airworthiness Limitations Requirements,” of the Embraer Legacy BJ MPG, MPG-1483. The initial compliance times for the tasks start at the applicable time specified in Embraer TR 8-2, dated December 5, 2012, and TR 8-3, dated April 8, 2013; or within 500 flight cycles after the effective date of this AD, whichever occurs later. Where Embraer TR 8-2, dated December 5, 2012, specifies a compliance time in “flight cycles” for the pre-mod service bulletin, those compliance times are total flight cycles.

    (3) Revise the maintenance or inspection program, as applicable, by incorporating the new fuel system limitations specified in Embraer TR 8-1, dated October 26, 2012, to the Embraer Legacy BJ MPG, MPG-1483, into Appendix 2, “Airworthiness Limitations Requirements,” of the Embraer Legacy BJ MPG, MPG-1483. The initial compliance times for the tasks are specified in paragraphs (g)(3)(i) and (g)(3)(ii) of this AD.

    (i) For tasks with reference numbers 28-50-01-220-001-A02, 28-50-08-212-001-A00, 28-50-09-212-001-A00, and 28-50-10-212-001-A00, at the later of the times specified in paragraph (g)(3)(i)(A) or (g)(3)(i)(B) of this AD.

    (A) Before the accumulation of 10,000 total flight hours or within 48 months since the date of issuance of the original Brazilian standard airworthiness certificate or date of issuance of the original Brazilian export certificate of airworthiness, whichever occurs first.

    (B) Within 60 months after the effective date of this AD.

    (ii) For task reference number 28-50-01-720-001-A00, at the later of the times specified in paragraph (g)(3)(ii)(A) or (g)(3)(ii)(B) of this AD.

    (A) Before the accumulation of 20,000 total flight hours or within 96 months since the date of issuance of the original Brazilian standard airworthiness certificate or date of issuance of the original Brazilian export certificate of airworthiness, whichever occurs first.

    (B) Within 60 months after the effective date of this AD.

    (h) Incorporation of TRs Into General Revisions

    When the information from Embraer TR 8-1, dated October 26, 2012; TR 8-2, dated December 5, 2012; and TR 8-3, dated April 8, 2013; to the Embraer Legacy BJ MPG, MPG-1483, has been included in the general revisions of Embraer Legacy BJ MPG, MPG-1483, the general revisions may be inserted in the MPG, provided that the relevant information in the general revision is identical to that in Embraer TR 8-1, dated October 26, 2012; TR 8-2, dated December 5, 2012; and TR 8-3, dated April 8, 2013; and the TRs may be removed.

    (i) No Alternative Actions, Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used unless the actions, intervals, and/or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. 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 local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Agência Nacional de Aviação Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature.

    (k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2013-12-02, effective December 27, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0586-0003.

    (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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) Embraer Temporary Revision 8-1, dated October 26, 2012, to the Embraer Legacy BJ Maintenance Planning Guide (MPG), MPG-1483.

    (ii) Embraer Temporary Revision 8-2, dated December 5, 2012, to the Embraer Legacy BJ MPG, MPG-1483.

    (iii) Embraer Temporary Revision 8-3, dated April 8, 2013, to the Embraer Legacy BJ MPG, MPG-1483.

    (3) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227-901 São Jose dos Campos—SP—Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com.

    (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 21, 2015. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21473 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0583; Directorate Identifier 2013-NM-130-AD; Amendment 39-18258; AD 2015-17-25] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of chafing of the fuel lines due to contact with the surrounding structures in the fuel tank. This AD requires replacing and modifying fuel lines, revising the maintenance or inspection program, as applicable, to include critical design configuration control limitations (CDCCL) and airworthiness limitation (AWL) items, and, for certain airplanes, removing certain clamps and mounting hardware. We are issuing this AD to prevent chafing of the fuel lines in the fuel tank, which could result in potential ignition sources in the fuel tank in the event of a lightning strike and consequent fire or explosion.

    DATES:

    This AD becomes effective October 7, 2015.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 7, 2015.

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0583 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

    For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0583.

    FOR FURTHER INFORMATION CONTACT:

    Kent Fredrickson, Aerospace Engineer, Propulsion and Services Branch, ANE-173, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7364; fax 516-794-5531.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model DHC-8-400 series airplanes. The NPRM published in the Federal Register on August 26, 2014 (79 FR 50860).

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2013-09R1, dated May 28, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model DHC-8-400 series airplanes. The MCAI states:

    Reports from operators have revealed a number of instances of chafing of the fuel lines due to contact with the surrounding structures in the fuel tank. An internal audit conducted by Bombardier revealed a number of locations in the fuel tank where low clearances were noted between fuel lines and the surrounding structure. Low clearances between fuel lines and the surrounding structures may result in ignition sources in the fuel tank in the event of a lightning strike, creating an unacceptable level of safety.

    Bombardier had issued Service Bulletin (SB) 84-28-09 to introduce new fuel line assemblies that include new fuel lines and Teflon protective sleeves, and SBs 84-28-10 and 84-28-13 to remove unnecessary hardware in the wing fuel tanks, in order to eliminate potential fouling conditions on the affected fuel lines.

    Upon an operator's incorporation of SB 84-28-09, an additional fouling condition was identified on the post-modification fuel lines. In order to address this concern on the aeroplane, Bombardier has issued SBs 84-28-14 and 84-28-15, along with ModSum IS4Q2800012 to rectify this problem.

    This [Canadian] AD mandates the replacement of fuel lines and the installation of fuel line Teflon protective sleeves. In addition, the fuel line Teflon protective sleeves have been added to the Critical Design Configuration Control Limitations (CDCCL) along with the introduction of associated Fuel System Limitations tasks, to ensure integrity of the new assembly.

    Since the original issue of this [Canadian] AD, it was found that there were editorial errors in Parts IB and II A of this [Canadian] AD. In addition, the Temporary Revisions (TR) Airworthiness Limitation Items (ALI)-111/-112 “referenced” in Parts III and IV of this AD had been superseded by later revisions. This [Canadian] AD is revised to correct the editorial errors and accept the later TR approved by Transport Canada.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0583-0002.

    Comments

    We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 50860, August 26, 2014) and the FAA's response to each comment.

    Request To Refer to Revised Service Information

    All Nippon Airways (ANA) and Horizon Air requested that we revise paragraph (g) of the proposed AD (79 FR 50860, August 26, 2014) to refer to the following service information:

    • Bombardier Service Bulletin 84-28-14, Revision A, dated June 9, 2014 • Bombardier Service Bulletin 84-28-09, Revision D, January 29, 2013 • Bombardier Service Bulletin 84-28-15, dated August 17, 2012

    Horizon also requested that we revise paragraph (n) of the proposed AD (79 FR 50860, August 26, 2014) to provide credit for the prior accomplishment of the actions specified in Bombardier Service Bulletin 84-28-14, dated August 17, 2012.

    We agree with the requests and have revised paragraphs (g)(1), (g)(2)(i), (g)(2)(ii), and (m) of this AD accordingly. We have also redesignated paragraph (n) of the proposed AD (79 FR 50860, August 26, 2014) as paragraph (n)(1) of this AD, and added new paragraph (n)(2) to this AD to indicate the new credit service information.

    Request To Clarify Certain Affected Airplanes

    ANA requested that we correct the identity of the affected airplanes in paragraph (g)(2) of the proposed AD (79 FR 50860, August 26, 2014). Although paragraph (g)(2) of the NPRM specified airplanes on which ModSum 4-113643 “was incorporated” in production, ANA noted that this requirement should apply to airplanes on which ModSum 4-113643 “was not incorporated” in production. ANA noted that ModSum 4-113643 is equivalent to the Bombardier Service Bulletin 84-28-09.

    We agree with the request. The intent of the NPRM (79 FR 50860, August 26, 2014) was to include only airplanes on which neither the ModSum nor the corresponding service bulletin was done. We have revised paragraph (g)(2) of this AD accordingly.

    Request To Exclude Specific Access and Close Requirements

    Horizon Air requested that we revise paragraphs (g) and (i) of the proposed AD (79 FR 50860, August 26, 2014) to exclude the Job Set-up and the Close Out sections in certain service information, because these actions do not directly correct the unsafe condition. Horizon Air stated that requiring the actions in these sections restricts an operator's ability to do other maintenance actions concurrently with the actions required by this AD.

    We agree to revise paragraphs (g) and (i) of this AD to specify only the actions in paragraph B., “Procedures,” which correct the unsafe condition.

    Request To Allow Use of Later Revisions of Service Information

    ANA requested that we allow use of “later revisions” of the service information, as done in the MCAI.

    We disagree with the request. We cannot use the phrase “or later revisions” in an AD when referring to service documents because doing so violates Office of the Federal Register (OFR) regulations for approval of materials “incorporated by reference” in rules. See 1 CFR 51.1(f). In general terms, we are required by these OFR regulations to either publish the service document contents as part of the actual AD language; or submit the service document to the OFR for approval as “referenced” material, in which case we may refer to such material in the text of an AD. The AD may refer to service documents only if the OFR has approved them for incorporation by reference. See 1 CFR part 51.

    To allow operators to use later revisions of the referenced document (issued after publication of the AD), either we must revise the AD to refer to specific later revisions, or operators must request approval to use later revisions as an alternative method of compliance with this AD under the provisions of paragraph (o)(1) of this AD. We have not changed this AD regarding this issue.

    Conclusion

    We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

    • Are consistent with the intent that was proposed in the NPRM (79 FR 50860, August 26, 2014) for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 50860, August 26, 2014).

    We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

    Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:

    • Service Bulletin 84-28-09, Revision D, dated January 29, 2013, which describes procedures for replacing fuel lines, adding Teflon tubing to certain fuel lines in the fuel tank, and contacting the manufacturer for certain corrective actions.

    • Service Bulletin 84-28-10, Revision B, dated March 19, 2013, which describes procedures for inspecting for the presence of certain clamps and hardware and, if those are present, removing those certain clamps and mounting hardware.

    • Service Bulletin 84-28-13, dated August 17, 2012, which describes procedures for removing certain clamps and mounting hardware.

    • Service Bulletin 84-28-14, Revision A, dated June 9, 2014, which describes procedures for replacing a tube assembly.

    • Service Bulletin 84-28-15, dated August 17, 2012, which describes procedures for replacing fuel lines, adding Teflon tubing to certain fuel lines in the fuel tank, and contacting the manufacturer for certain corrective actions.

    • Temporary Revision ALI-111, dated January 11, 2011, to Section 4-1, “Fuel System Limitations,” of Part 2, “Airworthiness Limitation Items,” of the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7, which describes updates to the fuel system limitations for inspections of the Teflon sleeve on the fuel tank vent lines.

    • Temporary Revision ALI-112, dated January 11, 2011, to Section 5-1, “Critical Design Configuration Control Limitations,” of Part 2, “Airworthiness Limitation Items,” of the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7, which describes updates to the critical design configuration control limitations on Teflon protective sleeves on fuel vent lines inside the fuel tanks.

    This service information 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 of this NPRM.

    Costs of Compliance

    We estimate that this AD affects 72 airplanes of U.S. registry. We also estimate that it will take about 80 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $2,845 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $694,440, or $9,645 per product.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0583; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

    List of Subjects in 14 CFR Part 39

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

    Adoption of 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 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2015-17-25 Bombardier, Inc.: Amendment 39-18258. Docket No. FAA-2014-0583; Directorate Identifier 2013-NM-130-AD. (a) Effective Date

    This AD becomes effective October 7, 2015

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes, certificated in any category, serial numbers 4001, and 4003 through 4417 inclusive.

    (d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

    (e) Reason

    This AD was prompted by reports of chafing of the fuel lines due to contact with the surrounding structures in the fuel tank. We are issuing this AD to prevent chafing of the fuel lines in the fuel tank, which could result in potential ignition sources in the fuel tank in the event of a lightning strike and consequent fire or explosion.

    (f) Compliance

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

    (g) Installation of New Fuel Tube Assemblies

    For airplanes having serial numbers 4001, 4003, 4004, 4006, and 4008 through 4417 inclusive: Within 6,000 flight hours or 3 years after the effective date of this AD, whichever occurs first, install new, improved fuel tube assemblies, in accordance with paragraph B., “Procedure,” of the Accomplishment Instructions of the applicable service information identified in paragraphs (g)(1) and (g)(2) of this AD.

    (1) For airplanes on which Bombardier Service Bulletin 84-28-09 was incorporated prior to the effective date of this AD, or on which Bombardier Modification Summary (ModSum) 4-113643 was incorporated in production: Bombardier Service Bulletin 84-28-14, Revision A, dated June 9, 2014.

    (2) For airplanes on which Bombardier Service Bulletin 84-28-09 was not incorporated prior to the effective date of this AD, or on which Bombardier ModSum 4-113643 was not incorporated in production, use the service information identified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD.

    (i) Bombardier Service Bulletin 84-28-09, Revision D, dated January 29, 2013; and Bombardier Service Bulletin 84-28-14, Revision A, dated June 9, 2014.

    (ii) Bombardier Service Bulletin 84-28-15, dated August 17, 2012.

    (h) Prior Incorporation of Bombardier ModSum IS4Q2800012

    For airplanes on which Bombardier Service Bulletin 84-28-09, and Bombardier ModSum IS4Q2800012 were incorporated before the effective date of this AD; and for airplanes on which Bombardier ModSum 4-113643 was incorporated in production, and Bombardier ModSum IS4Q2800012 was incorporated prior to the effective date of this AD: The requirements of paragraph (g) are not required.

    (i) Removal of Clamps and Mounting Hardware

    For airplanes having serial numbers 4003 through 4151 inclusive, and 4332 through 4417 inclusive: Within 6,000 flight hours or 3 years after the effective date of this AD, whichever occurs first, do the actions required by paragraphs (i)(1) and (i)(2) of this AD, as applicable.

    (1) For airplanes having serial numbers 4003 through 4151 inclusive, on which Bombardier ModSum IS4Q2800010 was incorporated: Inspect for the presence of certain clamps and hardware, and, if present, remove certain clamps and mounting hardware, in accordance with paragraph B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-28-10, Revision B, dated March 19, 2013.

    (2) For airplanes having serial numbers 4332 through 4417 inclusive: Remove certain clamps and mounting hardware, in accordance with paragraph B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-28-13, dated August 17, 2012.

    (j) Incorporation of Fuel System Limitations (FSL) Tasks

    Within 60 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information in FSL Task Numbers 284000-406 and 284000-418 as specified in Bombardier Temporary Revision ALI-111, dated January 11, 2011, to Section 4-1, “Fuel System Limitations,” of Part 2, “Airworthiness Limitation Items,” of the Airworthiness Limitation Items section of the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7. The initial compliance time for Task 284000-418 is within 108 months or 18,000 flight hours after accomplishing the requirements of paragraph (g) of this AD, whichever occurs first, for airplanes identified in paragraphs (g)(1) and (g)(2) of this AD; or, for those airplanes identified in paragraph (h) of this AD, within 108 months or 18,000 flight hours after the incorporation of Bombardier ModSum IS4Q2800012. The maintenance program revision required by this paragraph may be done by inserting a copy of Bombardier Temporary Revision ALI-111, dated January 11, 2011, into the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7. When Bombardier Temporary Revision ALI-111, dated January 11, 2011, has been included in the general revisions of the manual, the general revisions may be inserted into the manual, and this temporary revision may be removed, provided the relevant information in the general revision is identical to that in Bombardier Temporary Revision ALI-111.

    (k) Incorporation of Critical Design Configuration Control Limitations (CDCCL) Items

    Within 60 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the CDCCL items specified in Bombardier Temporary Revision ALI-112, dated January 11, 2011, to Section 5-1, “Critical Design Configuration Control Limitations,” of Part 2, “Airworthiness Limitation Items,” of the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7. The maintenance program revision required by this paragraph may be done by inserting a copy of Bombardier Temporary Revision ALI-112, dated January 11, 2011, into the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7. When Bombardier Temporary Revision ALI-112, dated January 11, 2011, has been included in the general revisions of the manual, the general revisions may be inserted into the manual, and this temporary revision may be removed, provided the relevant information in the general revision is identical to that in Bombardier Temporary Revision ALI-112.

    (l) No Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program, as applicable, has been revised as required by paragraphs (j) and (k) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, or CDCCL are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (o)(1) of this AD.

    (m) Exception to Service Information Specifications

    Where Bombardier Service Bulletin 84-28-09, Revision D, dated January 29, 2013; and Bombardier Service Bulletin 84-28-15, dated August 17, 2012; specify contacting the manufacturer for corrective action during accomplishment of the actions in those service bulletins: Before further flight, repair the discrepancy using a method approved by the Manager, New York Aircraft Certification Office (ACO), FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

    (n) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by paragraph (i)(1) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-28-10, dated December 6, 2011; or Bombardier Service Bulletin 84-28-10, Revision A, dated May 15, 2012. This service information is not incorporated by reference in this AD.

    (2) This paragraph provides credit for actions required by paragraph (g) of this AD, if the corresponding actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-28-14, dated August 15, 2012, which is not incorporated by reference in this AD.

    (o) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature.

    (p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2013-09R1, dated May 28, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0583-0002.

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (q)(3) and (q)(4) of this AD.

    (q) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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) Bombardier Service Bulletin 84-28-09, Revision D, dated January 29, 2013.

    (ii) Bombardier Service Bulletin 84-28-10, Revision B, dated March 19, 2013.

    (iii) Bombardier Service Bulletin 84-28-13, dated August 17, 2012.

    (iv) Bombardier Service Bulletin 84-28-14, Revision A, dated June 9, 2014.

    (v) Bombardier Service Bulletin 84-28-15, dated August 17, 2012.

    (vi) Bombardier Temporary Revision ALI-111, dated January 11, 2011, to Section 4-1, “Fuel System Limitations,” of Part 2, “Airworthiness Limitation Items,” of the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7.

    (vii) Bombardier Temporary Revision ALI-112, dated January 11, 2011, to Section 5-1, “Critical Design Configuration Control Limitations,” of Part 2, “Airworthiness Limitation Items,” of the Airworthiness Limitation Items section of Bombardier Q400 Dash 8 Maintenance Requirements Manual PSM 1-84-7.

    (3) For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com.

    (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 21, 2015. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21472 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 746, 747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772, and 774 [Docket No. 150813713-5713-01 ] RIN 0694-AG71 Updated Statements of Legal Authority for the Export Administration Regulations To Include August 7, 2015 Extension of Emergency Declared in Executive Order 13222 AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.

    DATES:

    The rule is effective September 2, 2015.

    FOR FURTHER INFORMATION CONTACT:

    William Arvin, Regulatory Policy Division, Bureau of Industry and Security, Telephone: (202) 482-2440.

    SUPPLEMENTARY INFORMATION:

    Background

    Authority for all parts of the EAR other than part 745 rests, in part, on Executive Order 13222 of August 17, 2001—National Emergency with Respect to Export Control Regulations, 66 FR 44025, 3 CFR, 2001 Comp., p. 783 and on annual notices extending the emergency declared in that executive order. This rule revises the authority paragraphs for the affected parts to cite the most recent such notice, which the President signed on August 7, 2015.

    This rule is purely procedural, and makes no changes other than to revise CFR authority paragraphs for the purpose of making the authority citations current. It does not change the text of any section of the EAR, nor does it alter any right, obligation or prohibition that applies to any person under the EAR.

    Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This rule does not impose any regulatory burden on the public and is consistent with the goals of Executive Order 13563. This rule has been determined to be not significant for purposes of Executive Order 12866.

    2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule does not involve any collection of information.

    3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132.

    4. The Department finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because they are unnecessary. This rule only updates legal authority citations. It clarifies information and is non-discretionary. This rule does not alter any right, obligation or prohibition that applies to any person under the EAR. Because these revisions are not substantive changes, it is unnecessary to provide notice and opportunity for public comment. In addition, the 30-day delay in effectiveness otherwise required by 5 U.S.C. 553(d) is not applicable because this rule is not a substantive rule. Because neither the Administrative Procedure Act nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no Final Regulatory Flexibility Analysis is required and none has been prepared.

    List of Subjects 15 CFR Part 730

    Administrative practice and procedure, Advisory committees, Exports, Reporting and recordkeeping requirements, Strategic and critical materials.

    15 CFR Parts 732, 740, 748, 750, 752, and 758

    Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.

    15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology.

    15 CFR Parts 736, 738, 770, and 772

    Exports.

    15 CFR Part 742

    Exports, Terrorism.

    15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping requirements.

    15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

    15 CFR Part 747

    Administrative practice and procedure, Exports, Foreign trade, Reporting and recordkeeping requirements.

    15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products, Horses, Petroleum, Reporting and recordkeeping requirements.

    15 CFR Part 756

    Administrative practice and procedure, Exports, Penalties.

    15 CFR Part 760

    Boycotts, Exports, Reporting and recordkeeping requirements.

    15 CFR Part 762

    Administrative practice and procedure, Business and industry, Confidential business information, Exports, Reporting and recordkeeping requirements.

    15 CFR Part 764

    Administrative practice and procedure, Exports, Law enforcement, Penalties.

    15 CFR Part 766

    Administrative practice and procedure, Confidential business information, Exports, Law enforcement, Penalties.

    15 CFR Part 768

    Administrative practice and procedure, Exports, Reporting and recordkeeping requirements, Science and technology.

    Accordingly, parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 746, 747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772 and 774 of the EAR (15 CFR parts 730-774) are amended as follows:

    PART 730—[AMENDED] 1. The authority citation for 15 CFR part 730 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); Notice of September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 732—[AMENDED] 2. The authority citation for 15 CFR part 732 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 734—[AMENDED] 3. The authority citation for 15 CFR part 734 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 736—[AMENDED] 4. The authority citation for 15 CFR part 736 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 168; Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 738—[AMENDED] 5. The authority citation for 15 CFR part 738 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 740—[AMENDED] 6. The authority citation for 15 CFR part 740 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 742—[AMENDED] 7. The authority citation for 15 CFR part 742 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 743—[AMENDED] 8. The authority citation for 15 CFR part 743 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); 78 FR 16129; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 744—[AMENDED] 9. The authority citation for 15 CFR part 744 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 746—[AMENDED] 10. The authority citation for 15 CFR part 746 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899 (January 16, 2007); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 747—[AMENDED] 11. The authority citation for 15 CFR part 747 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 748—[AMENDED] 12. The authority citation for 15 CFR part 748 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 750—[AMENDED] 13. The authority citation for 15 CFR part 750 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 752—[AMENDED] 14. The authority citation for 15 CFR part 752 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 754—[AMENDED] 15. The authority citation for 15 CFR part 754 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 756—[AMENDED] 16. The authority citation for 15 CFR part 756 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 758—[AMENDED] 17. The authority citation for 15 CFR part 758 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 760—[AMENDED] 18. The authority citation for 15 CFR part 760 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 762—[AMENDED] 19. The authority citation for 15 CFR part 762 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 764—[AMENDED] 20. The authority citation for 15 CFR part 764 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 766—[AMENDED] 21. The authority citation for 15 CFR part 766 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 768—[AMENDED] 22. The authority citation for 15 CFR part 768 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 770—[AMENDED] 23. The authority citation for 15 CFR part 770 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 772—[AMENDED] 24. The authority citation for 15 CFR part 772 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    PART 774—[AMENDED] 25. The authority citation for 15 CFR part 774 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    Dated: August 25, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration.
    [FR Doc. 2015-21683 Filed 9-1-15; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 740 [Docket No. 150720622-5622-01] RIN 0694-AG63 Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; Correction AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Final rule; correction.

    SUMMARY:

    The Bureau of Industry and Security publishes this rule to correct an error in License Exception Temporary imports, exports, reexports, and transfers (in-country) (TMP) to make certain consumer communications devices and related software eligible for temporary export and reexport to Sudan as “tools of trade.” This error was introduced in a final rule published in February 2015 that amended the Export Administration Regulations to authorize License Exception Consumer Communications Devices (CCD) for use in Sudan and made changes to License Exception TMP. BIS is publishing this rule to facilitate use of employer-owned devices such as cell phones, Wi-Fi-equipped computers and tablets by persons engaged in humanitarian efforts in Sudan.

    DATES:

    The rule is effective September 2, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Theodore Curtin, telephone (202) 482-4252, email [email protected]

    SUPPLEMENTARY INFORMATION: Background

    In general, items listed on the Commerce Control List with anti-terrorism stated as a reason for control require a license for export or reexport, even temporarily, to Sudan. Some limited exceptions to this requirement exist. One such exception, License Exception Baggage (BAG), allows travelers to Sudan to take with them for their personal use or use by family members their personally-owned consumer communications devices such as cell phones, Wi-Fi- enabled personal computers, global positioning systems and related software. Another exception, License Exception Consumer Communications Devices (CCD), allows the export and reexport of such devices and related software for use by non-governmental organizations or individuals in Sudan. Sudan was added as an eligible destination under CCD in a final rule published on February 18, 2015 (the February 2015 rule) (see “License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan,” (80 FR 8520)). For several years prior to the February 2015 rule, a third exception, Temporary imports, exports, reexports, and transfers (in-country) (TMP), allowed non-governmental organizations engaged in humanitarian work in Sudan and their individual staff members, employees, or contractors to export or reexport temporarily to Sudan employer-owned consumer communications devices and related software for use as “tools of trade.” See 70 FR 8251 (Feb. 18, 2005) (authorizing exports of such items) and 73 FR 10668 (Feb. 28, 2008) (authorizing reexports of such items).

    The February 2015 amendment to the Export Administration Regulations (EAR) made consumer communications devices and related software available under License Exception CCD for export and reexport to non-governmental organizations and individuals in Sudan generally (with no requirement that the export or reexport be temporary). That rule was intended to foster communications to, from, and among the people of Sudan. Because the commodities and software would be available under License Exception CCD to all individuals in Sudan (including persons traveling to Sudan on a temporary basis), the February 2015 rule removed as unnecessary paragraph (a)(2) of License Exception TMP, which had authorized the temporary export and reexport of these items by non-governmental organizations engaged in humanitarian work in Sudan and their individual staff members, employees, or contractors. In addition, in an earlier rule amending License Exception CCD, which up to that time had authorized only donations made to individuals and non-governmental organizations Cuba, the phrase “either sold or donated” was added to the paragraph describing the authorization of the export and reexport of consumer communications devices and related software under the license exception. See 80 FR 2286 (Jan. 16, 2015).

    Although the intent was to state that the devices or software no longer had to be donated, the addition of the “either sold or donated” language to License Exception CCD in January 2015, in combination with the removal of paragraph (a)(2) of license exception TMP by the February 2015 rule on Sudan, created problems for non-governmental organizations that send personnel to Sudan for humanitarian activities. The employer-owned devices that such personnel use in Sudan are neither sold nor donated in connection with the staff member's, employee's or contractor's travel to Sudan. As an unintended consequence of the interplay of the changes made pursuant to the two recent rules, such travelers who seek to engage in the humanitarian activities for which temporary exports and reexports have been authorized by License Exception TMP since 2005 need licenses to take to Sudan temporarily their employer-owned communication devices and software even though the same items could be exported or reexported to Sudan under a license exception if personally owned by the travelers or if being sold or donated to a non-governmental organization or to any individual in Sudan.

    This final rule amends the EAR to correct License Exception TMP to clarify BIS's intent to authorize temporary export and reexport of employer-owned consumer communications devices and related software as tools of trade to Sudan under the license exception. The amended provision refers to the list of consumer communications devices and software that is contained in License Exception CCD (Section 740.19(b)) and notes that all other requirements and limitations found in License Exception TMP apply to exports and reexports of such items.

    Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This rule does not impose any regulatory burden on the public and is consistent with the goals of Executive Order 13563. This rule has been determined to be not significant for purposes of Executive Order 12866.

    2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) control number. This rule involves a collection of information approved under OMB control number 0694-0088, Simplified Network Application Processing+ System (SNAP+) and the Multipurpose Export License Application, which carries an annual estimated burden of 31,833 hours. BIS believes that this rule will have no material impact on that burden. To the extent that it has any impact at all, the impact would be to reduce the burden because this rule makes some transactions that would otherwise require a license eligible for a license exception.

    3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132.

    4. BIS finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice of proposed rulemaking and the opportunity for public comment because it is impracticable and contrary to the public interest. This rule corrects an error in License Exception TMP to make certain consumer communications devices and related software eligible for temporary export and reexport to Sudan as “tools of trade.” Due to a drafting error in the February 2015 rule, license exception availability under the EAR was eliminated for employer-owned consumer communications devices and related software being exported or reexported temporarily to Sudan for use by staff members, employees, and contractors of non-governmental organizations engaged in humanitarian activities. Those same devices may be exported or reexported temporarily to Sudan under a license exception if they are owned personally by the traveler. They may also be exported or reexported permanently to Sudan under a license exception if they are to be sold or donated to a non-governmental organization or individual in Sudan. This rule is necessary in order to ensure that persons traveling to Sudan benefit from clarity on the point addressed by this rule, as it would enable them to bring certain items with them for use in their humanitarian activities in the country without having to apply for a license. Maintaining a license requirement for this limited category of exports and reexports is contrary to the public interest as it would hamper the activities of non-governmental organizations engaged in humanitarian work without providing any corresponding benefit to the foreign policy goals that export controls are intended to meet. It would be impracticable to delay this rule to allow for notice and comment, as there is an urgent need for timely clarification consistent with the purpose of the February 2015 rule, which sought to expand the scope of exports and reexports to Sudan that may occur without the need to obtain a license.

    BIS also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness. This rule does not impose any new regulatory burden on any person. It merely makes clear that certain employer-owned consumer communications devices and software may be exported or reexported temporarily to Sudan as tools of trade by persons traveling to Sudan. No person would be required to change any of its existing practices as a result of this rule. However, persons traveling to Sudan would benefit from clarity on the point addressed by this rule, as it would enable them to bring certain items with them for use in their humanitarian activities in the country without having to apply for a license. Because this rule imposes no new burden while providing a benefit to some persons, delaying implementation would be contrary to the public interest.

    List of Subjects in 15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Export Administration Regulations (15 CFR parts 730-774) are amended as follows:

    PART 740—[AMENDED] 1. The authority citation for 15 CFR part 740 continues to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    2. In § 740.9, paragraph (a)(2) is added to read as follows:
    § 740.9 Temporary imports, exports, reexports, and transfers (in-country) (TMP).

    (a) * * *

    (2) Sudan. Notwithstanding the exclusion of destinations in Country Group E:1 in paragraphs (a)(1) and (3) of this section, items listed in § 740.19(b) of the EAR may be exported or reexported as tools of trade to Sudan. All other requirements and limitations of this paragraph (a) apply to such exports and reexports.

    Dated: August 25, 2015. Kevin J. Wolf, Deputy Assistant Secretary for Export Administration.
    [FR Doc. 2015-21695 Filed 9-1-15; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 150604505-5505-01] RIN 0694-AG65 Addition of Certain Persons to the Entity List AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-nine persons under thirty-three entries to the Entity List. The twenty-nine persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These persons will be listed on the Entity List under the destinations of Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom. This final rule also revises the reference to Crimea (occupied) on the Entity List to conform to other references in the EAR that refer to the Crimea region of Ukraine.

    DATES:

    This rule is effective September 2, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    The Entity List (Supplement No. 4 to Part 744 of the EAR) identifies entities and other persons reasonably believed to be involved in, or that pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy of the United States. The EAR imposes additional licensing requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those persons or entities listed on the Entity List. The license review policy for each listed entity is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.

    The End-user Review Committee (ERC) is composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy, and where appropriate, the Treasury. The ERC makes decisions to add an entry to the Entity List by majority vote and to remove or modify an entry by unanimous vote. The Departments represented on the ERC have approved these changes to the Entity List.

    Entity List Additions Additions to the Entity List

    This rule implements the decision of the ERC to add twenty-nine persons under thirty-three entries to the Entity List. These twenty-nine persons are being added on the basis of § 744.11 (License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States) of the EAR. The thirty-three entries to the Entity List are located in the Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom (British Virgin Islands). There are thirty-three entries for the twenty-nine persons because two persons are listed in two locations and one person is listed in three locations, resulting in four additional entries.

    Under § 744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such persons may be added to the Entity List. The persons being added to the Entity List have been determined to be involved in activities that are contrary to the national security or foreign policy interests of the United States. Specifically, in this rule, BIS adds persons to the Entity List for violating international law and fueling the conflict in eastern Ukraine. These additions ensure the efficacy of existing sanctions on Russia. The particular additions to the Entity List and related authorities are as follows.

    A. Entity Addition Consistent With Executive Order 13660

    One entity is added based on activities that are described in Executive Order 13660 (79 FR 13493), Blocking Property of Certain Persons Contributing to the Situation in Ukraine, issued by the President on March 6, 2014. As described in the Order, the President found that the actions and policies of persons who have asserted governmental authority in Crimea without the authorization of the Government of Ukraine undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. The President also declared a national emergency to deal with that threat.

    Executive Order 13660 blocks all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person (including any foreign branch) of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to be responsible for or complicit in, or to have engaged in, directly or indirectly, misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine, among other activities. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.

    The Department of the Treasury's Office of Foreign Assets Control (OFAC), pursuant to Executive Order 13660, has designated the following person: Private Joint-Stock Company Mako Holding. In conjunction with that designation, the Department of Commerce adds Private Joint-Stock Company Mako Holding to the Entity List under this rule and imposes a license requirement for exports, reexports, or transfers (in-country) to this blocked person. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13660.

    Private Joint-Stock Company Mako Holding is added to the Entity List under Executive Order 13660 because it is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly a person whose property and interests are blocked pursuant to that Order, Oleksandr Viktorovych Yanukovych. Oleksandr Yanukovych is responsible for or complicit in, or has engaged in, directly or indirectly, misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine.

    Therefore, pursuant to § 744.11 of the EAR, the conduct of this one person raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of all items subject to the EAR involving this person, and the possible imposition of license conditions or license denials on shipments to this persons, will enhance BIS's ability to protect the foreign policy and national security interests of the United States.

    B. Entity Additions Consistent With Executive Order 13661

    Seven entities are added based on activities that are described in Executive Order 13661 (79 FR 15533), Blocking Property of Additional Persons Contributing to the Situation in Ukraine, issued by the President on March 16, 2014. This Order expanded the scope of the national emergency declared in Executive Order 13660, finding that the actions and policies of the Government of the Russian Federation with respect to Ukraine—including the deployment of Russian military forces in the Crimea region of Ukraine—undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.

    Executive Order 13661 includes a directive that all property and interests in property that are in the United States, that hereafter come within the United States, or that are or thereafter come within the possession or control of any United States person (including any foreign branch) of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: persons determined by the Secretary of the Treasury, in consultation with the Secretary of State to have either materially assisted, sponsored or provided financial, material or technological support for, or goods and services to or in support of a senior official of the government of the Russian Federation or operate in the defense or related materiel sector in Russia. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.

    The Department of the Treasury's Office of Foreign Assets Control, pursuant to Executive Order 13661, on behalf of the Secretary of the Treasury, and in consultation with the Secretary of State, has designated the following seven persons: Airfix Aviation Oy, IPP Oil Products (Cyprus) Limited, Open Joint Stock Company Kontsern Izhmash, Izhevsky Mekhanichesky Zavod JSC, Set Petrochemicals Oy, Southeast Trading Oy, and Southport Management Services Limited. In conjunction with those designations, the Department of Commerce adds all seven of those entities to the Entity List under this rule, and imposes a license requirement for exports, reexports, or transfers (in-country) to these persons. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13661.

    Five of the persons added to the Entity List under Executive Order 13661 meet the criteria of Section 1, subparagraph D of the Order because they are linked to the provision of material support to a person previously designated by OFAC, Gennady Timchenko: Airfix Aviation Oy, IPP Oil Products (Cyprus) Limited, Set Petrochemicals Oy, Southeast Trading Oy, and Southport Management Services Limited.

    Two of the persons added to the Entity List under Executive Order 13661 meet the criteria of Section 1, subparagraph B of the Order because they operate in Russia's arms or related materiel sector: Open Joint Stock Company Kontsern Izhmash and Izhevsky Mekhanichesky Zavod JSC. Open Joint Stock Company Kontsern Izhmash and Izhevsky Mekhanichesky Zavod JSC are linked to an entity previously designated by OFAC, Kalashnikov Concern, which was added to the Entity List on July 22, 2014 (79 FR 42455).

    C. Entity Additions Consistent With Executive Order 13662

    Fifteen entities are added based on activities that are described in Executive Order 13662 (79 FR 16169), Blocking Property of Additional Persons Contributing to the Situation in Ukraine, issued by the President on March 20, 2014. This Order expanded the scope of the national emergency declared in Executive Order 13660 of March 6, 2014 and Executive Order 13661 of March 16, 2014. Specifically, Executive Order 13662 expanded the scope to include sectors of the Russian economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, such as financial services, energy, metals and mining, engineering, and defense and related materiel. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.

    The Department of the Treasury's Office of Foreign Assets Control, pursuant to Executive Order 13662, on behalf of the Secretary of the Treasury, and in consultation with the Secretary of State, has designated the following fifteen persons as operating in the energy sector of Russia and owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, a person whose property and interests are blocked pursuant to the Order, Rosneft: CJSC Vankorneft, Neft-Aktiv LLC, OJSC Achinsk Refinery, OJSC Angarsk Petrochemical Company, OJSC Kuybyshev Refinery, OJSC Novokuybyshev Refinery, OJSC Orenburgneft, OJSC RN Holding, OJSC Samotlorneftegaz, OJSC Syzran Refinery, PJSC Verkhnechonskneftegaz, Rosneft Trade Limited, Rosneft Trading S.A., RN-Komsomolsky Refinery LLC, and RN-Yuganskneftegaz LLC. In conjunction with that designation, the Department of Commerce adds to the Entity List under this rule all fifteen listed above, all of which are subsidiaries of Rosneft (Rosneft was added to the Entity List on September 17, 2014 (79 FR 55612)).

    D. Entity Additions Consistent With Executive Order 13685

    Six entities are added based on activities that are described in Executive Order 13685 (79 FR 77357), Blocking Property of Certain Persons and Prohibiting Certain Transactions with Respect to the Crimea Region of Ukraine, issued by the President on December 19, 2014. This Order took additional steps to address the Russian occupation of the Crimea region of Ukraine with respect to the national emergency declared in Executive Order 13660 of March 6, 2014, and expanded in Executive Order 13661 of March 16, 2014 and Executive Order 13662 of March 20, 2014. In particular, Executive Order 13685 prohibited the export, reexport, sale or supply, directly or indirectly, from the United States or by a U.S. person, wherever located, of any goods, services, or technology to the Crimea region of Ukraine. Under Section 10 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.

    The Department of the Treasury's Office of Foreign Assets Control, pursuant to Executive Order 13685 on behalf of the Secretary of the Treasury and in consultation with the Secretary of State, has designated the following six persons as operating in the Crimea region of Ukraine: State Enterprise Evpatoria Sea Commercial Port, State Enterprise Feodosia Sea Trading Port, State Shipping Company Kerch Sea Ferry, State Enterprise Kerch Sea Commercial Port, State Enterprise Sevastopol Sea Trading Port, and State Enterprise Yalta Sea Trading Port. In conjunction with that designation, the Department of Commerce adds all six of those entities to the Entity List under this rule and imposes a license requirement for exports, reexports, or transfers (in-country) to these blocked persons. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13685.

    For the fourteen persons under eighteen entries added to the Entity List based on activities that are described in Executive Orders 13660, 13661, or 13685, BIS imposes a license requirement for all items subject to the EAR and a license review policy of presumption of denial. The license requirements apply to any transaction in which items are to be exported, reexported, or transferred (in-country) to any of the persons or in which such persons act as purchaser, intermediate consignee, ultimate consignee, or end-user. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule.

    For the fifteen Russian subsidiaries of Rosneft and energy sector entities added to the Entity List based on activities described in Executive Order 13662, the Entity List imposes a license requirement for the export, reexport or transfers (in-country) of all items subject to the EAR to those companies when the exporter, reexporter or transferor knows that the item will be used directly or indirectly in exploration for, or production of, oil or gas in Russian deepwater (greater than 500 feet) or Arctic offshore locations or shale formations in Russia, or is unable to determine whether the item will be used in such projects. License applications for such transactions will be reviewed with a presumption of denial when for use directly or indirectly for exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects in Russia that have the potential to produce oil. This license requirement implements an appropriate measure within the authority of BIS to carry out the provisions of Executive Order 13662.

    This final rule adds the following twenty-nine persons under thirty-three entries to the Entity List:

    Crimea Region of Ukraine

    (1) State Enterprise Evpatoria Sea Commercial Port, a.k.a., the following eight aliases:

    —Port of Evpatoria; —Port of Yevpatoria; —Seaport of Yevpatoriya; —Yevpatoria Commercial Seaport; —Yevpatoria Merchant Sea Port; —Yevpatoria Sea Port; —Yevpatoriya Commercial Sea Port; and —Yevpatoriya Sea Port.

    Mariners Square 1, Evpatoria, Crimea 97416, Ukraine; and 1, Moryakov Sq, Yevpatoriya, Crimea 97408, Ukraine; and 1 Moryakov Sq., Yevpatoria, Crimea 97416, Ukraine; and 1 Moryakov Sq, Yevpatoriya, Crimea 97416, Ukraine;

    (2) State Enterprise Feodosia Sea Trading Port, a.k.a., the following five aliases:

    —Port of Feodosia; —Seaport of Feodosiya; —Theodosia Commercial Seaport; —Theodosia Merchant Sea Port; and —Theodosia Sea Port.

    14 Gorky Street, Theodosia 98100, Ukraine,; and 14, Gorky Str., Feodosiya, Crimea 98100, Ukraine; and Gorky Street 11, Feodosia, Crimea 98100, Ukraine;

    (3) State Enterprise Kerch Sea Commercial Port, a.k.a., the following six aliases:

    —Kerch Commercial Seaport; —Kerch Merchant Sea Port; —Kerch Sea Port; —Port of Kerch; —Seaport of Kerch; and —State Enterprise Kerch Commercial Sea Port.

    Kirova Street 28, Kerch, Crimea 98312, Ukraine; and 28 Kirova Str., Kerch, Crimea 98312, Ukraine; and 28, Kirov Str., Kerch, Crimea 98312, Ukraine; and Ul. Kirov, 28, Kerch, Crimea 98312, Ukraine; and ul Kirova 28, Kerch 98312, Ukraine;

    (4) State Enterprise Sevastopol Sea Trading Port, a.k.a., the following seven aliases:

    —Port of Sevastopol; —Seaport of Sevastopol; —Sevastopol Commercial Seaport; —Sevastopol Merchant Sea Port; —Sevastopol Sea Port; —Sevastopol Sea Trade Port; and —State Enterprise Sevastopol Commercial Seaport.

    3 Place Nakhimova, Sevastopol 99011, Ukraine; and 5, Nakhimova square, Sevastopol, Crimea 99011, Ukraine; and Nahimova Square 5, Sevastopol, Crimea 99011, Ukraine;

    (5) State Enterprise Yalta Sea Trading Port, a.k.a., the following five aliases:

    —Port of Yalta; —Seaport of Yalta; —Yalta Commercial Seaport; —Yalta Merchant Sea Port; and —Yalta Sea Port.

    Roosevelt Street 3, Yalta, Crimea 98600, Ukraine; and 5, Roosevelt Str., Yalta, Crimea 98600, Ukraine; and 5 Roosevelt Street, Yalta, Crimea 98600, Ukraine; and

    (6) State Shipping Company Kerch Sea Ferry, a.k.a., the following one alias:

    —State Ferry Enterprise Kerch Ferry.

    Tselimbernaya Street 16, Kerch, Crimea, 98307, Ukraine; and 16 Tselibernaya Street, Kerch, Crimea 98307, Ukraine.

    Cyprus

    (1) IPP Oil Products (Cyprus) Limited, 12 Esperidon Street, 4th Floor, Nicosia 1087, Cyprus;

    (2) Rosneft Trade Limited, f.k.a., TNK Trade Limited. Elenion Building 5 Themistokli Dervi, 2nd floor, Lefkosia, Nicosia 1066, Cyprus; and

    (3) Southport Management Services Limited, Nicosia, Cyprus (See also address under United Kingdom).

    Finland

    (1) Airfix Aviation Oy, Tullimiehentie 4-6, Vantaa 01530, Finland (See also address under Switzerland);

    (2) Set Petrochemicals Oy, Ukonvaaja 2 A, Espoo 02130, Finland; and

    (3) Southeast Trading Oy, a.k.a., the following one alias:

    —Southeast Trading LTD.

    Espoo, Finland; and Kannelkatu 8, Lappeenranta 53100, Finland; and PL 148, Lappeenranta 53101, Finland (See also addresses under Romania and Russia).

    Romania

    (1) Southeast Trading Oy, a.k.a., the following one alias:

    —Southeast Trading LTD.

    Bucharest, Romania (See also addresses under Finland and Russia).

    Russia

    (1) CJSC VANKORNEFT, a.k.a., the following two aliases:

    —Vankorneft; and —ZAO Vankorneft.

    Dobrovolcheskoy Brigady St., 15, Krasnoyarsk Territory 660077, Russia;

    (2) Izhevsky Mekhanichesky Zavod JSC, a.k.a., the following one alias:

    —Baikal.

    8 Promyshlennaya Str., Izhevsk 426063, Russia;

    (3) Neft-Aktiv LLC, a.k.a., the following two aliases:

    —OOO Neft-Aktiv; and —RN-Aktiv OOO.

    Ulica Kaluzhskaya M., d., 15, str. 28, Moscow 119071, Russia;

    (4) OJSC Achinsk Refinery, a.k.a., the following two aliases:

    —Achinsk Refinery; and —OAO Achinsk Oil Refinery VNK.

    Achinsk Refinery industrial area, Bolsheuluisky district, Krasnoyarsk territory 662110, Russia;

    (5) OJSC Angarsk Petrochemical Company, a.k.a., the following one alias:

    —Angarsk Refinery.

    Angarsk, Irkutsk region 665830, Russia; and 6 ul. K. Marksa, Angarsk 665830, Russia;

    (6) OJSC Kuybyshev Refinery, a.k.a., the following two aliases:

    —Kuibyshev Refinery; and —OJSC Kuibyshev Refinery.

    25 Groznenskaya st., Samara 443004, Russia;

    (7) OJSC Novokuybyshev Refinery, a.k.a., the following one alias:

    —Novokuibyshevsk Refinery.

    Novokuibyshevsk, Samara region 446207, Russia;

    (8) OJSC Orenburgneft, a.k.a., the following two aliases:

    —OAO JSC Orenburgneft; and —Orenburgneft.

    Magistralnaya St., 2, Buzuluk, the Orenburg Region 461040, Russia; and st. Magistralynaya 2, Buzuluk 461040, Russia;

    (9) OJSC RN Holding, a.k.a., the following one alias:

    —RN Holding OAO.

    60 Oktyabrskaya ul., Uvat 626170, Russia;

    (10) OJSC Samotlorneftegaz, a.k.a., the following two aliases:

    —Samotlorneftegaz; and —Samotlorneftegaz JSC.

    Lenina St. 4, the Tyumen Region, Khanty-Mansiysk, Autonomous District, Nizhnevartovsk 628606, Russia;

    (11) OJSC Syzran Refinery, a.k.a., the following two aliases:

    —Open Joint-Stock Oil and Gas Company Syzran; and —Syzran Refinery.

    1 Astrakhanskaya st., Syzran, Samara region 446009, Russia; and Moskvorechje street 105, Building 8, Moscow 115523, Russia;

    (12) Open Joint Stock Company Kontsern Izhmash, a.k.a., the following one alias:

    —OJSC Kontsern Izhmash.

    3 Deryabin Proezd, Izhevsk, Udmurt Republic 426006, Russia;

    (13) PJSC Verkhnechonskneftegaz, a.k.a., the following two aliases:

    —OJSC Verkhnechonskneftegaz; and —Verkhnechonskneftegaz.

    Baikalskaya St., 295 B, Irkutsk 664050, Russia;

    (14) RN-Komsomolsky Refinery LLC, a.k.a., the following three aliases:

    —Komsomolsk Refinery; —LLC RN-Komsomolsk Refinery; and —RN-Komsomolski NPZ OOO.

    115 Leningradskaya st., Komsomolsk-on-Amur, Khabarovsk region 681007, Russia;

    (15) RN-Yuganskneftegaz LLC, a.k.a., the following two aliases:

    —RN-Yuganskneftegaz OOO; and —Yuganskneftegaz.

    Lenina St., 26, Nefteyugansk, Tyumen Region, 628309, Russia; and

    (16) Southeast Trading Oy, a.k.a., the following one alias:

    —Southeast Trading LTD.

    St. Petersburg, Russia (See also addresses under Finland and Romania).

    Switzerland

    (1) Airfix Aviation Oy, Chemin des Papillons 4, Geneva/Cointrin 1216, Switzerland (See also address under Finland); and

    (2) Rosneft Trading S.A., 2, Rue Place du Lac, 1204, Geneva, Switzerland.

    Ukraine

    (1) Private Joint-Stock Company Mako Holding, a.k.a., the following one alias:

    —Mako Holding.

    Bohdan Khmelnytsky Avenue, Building 102, Voroshilovsky District, Donetsk, Donetsk Oblast 83015, Ukraine.

    United Kingdom

    (1) Southport Management Services Limited, De Castro Street 24, Akara Building, Wickhams Cay 1, Road Town, Tortola, Virgin Islands, British (See also address under Cyprus).

    Clarification to the Entity List for the Crimea Region of Ukraine

    In addition to the changes described above, this final rule revises the reference to “Crimea (occupied)” on the Entity List to conform to how other references in the EAR refer to Crimea, such as section § 746.6 (Crimea region of Ukraine), footnote 8 to the Commerce Country Chart in Supplement No. 1 to Part 738, and footnote 3 to the Country Groups in Supplement No. 1 to Part 740 of the EAR, which all refer to Crimea as the “Crimea region of Ukraine.” Therefore, to conform to those other EAR provisions, this final rule revises the Entity List to change all references of “Crimea (occupied)” to “Crimea region of Ukraine.”

    Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222, as amended by Executive Order 13637.

    Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866.

    2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285.

    3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.

    4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to protect U.S. national security or foreign policy interests by preventing items from being exported, reexported, or transferred (in country) to the persons being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, then the entities being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, publishing a proposed rule would give these parties notice of the U.S. Government's intention to place them on the Entity List and would create an incentive for these persons to either accelerate receiving items subject to the EAR to conduct activities that are contrary to the national security or foreign policy interests of the United States, and/or to take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing on the Entity List once a final rule was published. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.

    5. The Department finds for the change described under the heading Clarification to the Entity List for the Crimea region of Ukraine that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because they are unnecessary. This change included in this final rule is limited to making a conforming change to how the Crimea region of Ukraine is referred to in the EAR. This revision is non-substantive; therefore, providing an additional opportunity for public comment on this correction is unnecessary.

    In addition, BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3) because it will allow the clarification to go into effect immediately, which will reduce the potential for confusion among the public and make sure all members of the public are aware of how BIS interprets these Crimea region of Ukraine provisions as they relate to other EAR provisions.

    List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows:

    PART 744—[AMENDED] 1. The authority citation for 15 CFR part 744 is revised to read as follows: Authority:

    50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

    2. Supplement No. 4 to part 744 is amended: a. By removing “Crimea (occupied)” and adding in its place the destination of “Crimea region of Ukraine” under the Country Column; b. By adding under the newly added Crimea region of Ukraine, in alphabetical order, six entities; c. By adding under Cyprus, in alphabetical order, three Cypriot entities; d. By adding under Finland, in alphabetical order, three Finnish entities; e. By adding in alphabetical order the destination of Romania under the Country Column, and one Romanian entity; f. By adding under Russia, in alphabetical order, sixteen Russian entities; g. By adding in alphabetical order the destination of Switzerland under the Country Column, and two Swiss entities; h. By adding under Ukraine, in alphabetical order, one Ukrainian entity; and i. By adding under the United Kingdom, in alphabetical order, one British entity.

    The additions read as follows:

    Supplement No. 4 to Part 744—Entity List Country Entity License
  • requirement
  • License
  • review policy
  • Federal Register
  • citation
  • *         *         *         *         *         *         * CRIMEA REGION OF UKRAINE  *         *         *         *         *         * State Enterprise Evpatoria Sea Commercial Port, a.k.a., the following eight aliases: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Port of Evpatoria; —Port of Yevpatoria; —Seaport of Yevpatoriya; —Yevpatoria Commercial Seaport; —Yevpatoria Merchant Sea Port; —Yevpatoria Sea Port; —Yevpatoriya Commercial Sea Port; and —Yevpatoriya Sea Port Mariners Square 1, Evpatoria, Crimea 97416, Ukraine; and 1, Moryakov Sq, Yevpatoriya, Crimea 97408, Ukraine; and 1 Moryakov Sq., Yevpatoria, Crimea 97416, Ukraine; and 1 Moryakov Sq, Yevpatoriya, Crimea 97416, Ukraine.  *         *         *         *         *         * State Enterprise Feodosia Sea Trading Port, a.k.a., the following five aliases:
  • —Port of Feodosia;
  • For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —Seaport of Feodosiya; —Theodosia Commercial Seaport; —Theodosia Merchant Sea Port; and —Theodosia Sea Port 14 Gorky Street, Theodosia 98100, Ukraine,; and 14, Gorky Str., Feodosiya, Crimea 98100, Ukraine; and Gorky Street 11, Feodosia, Crimea 98100, Ukraine. State Enterprise Kerch Sea Commercial Port, a.k.a., the following six aliases: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Kerch Commercial Seaport; —Kerch Merchant Sea Port; —Kerch Sea Port; —Port of Kerch; —Seaport of Kerch; and —State Enterprise Kerch Commercial Sea Port Kirova Street 28, Kerch, Crimea 98312, Ukraine; and 28 Kirova Str., Kerch, Crimea 98312, Ukraine; and 28, Kirov Str., Kerch, Crimea 98312, Ukraine; and Ul. Kirov, 28, Kerch, Crimea 98312, Ukraine; and ul Kirova 28, Kerch 98312, Ukraine; State Enterprise Sevastopol Sea Trading Port, a.k.a., the following seven aliases: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Port of Sevastopol; —Seaport of Sevastopol; —Sevastopol Commercial Seaport; —Sevastopol Merchant Sea Port; —Sevastopol Sea Port; —Sevastopol Sea Trade Port; and —State Enterprise Sevastopol Commercial Seaport 3 Place Nakhimova, Sevastopol 99011, Ukraine; and 5, Nakhimova square, Sevastopol, Crimea 99011, Ukraine; and Nahimova Square 5, Sevastopol, Crimea 99011, Ukraine. State Enterprise Yalta Sea Trading Port, a.k.a., the following five aliases:
  • —Port of Yalta;
  • For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —Seaport of Yalta —Yalta Commercial Seaport; —Yalta Merchant Sea Port; and —Yalta Sea Port Roosevelt Street 3, Yalta, Crimea 98600, Ukraine; and 5, Roosevelt Str., Yalta, Crimea 98600, Ukraine; and 5 Roosevelt Street, Yalta, Crimea 98600, Ukraine. State Shipping Company Kerch Sea Ferry, a.k.a., the following one alias:
  • —State Ferry Enterprise Kerch Ferry. Tselimbernaya Street 16, Kerch, Crimea, 98307, Ukraine; and 16 Tselibernaya Street, Kerch, Crimea 98307, Ukraine
  • For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    CYPRUS  *         *         *         *         *         * IPP Oil Products (Cyprus) Limited, 12 Esperidon Street, 4th Floor, Nicosia 1087, Cyprus For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].  *         *         *         *         *         * Rosneft Trade Limited, f.k.a., TNK Trade Limited. Elenion Building 5 Themistokli Dervi, 2nd floor, Lefkosia, Nicosia 1066, Cyprus For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. Southport Management Services Limited, Nicosia, Cyprus (See also address under United Kingdom) For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].  *         *         *         *         *         * *         *         *         *         *         *         * FINLAND Airfix Aviation Oy, Tullimiehentie 4-6, Vantaa 01530, Finland (See also address under Switzerland) For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].  *         *         *         *         *         * Set Petrochemicals Oy, Ukonvaaja 2 A, Espoo 02130, Finland For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. Southeast Trading Oy, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Southeast Trading LTD. Espoo, Finland; and Kannelkatu 8, Lappeenranta 53100, Finland; and PL 148, Lappeenranta 53101, Finland (See also addresses under Romania and Russia)  *         *         *         *         *         * *         *         *         *         *         *         * ROMANIA Southeast Trading Oy, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Southeast Trading LTD. Bucharest, Romania (See also addresses under Finland and Russia) RUSSIA  *         *         *         *         *         *          CJSC VANKORNEFT, a.k.a., the following two aliases: For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Vankorneft; and —ZAO Vankorneft. Dobrovolcheskoy Brigady St., 15, Krasnoyarsk Territory 660077, Russia.  *         *         *         *         *         *          Izhevsky Mekhanichesky Zavod JSC, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Baikal. 8 Promyshlennaya Str., Izhevsk 426063, Russia  *         *         *         *         *         *          Neft-Aktiv LLC, a.k.a., the following two aliases: For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —OOO Neft —Aktiv; and —RN-Aktiv OOO. Ulica Kaluzhskaya M., d., 15, str. 28, Moscow 119071, Russia  *         *         *         *         *         *          OJSC Achinsk Refinery, a.k.a., the following two aliases:
  • —Achinsk Refinery; and
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —OAO Achinsk Oil Refinery VNK. Achinsk Refinery industrial area, Bolsheuluisky district, Krasnoyarsk territory 662110, Russia OJSC Angarsk Petrochemical Company, a.k.a., the following one alias:
  • —Angarsk Refinery. Angarsk, Irkutsk region 665830, Russia; and 6 ul. K. Marksa, Angarsk 665830, Russia
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    OJSC Kuybyshev Refinery, a.k.a., the following two aliases:
  • —Kuibyshev Refinery; and
  • —OJSC Kuibyshev Refinery. 25 Groznenskaya st., Samara 443004, Russia
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    OJSC Novokuybyshev Refinery, a.k.a., the following one alias:
  • —Novokuibyshevsk Refinery. Novokuibyshevsk, Samara region 446207, Russia
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    OJSC Orenburgneft, a.k.a., the following two aliases:
  • —OAO JSC Orenburgneft; and
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —Orenburgneft. Magistralnaya St., 2, Buzuluk, the Orenburg Region 461040, Russia; and st. Magistralynaya 2, Buzuluk 461040, Russia OJSC RN Holding, a.k.a., the following one alias:
  • —RN Holding OAO. 60 Oktyabrskaya ul., Uvat 626170, Russia
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    OJSC Samotlorneftegaz, a.k.a., the following two aliases:
  • —Samotlorneftegaz; and
  • —Samotlorneftegaz JSC. Lenina St. 4, the Tyumen Region, Khanty-Mansiysk, Autonomous District, Nizhnevartovsk 628606, Russia
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    OJSC Syzran Refinery, a.k.a., the following two aliases:
  • —Open Joint-Stock Oil and Gas Company Syzran; and
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —Syzran Refinery. 1 Astrakhanskaya st., Syzran, Samara region 446009, Russia; and Moskvorechje street 105, Building 8, Moscow 115523, Russia Open Joint Stock Company Kontsern Izhmash, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —OJSC Kontsern Izhmash. 3 Deryabin Proezd, Izhevsk, Udmurt Republic 426006, Russia.  *         *         *         *         *         *          PJSC Verkhnechonskneftegaz, a.k.a., the following two aliases:
  • —OJSC Verkhnechonskneftegaz; and
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015.
    —Verkhnechonskneftegaz. Baikalskaya St., 295 B, Irkutsk 664050, Russia;  *         *         *         *         *         *          RN-Komsomolsky Refinery LLC, a.k.a., the following three aliases:
  • —Komsomolsk Refinery;
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —LLC RN-Komsomolsk Refinery; and —RN-Komsomolski NPZ OOO. 115 Leningradskaya st., Komsomolsk-on-Amur, Khabarovsk region 681007, Russia RN-Yuganskneftegaz LLC, a.k.a., the following two aliases:
  • —RN- Yuganskneftegaz OOO; and
  • For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
    —Yuganskneftegaz. Lenina St., 26, Nefteyugansk, Tyumen Region, 628309, Russia  *         *         *         *         *         *          Southeast Trading Oy, a.k.a., the following one alias: For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. —Southeast Trading LTD. St. Petersburg, Russia (See also addresses under Finland and Romania)  *         *         *         *         *         *          SWITZERLAND Airfix Aviation Oy, Chemin des Papillons 4, Geneva/Cointrin 1216 Switzerland (See also address under Finland) For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. Rosneft Trading S.A., 2, Rue Place du Lac, 1204, Geneva, Switzerland For all items subject to the EAR when used in projects specified in § 746.5 of the EAR See § 746.5(b) of the EAR 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. UKRAINE  *         *         *         *         *         *          Private Joint-Stock Company Mako Holding, a.k.a., the following one alias:
  • —Mako Holding. Bohdan Khmelnytsky Avenue, Building 102, Voroshilovsky District, Donetsk, Donetsk Oblast 83015, Ukraine
  • For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015].
     *         *         *         *         *         *          *         *         *         *         *         *         * UNITED KINGDOM  *         *         *         *         *         *          Southport Management Services Limited, De Castro Street 24, Akara Building, Wickhams Cay 1, Road Town, Tortola, Virgin Islands, British (See also address under Cyprus). For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 80 FR [INSERT FR PAGE NUMBER 9/2/2015]. *         *         *         *         *         *         *
    Dated: August 25, 2015. Eric L. Hirschhorn, Under Secretary of Commerce for Industry and Security.
    [FR Doc. 2015-21682 Filed 9-1-15; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9735] RIN 1545-BM89 Administration of Multiemployer Plan Participant Vote on an Approved Suspension of Benefits Under MPRA AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Temporary regulations.

    SUMMARY:

    The Multiemployer Pension Reform Act of 2014 (MPRA) pertains to multiemployer plans that are projected to have insufficient funds, at some point in the future, to pay the full plan benefits to which individuals will be entitled (referred to as plans in “critical and declining status”). The sponsor of such a plan is permitted to reduce the pension benefits payable to plan participants and beneficiaries if certain conditions are satisfied (referred to as a “suspension of benefits”). A suspension of benefits is not permitted to take effect prior to a vote of the participants of the plan with respect to the suspension. This document contains temporary regulations that provide guidance relating to the administration of that vote. These temporary regulations affect active, retired, and deferred vested participants and beneficiaries of multiemployer plans that are in critical and declining status as well as employers contributing to, and sponsors and administrators of, those plans. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking (REG-123640-15) on this subject in the Proposed Rules section of this issue of the Federal Register.

    DATES:

    Effective date: These temporary regulations are effective on September 2, 2015.

    Applicability date: These temporary regulations apply on and after June 17, 2015, and expire on June 15, 2018.

    FOR FURTHER INFORMATION CONTACT:

    The Department of the Treasury MPRA guidance information line at (202) 622-1559 (not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Paperwork Reduction Act

    These temporary regulations are being issued without prior notice and public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). The collection of information contained in these regulations has been reviewed and approved by the Office of Management and Budget under control number 1545-2260.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

    For further information concerning this collection of information, and where to submit comments on the collection of information and the accuracy of the estimated burden, and suggestions for reducing this burden, please refer to the preamble to the cross-referenced notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.

    Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Background

    Section 432(e)(9) of the Internal Revenue Code (Code), as amended by the Multiemployer Pension Reform Act of 2014 (MPRA), permits plan sponsors of certain multiemployer plans to reduce the plan benefits payable to participants and beneficiaries (referred to as a “suspension of benefits”) if specified conditions are satisfied. One key condition is that any such plan must be projected to have insufficient funds, at some point in the future, to pay the full benefits to which individuals will be entitled under the plan (referred to as a plan in “critical and declining status”).

    Under section 432(e)(9)(H), no suspension of benefits may take effect prior to a vote of the participants of the plan with respect to the suspension. Section 432(e)(9)(H) requires that the vote be administered by the Secretary of the Treasury, in consultation with the Pension Benefit Guaranty Corporation and the Secretary of Labor (generally referred to in this preamble as the Treasury Department, PBGC, and Labor Department, respectively), within 30 days after approval of a suspension application. The plan sponsor is required to provide a ballot for a vote (subject to approval by the Treasury Department, in consultation with the PBGC and the Labor Department). The statute specifies information that the ballot must contain, including a statement in opposition to the proposed suspension that is compiled from comments received on the application.

    On June 19, 2015, the Treasury Department and the Internal Revenue Service published temporary regulations (TD 9723) under section 432(e)(9) in the Federal Register (80 FR 35207) (June 2015 temporary regulations). The June 2015 temporary regulations provide general guidance regarding section 432(e)(9) and outline the requirements for a plan sponsor of a plan that is in critical and declining status to apply for a suspension of benefits and for the Treasury Department to begin processing such an application. A notice of proposed rulemaking cross-referencing the temporary regulations (REG-102648-15) was also published in the same issue of the Federal Register (80 FR 35262). Both the June 2015 temporary regulations and the related proposed regulations reflect consideration of comments received in response to the Request for Information on Suspensions of Benefits under the Multiemployer Pension Reform Act of 2014 published in the Federal Register on February 18, 2015 (80 FR 8578) (February 2015 request for information).

    The June 2015 temporary regulations and the related proposed regulations set forth many of the rules relating to the participant vote under section 432(e)(9)(H). However, neither the June 2015 temporary regulations nor the related proposed regulations provide detailed guidance on how the Treasury Department would administer the vote.

    Explanation of Provisions Overview

    These temporary regulations provide guidance relating to the administration of the participant vote required under section 432(e)(9)(H). These temporary regulations reflect consideration of comments received in response to the February 2015 request for information. The Treasury Department consulted with the PBGC and the Labor Department on these temporary regulations.

    A participant vote requires the completion of three steps. First, a package of ballot materials is distributed to eligible voters. Second, the eligible voters cast their votes and the votes are collected and tabulated. Third, the Treasury Department (in consultation with the PBGC and the Labor Department) determines whether a majority of the eligible voters has voted to reject the proposed suspension. The June 2015 temporary regulations define eligible voters as all plan participants and all beneficiaries of deceased participants.

    Under these temporary regulations, the Treasury Department is permitted to designate a service provider or service providers to facilitate the administration of the vote. The service provider may assist in the steps of distributing the ballot package to eligible voters and collecting and tabulating the votes. These temporary regulations provide that if a service provider is designated to collect and tabulate votes, then the service provider will provide the Treasury Department with the report of the results of the vote, which includes a breakdown of the number of eligible voters who voted, the number of eligible voters who voted in support of and to reject the suspension, and certain other information. The Treasury Department will use that information to determine (in consultation with the PBGC and the Labor Department) whether a majority of eligible voters has voted to reject the suspension.

    Distribution of the Ballot Package

    These temporary regulations provide that the ballot package sent to eligible voters includes the approved ballot and a unique identifier for each eligible voter. The unique identifier, which is assigned by the Treasury Department or a designated service provider, is intended to ensure the validity of the vote while maintaining the eligible voters' privacy in the voting process.

    These temporary regulations provide guidance on the plan sponsor's statutory requirement to provide a ballot. Because the ballot for each eligible voter is accompanied by a unique identifier, the plan sponsor cannot itself distribute the ballot. Instead, the plan sponsor is responsible for furnishing a list of eligible voters so that the ballot can be distributed on the plan sponsor's behalf. The list must include the last known mailing address for each eligible voter (except for those eligible voters for whom the last known mailing address is known to be incorrect). The plan sponsor must also provide a list of eligible voters whom the plan sponsor has been unable to locate using reasonable efforts. In addition, the plan sponsor must furnish current electronic mailing addresses for certain eligible voters, who are identified below. The plan sponsor must also furnish the individualized estimates provided to eligible voters as part of the earlier notices described in section 432(e)(9)(F) (or, if an individualized estimate is no longer accurate for an eligible voter, a corrected version of that estimate) so that an individualized estimate can be included with the ballot for each eligible voter. These materials must be provided no later than 7 days after the date the Treasury Department has approved an application for a suspension of benefits.

    Under these temporary regulations, the plan sponsor is responsible for paying all costs associated with the ballot package, including postage. This is because the section 432(e)(9)(H)(iii) requirement that the plan sponsor provide a ballot means that the plan sponsor is responsible for the cost of providing the ballot package to eligible voters, including the costs associated with printing, assembling and mailing those ballot packages.

    These temporary regulations provide that ballot packages will be distributed to eligible voters by first-class U.S. mail. A supplemental copy of the mailed ballot package may also be sent by an electronic communication to an eligible voter who has consented to receive electronic notifications. For example, if the ballot sent by first-class U.S. mail is not received, a supplemental ballot may be provided by electronic mail.

    These temporary regulations provide additional detail on the plan sponsor's duty to communicate with eligible voters. As part of this communication requirement, these temporary regulations provide that the plan sponsor must notify certain eligible voters (using an electronic communication) that the ballot package is being mailed by first-class U.S. mail. The eligible voters who must be notified under this rule are those who received the notice of the proposed suspension under section 432(e)(9)(F) in electronic form and those who regularly receive plan-related electronic communications from the plan sponsor.1 This notification must be sent promptly after the plan sponsor is informed of the ballot distribution date. This notification in electronic form ensures that those eligible voters who ordinarily expect to receive communications from the plan sponsor in electronic form are aware that a ballot package will arrive via first-class U.S. mail. Under these temporary regulations, this notification is sent by the plan sponsor, rather than a service provider, so that the communication comes from a familiar source, which would make it less likely that the communication is delivered to a “spam” or “junk” mail folder.

    1 The plan sponsor is also permitted to send this notification to any other eligible voters for whom the plan sponsor has an electronic mailing address.

    The plan sponsor will have previously made reasonable efforts to contact individuals whose mailed initial notices were returned as undeliverable, and the mailing addresses for the ballot packages that are furnished by the plan sponsor will reflect updates as a result of those reasonable efforts. These temporary regulations require the plan sponsor to make similar reasonable efforts to locate eligible voters after being notified that their ballots were returned as undeliverable.

    Voting by Eligible Voters and Collection and Tabulation of Votes

    In accordance with section 432(e)(9)(H)(ii), these temporary regulations require that the Treasury Department (in consultation with the PBGC and the Labor Department) administer the participant vote no later than 30 days following the date of approval of an application for a suspension of benefits. These temporary regulations interpret the term “administer a vote” to mean that the voting period must begin (but need not end) within the 30-day timeframe. As a result, these temporary regulations require that ballot packages be distributed no later than 30 days after the application has been approved and specify that the voting period begins on the ballot distribution date. Although the temporary regulations allow for distribution of ballot packages up to 30 days following approval of an application for suspension of benefits, it is generally expected that ballot packages will be distributed well before that deadline.

    These temporary regulations specify that the voting period generally will remain open until the 30th day following the date the Treasury Department approves the application for a suspension of benefits. However, the voting period will not close earlier than 21 days after the ballot distribution date. In addition, the Treasury Department (in consultation with the PBGC and the Labor Department) is permitted to specify a later end to the voting period in appropriate circumstances. For example, an extension might be appropriate if, near the end of the original voting period, there are significant technical difficulties with respect to the collection of votes and those technical difficulties are not resolved in time to provide eligible voters with sufficient time to cast their votes.

    These temporary regulations specify that votes must be collected and tabulated using an automated voting system under which each eligible voter must furnish a unique identifier in order to cast a vote. Such a system will be designed to record votes both electronically (through a Web site) and telephonically (through a toll-free number that will accommodate a touch-tone or interactive voice response). This will permit any voter who lacks internet access or, for any reason, is not comfortable voting via a Web site, to cast a vote using a toll-free number. It is expected that the system will provide reasonable support to facilitate eligible voters' use of the system's electronic and telephonic features. These temporary regulations clarify that votes are permitted to be cast using only these methods and that responses returned by any other means are invalid.

    The temporary regulations do not provide for the collection of votes using paper ballots because casting votes using a Web site or a telephonic system will be convenient for participants and will save time and money while providing reliable results. Providing a third voting option by also permitting votes to be cast using paper ballots would require additional time, in order for ballots to be returned by mail and authenticated and counted by hand. Voting by marking and mailing back paper ballots would also entail significant additional costs to process (such as employing additional personnel for processing and providing return postage and envelopes). The temporary regulations therefore reflect the conclusion that the most efficient and fairest approach to implementing the statutory provisions on administration of the vote on an approved suspension of benefits is to provide eligible voters with sufficient time to carefully consider the information furnished to them before casting their votes while seeking to avoid unnecessary time and expense processing those votes once they have been cast. The automated methods of voting, collecting, and tabulating votes set forth in these temporary regulations also have been used by pension plans for other types of elections that involve voting by plan participants (including retirees).

    Determination That a Majority of Eligible Voters Has Voted to Reject the Suspension

    Within 7 days after the end of the voting period, these temporary regulations provide that the Treasury Department (in consultation with the PBGC and the Labor Department) will either certify that a majority of all eligible voters has voted to reject the suspension or, if a majority of eligible voters did not vote to reject the suspension, issue a final authorization to suspend. These temporary regulations permit the Treasury Department (in consultation with the PBGC and the Labor Department) to establish necessary policies and procedures to facilitate the vote. These policies and procedures may include, but are not limited to, establishing a process for an eligible voter to challenge the vote. It is expected that the Treasury Department will resolve any challenges before the conclusion of the 7-day period following the end of the voting period.

    Items Related to the Contents of the Ballot

    Under these temporary regulations, the statement in opposition to the proposed suspension that is compiled from comments received on the application will be prepared by the Labor Department. Under these temporary regulations, this statement in opposition must be written in a manner that is readily understandable to the average plan participant. It is intended that the statement in opposition will be written in a manner to ensure parity with the statement in support of the suspension. If there are no comments in opposition to the proposed suspension, then the statement in opposition will indicate that there were no such comments.

    These temporary regulations provide that a model ballot may be published in the form of a revenue procedure, notice, or other guidance published in the Internal Revenue Bulletin.

    Effective/Applicability Date

    As with the previously published temporary regulations, these regulations apply on and after June 17, 2015, and expire on June 15, 2018.

    Special Analyses

    Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory impact assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. For the applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6) please refer to the Special Analyses section of the preamble to the cross-referenced notice of proposed rulemaking published in the Proposed Rules section in this issue of the Federal Register. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

    Contact Information

    For general questions regarding these temporary regulations, please contact the Department of the Treasury MPRA guidance information line at (202) 622-1559 (not a toll-free number). For information regarding a specific application for a suspension of benefits, please contact the Department of the Treasury at (202) 622-1534 (not a toll-free number).

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Amendments to the Regulations

    Accordingly, 26 CFR part 1 is amended as follows:

    PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Par. 2. Section 1.432(e)(9)-1T(h) is amended by revising paragraph (h)(2) and adding paragraphs (h)(3)(iv) and (v) and (h)(7) and (8) to read as follows:
    § 1.432(e)(9)-1T Benefit suspensions for multiemployer plans in critical and declining status (temporary).

    (h) * * *

    (2) Participant vote—(i) In general. The participant vote described in paragraph (h)(1)(i) of this section requires completion of the following steps—

    (A) Distribution of the ballot package described in paragraph (h)(2)(iii) of this section to the eligible voters;

    (B) Voting by eligible voters and collection and tabulation of the votes, as described in paragraph (h)(2)(iv) of this section; and

    (C) Determination of whether a majority of the eligible voters has voted to reject the suspension, as described in paragraph (h)(2)(v) of this section.

    (ii) Designation of service provider for limited functions. The Secretary of the Treasury is permitted to designate one or more service providers to perform, under the supervision of the Secretary, any of the functions described in paragraphs (h)(2)(i)(A) and (B) of this section. If the Secretary designates a service provider to perform these functions then the service provider will provide the Secretary with a written report of the results of the vote, including (as applicable)—

    (A) The number of ballot packages distributed to eligible voters;

    (B) The number of eligible voters to whom ballot packages have not been provided (because the individuals could not be located);

    (C) The number of eligible voters who voted (specifying the number of affirmative votes and the number of negative votes cast); and

    (D) Any other information that the Secretary requires.

    (iii) Distribution of the ballot package to the eligible voters—(A) Ballot package. The ballot package distributed to each eligible voter shall consist of—

    (1) A ballot, approved under paragraph (h)(3)(iii) of this section, which contains the items described in section 432(e)(9)(H)(iii) and paragraph (h)(3)(i) of this section; and

    (2) A unique identifier assigned to the eligible voter for use in voting.

    (B) Plan sponsor responsibilities—(1) In general. This paragraph (h)(2)(iii)(B) sets forth the responsibilities of the plan sponsor with respect to the distribution of the ballot package to the eligible voters.

    (2) Furnish information regarding eligible voters. No later than 7 days following the date the Secretary of the Treasury has approved an application for a suspension of benefits under paragraph (g) of this section, the plan sponsor must furnish the following—

    (i) A list of all eligible voters;

    (ii) For each eligible voter, the last known mailing address (or, if the plan sponsor has been unable to locate that individual using the standards that apply for purposes of paragraph (f)(1)(i) of this section, an indication that the individual could not be located through reasonable efforts);

    (iii) Current electronic mailing addresses for those eligible voters identified in paragraph (h)(2)(iii)(B)(4) of this section; and

    (iv) The individualized estimates provided to eligible voters as part of the earlier notices described in section 432(e)(9)(F) (or, if an individualized estimate is no longer accurate for an eligible voter, a corrected version of that estimate).

    (3) Communicate with eligible voters. In accordance with section 432(e)(9)(H)(iv) and paragraph (h)(1)(ii) of this section, the plan sponsor is responsible for communicating with eligible voters, which includes—

    (i) Notifying the eligible voters described in paragraph (h)(2)(iii)(B)(4) of this section that a ballot package is being distributed by first-class U.S. mail; and

    (ii) Making reasonable efforts (using the standards that apply for purposes of paragraph (f)(1)(i) of this section) as necessary to locate eligible voters for whom the plan sponsor has received notification that the mailed ballot packages are returned as undeliverable so that ballot packages can be sent to those eligible voters.

    (4) Eligible voters to receive electronic notification. Those eligible voters whom the plan sponsor must notify electronically are—

    (i) Eligible voters who previously received the notice described in paragraph (f) of this section in electronic form (as permitted under paragraph (f)(3)(ii) of this section), and

    (ii) Any other eligible voters who regularly receive plan-related communications from the plan sponsor in electronic form.

    (5) Method of notifying certain eligible voters. The notification described in paragraph (h)(2)(iii)(B)(3)(i) of this section for an eligible voter must be made using the electronic form normally used to send plan-related communications to that voter (or the form used to provide the notice in paragraph (f) of this section, if different). The plan sponsor must send this notification promptly after being informed of the ballot distribution date (within the meaning of paragraph (h)(2)(iii)(D) of this section) and the notification must include the ballot distribution date.

    (6) Pay costs associated with distribution. The plan sponsor is responsible for paying all costs associated with printing, assembling, and distributing the ballot package, including postage.

    (C) Required method of distributing ballot package. Ballot packages must be distributed to eligible voters by first-class U.S. mail. A supplemental copy of the mailed ballot package may also be sent by an electronic communication to an eligible voter who has consented to receive electronic communications.

    (D) Timing. Ballot packages will be distributed to eligible voters no later than 30 days after the Secretary of the Treasury has approved an application for a suspension of benefits under paragraph (g) of this section. The date on which the ballot packages are mailed to the eligible voters is referred to as the ballot distribution date.

    (iv) Collection and tabulation of votes cast by eligible voters—(A) Voting period. The voting period begins on the ballot distribution date. The voting period generally remains open until the 30th day following the date the Secretary of the Treasury has approved an application for a suspension of benefits under paragraph (g) of this section. However, the voting period will not close earlier than 21 days after the ballot distribution date. In addition, the Secretary (in consultation with the PBGC and the Secretary of Labor) may specify a later date to end the voting period in appropriate circumstances.

    (B) Required use of automated voting system. Votes must be cast using an automated voting system that meets the requirements of paragraph (h)(2)(iv)(C) of this section. Votes cast by any other method are invalid.

    (C) Automated voting system. An automated voting system meets the requirements of this paragraph (h)(2)(iv)(C) only if the system—

    (1) Collects votes cast by eligible voters both electronically (through a Web site) and telephonically (through a toll-free number using a touch-tone or interactive voice response); and

    (2) Accepts only votes cast during the voting period by an eligible voter who provides the eligible voter's unique identifier described in paragraph (h)(2)(iii)(A)(2) of this section.

    (D) Policies and procedures. The Secretary of the Treasury (in consultation with the PBGC and the Secretary of Labor) may establish such policies and procedures as may be necessary to facilitate the administration of the vote under this paragraph (h)(2). These policies and procedures may include, but are not limited to, establishing a process for an eligible voter to challenge the vote.

    (v) Determination of whether a majority of the eligible voters has voted to reject the suspension. Within 7 calendar days after the end of the voting period, the Secretary of the Treasury (in consultation with the PBGC and the Secretary of Labor) will—

    (A) Certify that a majority of all eligible voters has voted to reject the suspension that was approved under paragraph (g) of this section, or

    (B) Issue a final authorization to suspend as described in paragraph (h)(6) of this section.

    (3) * * *

    (iv) Statement in opposition to the proposed suspension. The statement in opposition to the proposed suspension that is prepared from comments received on the application, as required under section 432(e)(9)(H)(iii)(II), will be compiled by the Secretary of Labor and will be written in accordance with the rules of paragraph (h)(3)(ii) of this section. If no comments in opposition are received, the statement in opposition to the proposed suspension will include a statement indicating that there were no such comments.

    (v) Model ballot. A model ballot may be published in the form of a revenue procedure, notice, or other guidance published in the Internal Revenue Bulletin.

    (7) Effective/applicability date. Paragraph (h)(2) and paragraphs (h)(3)(iv) and (v) of this section apply on and after June 17, 2015.

    (8) Expiration date. The applicability of paragraph (h)(2) and paragraphs (h)(3)(iv) and (v) of this section expires on June 15, 2018.

    John M. Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: August 25, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
    [FR Doc. 2015-21766 Filed 8-31-15; 11:15 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9733] RIN 1545-BJ49 United States Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in the Active Conduct of a Trade or Business AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Final and temporary regulations.

    SUMMARY:

    This document contains temporary regulations regarding the treatment as United States property of property held by a controlled foreign corporation (CFC) in connection with certain transactions involving partnerships. In addition, the temporary regulations provide rules regarding when a CFC is considered to derive rents and royalties in the active conduct of a trade or business for purposes of determining foreign personal holding company income (FPHCI). These regulations affect United States shareholders of CFCs. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. The final regulations revise and add cross-references to coordinate the application of the temporary regulations.

    DATES:

    Effective Date: These regulations are effective on September 2, 2015.

    Applicability Dates: For dates of applicability, see §§ 1.954-2T(j) and 1.956-1T(g).

    FOR FURTHER INFORMATION CONTACT:

    Rose E. Jenkins, (202) 317-6934 (not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Background

    This document contains amendments to 26 CFR part 1 under of the Internal Revenue Code (Code). Section 956 determines the amount that a United States shareholder (as defined in section 951(b)) of a CFC must include in gross income with respect to the CFC under section 951(a)(1)(B). This amount is determined, in part, based on the average amount of United States property held, directly or indirectly, by the CFC at the close of each quarter during its taxable year. Subject to certain exceptions, United States property generally includes obligations of United States persons that are related to the CFC. Sections 956(c)(1)(C), 956(c)(2)(F), and 956(c)(2)(L). In general, the amount taken into account for section 956 purposes with respect to any United States property is the adjusted basis of the property, reduced by any liability to which the property is subject. See section 956(a) and § 1.956-1(e).

    Section 956(e) grants the Secretary authority to prescribe such regulations as may be necessary to carry out the purposes of section 956, including regulations to prevent the avoidance of section 956 through reorganizations or otherwise. In addition, section 956(d) grants the Secretary authority to prescribe regulations pursuant to which a CFC that is a pledgor or guarantor of an obligation of a United States person is considered to hold the obligation.

    Section 1.956-1T(b)(4) provides in relevant part that, at the District Director's discretion, a CFC will be considered to hold indirectly investments in United States property acquired by any other foreign corporation that is controlled by the CFC if one of the principal purposes for creating, organizing, or funding (through capital contributions or debt) such other foreign corporation is to avoid the application of section 956 with respect to the CFC.

    This document also contains amendments to 26 CFR part 1 under section 954. Section 954 defines foreign base company income (FBCI), which generally is income earned by a CFC that is taken into account in computing the amount that a United States shareholder of the CFC must include in income under section 951(a)(1)(A). FBCI includes FPHCI, as defined in section 954(c), which, in turn, generally includes rents and royalties. Section 954(c)(1)(A). However, rents and royalties are excluded from FPHCI if they are received from a person other than a related person and derived in the active conduct of a trade or business within the meaning of section 954(c)(2)(A) and § 1.954-2(c) and (d) (active rents and royalties exception). Temporary regulations in this document provide guidance on the active rents and royalties exception, including the treatment of cost sharing arrangements for purposes of the exception.

    Explanation of Provisions 1. Modifications of Anti-Avoidance Rule in § 1.956-1T(b)(4) A. Modifications of Existing Rules

    These regulations modify § 1.956-1T(b)(4) so that the rule can also apply when a foreign corporation controlled by a CFC is funded other than through capital contributions or debt. In addition, these temporary regulations add an example involving the funding of one CFC by another CFC that controls it to illustrate the application of the anti-avoidance rule when a principal purpose for funding the first CFC is to avoid the application of section 956 with respect to the funding CFC, even though there would be a section 956 inclusion with respect to the CFC that received the funding. This example illustrates that the CFCs' tax attributes associated with a section 956 inclusion (such as total earnings and profits, previously taxed earnings and profits, and foreign tax credit pools) are taken into account in determining whether a principal purpose of a funding was to avoid the application of section 956 with respect to the funding CFC. In addition, this example makes clear that if a CFC is considered to indirectly hold United States property pursuant to § 1.956-1T(b)(4), then the CFC that actually holds the United States property will not also be considered to hold the property for purposes of section 956. See Example 3 in § 1.956-1T(b)(4)(iv).

    These regulations also modify Example 1 and Example 2 of § 1.956-1T(b)(4) to more closely reflect the language of new § 1.956-1T(b)(4)(iv). The Department of the Treasury (Treasury Department) and the IRS do not view these modifications as a substantive change.

    Moreover, § 1.956-1T(b)(4) applies if “one of the principal purposes” for the transaction is to avoid the application of section 956 with respect to the CFC. These temporary regulations apply when “a principal purpose” for the transaction is to avoid the application of section 956 with respect to the CFC. The Treasury Department and the IRS do not view this modification as a substantive change, since both formulations appropriately reflect that there may be more than one principal purpose for a transaction. Accordingly, § 1.956-1T(b)(4) may be applied if a principal purpose of a transaction is to avoid the application of section 956, even if there also were other principal purposes for the transaction.

    Finally, the Treasury Department and the IRS have concluded that § 1.956-1T(b)(4) should apply without requiring the IRS to exercise its discretion, and, therefore, have modified the rule to be self-executing. This modification, as well as the modification to what constitutes a funding, is consistent with a previous change to a similar rule in § 1.304-4(b). See TD 9477, 74 FR 69021 (Dec. 30, 2009).

    B. New Partnership Rule

    Existing § 1.956-1T(b)(4) applies only to transactions that involve foreign corporations that are controlled by a CFC. The Treasury Department and the IRS understand that taxpayers may be using partnerships to structure transactions that are similar to the types of transactions addressed by § 1.956-1T(b)(4). For example, with a principal purpose of avoiding the application of section 956, a CFC may contribute cash to a partnership in exchange for an interest in the partnership, which in turn lends the cash to a United States shareholder of the CFC. In such a case, a taxpayer may take the position that the CFC is not treated as indirectly holding the entire obligation of the United States shareholder but instead is treated as holding the obligation only to the extent of the CFC's interest in the partnership under § 1.956-2(a)(3).

    These types of partnership transactions raise concerns similar to those that are currently addressed by § 1.956-1T(b)(4). Accordingly, these temporary regulations expand § 1.956-1T(b)(4) to include transactions involving partnerships that are controlled by the CFC. These temporary regulations also contain a coordination rule in § 1.956-1T(b)(4)(iii), which provides that the new partnership rule in § 1.956-1T(b)(4)(i)(C) applies only to the extent that the amount of United States property that a CFC would be treated as holding under the rule exceeds the amount that it would be treated as holding under § 1.956-2(a)(3).

    2. New Rule Governing Foreign Partnership Distributions Funded by CFCs

    The Treasury Department and the IRS also understand that CFCs are engaging in transactions in which a CFC lends funds to a foreign partnership, which then distributes the proceeds from the borrowing to a U.S. partner who is related to the CFC and whose obligation would be United States property if it were held (or treated as held) by the CFC. Alternatively, the CFC could guarantee a loan to a foreign partnership, which then could distribute the loan proceeds to a related U.S. partner. Taxpayers take the position that section 956 does not apply to these transactions even though the CFC's earnings are effectively repatriated to a related U.S. partner.

    In response to these transactions, the temporary regulations add § 1.956-1T(b)(5) to address certain cases in which a CFC funds a foreign partnership (or guarantees a borrowing by a foreign partnership) and the foreign partnership makes a distribution to a U.S. partner that is related to the CFC. For purposes of section 956, § 1.956-1T(b)(5) treats the partnership obligation as an obligation of the distributee partner to the extent of the lesser of the amount of the distribution that would not have been made but for the funding of the partnership or the amount of the foreign partnership obligation. For example, if a related United States shareholder of a CFC has an interest in a foreign partnership, the CFC lends $100 to the partnership, and the partnership distributes $100 to the United States shareholder in a distribution that would not have been made but for the loan from the CFC, then the entire $100 partnership obligation held by the CFC will be treated as an obligation of the United States shareholder that qualifies as United States property. Section 1.956-1T(b)(5) generally has the same purpose and effect as proposed § 1.956-4(c)(3) contained in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register (REG-155164-09) and will be removed upon the finalization of proposed § 1.956-4(c)(3).

    3. Active Rents and Royalties Exception to FPHCI

    Although rents and royalties generally are included in FPHCI under section 954(c)(1)(A), rents and royalties derived in the active conduct of a trade or business and received from a person that is not a related person are excluded from FPHCI under the active rents and royalties exception in section 954(c)(2)(A) and § 1.954-2(b)(6). The section 954 regulations provide the exclusive rules for determining whether rents and royalties are derived in the active conduct of a trade or business for purposes of section 954(c)(2)(A). Specifically, § 1.954-2(c) provides four alternative ways for rents to be derived in the active conduct of a trade or business, and § 1.954-2(d) provides two alternative ways for royalties to be derived in the active conduct of a trade or business. One way for a CFC to derive rents and royalties in the active conduct of a trade or business is to satisfy an “active development” test, which, among other things, requires the CFC to be “regularly engaged” either in the “manufacture or production of, or in the acquisition and addition of substantial value to,” certain property (§ 1.954-2(c)(1)(i), applicable to rents); or in the “development, creation or production of, or in the acquisition of and addition of substantial value to,” certain property (§ 1.954-2(d)(1)(i), applicable to royalties) (collectively, active development tests). Although certain of the alternative ways (specifically, the active management and marketing tests) in which a CFC can satisfy the active rents and royalties exception require that the relevant activities be performed by the CFC's own officers or staff of employees (§ 1.954-2(c)(1)(ii), (iv), and (d)(1)(ii)), the active development tests do not expressly contain this requirement. But see § 1.954-2(d)(3) Example 5 (indicating that royalties received by a CFC that financed independent persons in development activities were not considered derived in the active conduct of a trade or business for purposes of section 954(c)(2)(A)).

    In addition to the active development tests, another way for a CFC to derive rents and royalties in the active conduct of a trade or business is to satisfy an “active marketing” test, which, among other things, requires the CFC to operate in a foreign country an organization that is regularly engaged in the business of marketing, or marketing and servicing, the leased or licensed property, and that is “substantial” in relation to the amount of rents or royalties derived from the leased or licensed property. See § 1.954-2(c)(1)(iv) and (d)(1)(ii). Pursuant to a safe harbor in the regulations, an organization is “substantial” if the active leasing or licensing expenses equal or exceed 25 percent of the adjusted leasing or licensing profits. See § 1.954-2(c)(2)(ii) and (d)(2)(ii). The regulations generally define active leasing expenses and active licensing expenses to mean, subject to certain exceptions, deductions that are properly allocable to rental or royalty income and that would be allowable under section 162 if the CFC were a domestic corporation. See § 1.954-2(c)(2)(iii) and (d)(2)(iii).

    In general, the active rents and royalties exception is intended to distinguish between a CFC that passively receives investment income and a CFC that derives income from the active conduct of a trade or business. See S. Rep. No. 87-1881, 87th Cong., 2d Sess., at 83 (1962). Accordingly, the policy underlying the active rents and royalties exception requires that the CFC itself actively conduct the business that generates the rents or royalties. The Treasury Department and the IRS have determined that, consistent with this policy, the CFC must perform the relevant activities (that is, activities related to the manufacturing, production, development, or creation of, or, in the case of an acquisition, the addition of substantial value to, the property at issue) through its own officers or staff of employees in order to satisfy the active development tests. Thus, § 1.954-2T(c)(1)(i) and (d)(1)(i) expressly provide that the CFC lessor or licensor must perform the required functions through its own officers or staff of employees.

    The Treasury Department and the IRS also have concluded that the policy of the active rents and royalties exception allows the relevant activities undertaken by a CFC through its officers or staff of employees to be performed in more than one foreign country. Thus, § 1.954-2T(c)(1)(iv) and (d)(1)(ii) provide that (i) a CFC's officers or staff of employees may be located in one or more foreign countries; and (ii) an organization that meets the requirements of the active marketing test can be maintained and operated by the officers or staff of employees either in a single foreign country or in multiple foreign countries collectively. Similarly, § 1.954-2T(c)(2)(ii) and (d)(2)(ii) indicate that an organization can be in a single foreign country or in multiple foreign countries collectively for purposes of determining the substantiality of the foreign organization.

    In applying the active development tests and active marketing tests, questions have arisen as to the treatment of cost sharing arrangements under which a person other than the CFC actually conducts relevant activities. Consistent with the policy underlying the active rents and royalties exception that requires the CFC itself to conduct the relevant activities, § 1.954-2T(c)(2)(viii) and (d)(2)(v) clarify that CST Payments and PCT Payments (as defined in § 1.482-7(b)(1)) made by a CFC will not cause the CFC's officers and employees to be treated as undertaking the activities of the controlled participant to which the payments are made. This clarification applies for purposes of the active development tests and the active marketing tests, including for purposes of determining whether an organization that engages in marketing is substantial. Similarly, § 1.954-2T(c)(2)(iii)(E) and (d)(2)(iii)(E) provide that deductions for CST Payments and PCT Payments are excluded from the definition of active leasing expenses and active licensing expenses, respectively. Thus, CST Payments and PCT Payments are not active leasing expenses or active licensing expenses for purposes of determining whether an organization is “substantial” under the safe harbor test.

    4. Effective/Applicability Dates

    The rules in § 1.956-1T(b)(4) described in Part 1 of this preamble apply to taxable years of CFCs ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, with respect to property acquired, including property treated as acquired as the result of a deemed exchange of property pursuant to section 1001, on or after September 1, 2015. The rule in § 1.956-1T(b)(5) described in Part 2 of this preamble applies to taxable years of CFCs ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, in the case of distributions made on or after September 1, 2015. The rules regarding the active development test in §§ 1.954-2T(c)(1)(i) and (d)(1)(i) described in Part 3 of this preamble apply to rents or royalties, as applicable, received or accrued during taxable years of CFCs ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, but only with respect to property manufactured, produced, developed, or created, or, in the case of acquired property, property to which substantial value has been added, on or after September 1, 2015. The rules regarding the active marketing test in §§ 1.954-2T(c)(1)(iv), (c)(2)(ii), (d)(1)(ii), and (d)(2)(ii) described in Part 3 of this preamble, as well as the rules regarding cost-sharing arrangements in §§ 1.954-2T(c)(2)(iii)(E), (c)(2)(viii), (d)(2)(iii)(E), and (d)(2)(v) also described in Part 3 of this preamble, apply to rents or royalties, as applicable, received or accrued during taxable years of CFCs ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, to the extent that such rents or royalties that are received or accrued on or after September 1, 2015. No inference is intended as to the application of the provisions amended by these temporary regulations under current law. The IRS may, where appropriate, challenge transactions, including those described in these temporary regulations and this preamble, under currently applicable Code or regulatory provisions or judicial doctrines.

    Special Analyses

    Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory assessment is not required. It has been determined that sections 553(b) and (d) of the Administrative Procedure Act (5 U.S.C. chapter 5) do not apply to these regulations. For applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6), refer to the cross-referenced notice of proposed rulemaking published elsewhere in this issue of the Federal Register. Pursuant to section 7805(f) of the Internal Revenue Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

    Drafting Information

    The principal authors of these regulations are Barbara E. Rasch and Rose E. Jenkins of the Office of Associate Chief Counsel (International). However, other personnel from the Treasury Department and the IRS participated in their development.

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Amendments to the Regulations

    Accordingly, 26 CFR part 1 is amended as follows:

    PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding entries in numerical order to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Section 1.956-1T also issued under 26 U.S.C. 956(d) and 956(e).

    Par. 2. Section 1.954-2 is amended by: a. Revising paragraphs (c)(1)(i), (c)(1)(iv), and (c)(2)(ii); b. Adding paragraphs (c)(2)(iii)(E) and (c)(2)(viii); c. Revising paragraphs (d)(1)(i) and (ii) and (d)(2)(ii); and d. Adding paragraphs (d)(2)(iii)(E), (d)(2)(v), and (j).

    The revisions and additions read as follows:

    § 1.954-2 Foreign personal holding company income.

    (c) * * *

    (1) * * *

    (i) [Reserved]. For further guidance, see § 1.954-2T(c)(1)(i).

    (iv) [Reserved]. For further guidance, see § 1.954-2T(c)(1)(iv).

    (2) * * *

    (ii) [Reserved]. For further guidance, see § 1.954-2T(c)(2)(ii).

    (iii) * * *

    (E) [Reserved]. For further guidance, see § 1.954-2T(c)(2)(iii)(E).

    (viii) [Reserved]. For further guidance, see § 1.954-2T(c)(2)(viii).

    (d) * * *

    (1) * * *

    (i) [Reserved]. For further guidance, see § 1.954-2T(d)(1)(i).

    (ii) [Reserved]. For further guidance, see § 1.954-2T(d)(1)(ii).

    (2) * * *

    (ii) [Reserved]. For further guidance, see § 1.954-2T(d)(2)(ii).

    (iii) * * *

    (E) [Reserved]. For further guidance, see § 1.954-2T(d)(2)(iii)(E).

    (v) [Reserved]. For further guidance, see § 1.954-2T(d)(2)(v).

    (j) [Reserved]. For further guidance, see § 1.954-2T(j).

    Par. 3. Section 1.954-2T is added to read as follows:
    § 1.954-2T Foreign personal holding company income (temporary).

    (a)(1) through (c)(1) introductory text [Reserved]. For further guidance, see § 1.954-2(a)(1) through (c)(1).

    (i) Property that the lessor, through its own officers or staff of employees, has manufactured or produced, or property that the lessor has acquired and, through its own officers or staff of employees, added substantial value to, but only if the lessor, through its officers or staff of employees, is regularly engaged in the manufacture or production of, or in the acquisition and addition of substantial value to, property of such kind;

    (c)(1)(ii) and (iii) [Reserved]. For further guidance, see § 1.954-2(c)(1)(ii) and (c)(1)(iii).

    (iv) Property that is leased as a result of the performance of marketing functions by such lessor through its own officers or staff of employees located in a foreign country or countries, if the lessor, through its officers or staff of employees, maintains and operates an organization either in such country or in such countries (collectively), as applicable, that is regularly engaged in the business of marketing, or of marketing and servicing, the leased property and that is substantial in relation to the amount of rents derived from the leasing of such property.

    (c)(2)(i) [Reserved]. For further guidance, see § 1.954-2(c)(2)(i).

    (ii) Substantiality of foreign organization. For purposes of paragraph (c)(1)(iv) of this section, whether an organization either in a foreign country or in foreign countries (collectively) is substantial in relation to the amount of rents is determined based on all the facts and circumstances. However, such an organization will be considered substantial in relation to the amount of rents if active leasing expenses, as defined in paragraph (c)(2)(iii) of this section, equal or exceed 25 percent of the adjusted leasing profit, as defined in paragraph (c)(2)(iv) of this section. In addition, for purposes of aircraft or vessels leased in foreign commerce, an organization will be considered substantial if active leasing expenses, as defined in paragraph (c)(2)(iii) of this section, equal or exceed 10 percent of the adjusted leasing profit, as defined in paragraph (c)(2)(iv) of this section. For purposes of paragraphs (c)(1)(iv) and (c)(2) of this section and § 1.956-2(b)(1)(vi), the term aircraft or vessels includes component parts, such as engines that are leased separately from an aircraft or vessel.

    (c)(2)(iii) introductory text through (c)(2)(iii)(D) [Reserved]. For further guidance, see § 1.954-2(c)(2)(iii) through (c)(2)(iii)(D).

    (E) Deductions for CST Payments or PCT Payments (as defined in § 1.482-7(b)).

    (c)(2)(iv) through (c)(2)(vii) [Reserved]. For further guidance, see § 1.954-2(c)(2)(iv) through (c)(2)(vii).

    (viii) Cost sharing arrangements (CSAs). For purposes of paragraphs (c)(1)(i) and (iv) of this section, CST Payments or PCT Payments (as defined in § 1.482-7(b)(1)) made by the lessor to another controlled participant (as defined in § 1.482-7(j)(1)(i)) pursuant to a CSA (as defined in § 1.482-7(a)) do not cause the activities undertaken by that other controlled participant to be considered to be undertaken by the lessor's own officers or staff of employees.

    (c)(3) and (d)(1) introductory text [Reserved]. For further guidance, see § 1.954-2(c)(3) and (d)(1).

    (i) Property that the licensor, through its own officers or staff of employees, has developed, created, or produced, or property that the licensor has acquired and, through its own officers or staff of employees, added substantial value to, but only so long as the licensor, through its officers or staff of employees, is regularly engaged in the development, creation, or production of, or in the acquisition and addition of substantial value to, property of such kind; or

    (ii) Property that is licensed as a result of the performance of marketing functions by such licensor through its own officers or staff of employees located in a foreign country or countries, if the licensor, through its officers or staff of employees, maintains and operates an organization either in such foreign country or in such foreign countries (collectively), as applicable, that is regularly engaged in the business of marketing, or of marketing and servicing, the licensed property and that is substantial in relation to the amount of royalties derived from the licensing of such property.

    (d)(2)(i) [Reserved]. For further guidance, see § 1.954-2(d)(2)(i).

    (ii) Substantiality of foreign organization. For purposes of paragraph (d)(1)(ii) of this section, whether an organization either in a foreign country or in foreign countries (collectively) is substantial in relation to the amount of royalties is determined based on all of the facts and circumstances. However, such an organization will be considered substantial in relation to the amount of royalties if active licensing expenses, as defined in paragraph (d)(2)(iii) of this section, equal or exceed 25 percent of the adjusted licensing profit, as defined in paragraph (d)(2)(iv) of this section.

    (d)(2)(iii) introductory text through (d)(2)(iii)(D) [Reserved]. For further guidance, see § 1.954-2(d)(2)(iii) through (d)(2)(iii)(D).

    (E) Deductions for CST Payments or PCT Payments (as defined in § 1.482-7(b)).

    (d)(2)(iv) [Reserved]. For further guidance, see § 1.954-2(d)(2)(iv).

    (v) Cost sharing arrangements (CSAs). For purposes of paragraphs (d)(1)(i) and (ii) of this section, CST Payments or PCT Payments (as defined in § 1.482-7(b)(1)) made by the licensor to another controlled participant (as defined in § 1.482-7(j)(1)(i)) pursuant to a CSA (as defined in § 1.482-7(a)) do not cause the activities undertaken by that other controlled participant to be considered to be undertaken by the licensor's own officers or staff of employees.

    (d)(3) through (i) [Reserved]. For further guidance, see § 1.954-2(d)(3) through (i).

    (j) Effective/applicability date. Paragraphs (c)(1)(i) and (d)(1)(i) of this section apply to rents or royalties, as applicable, received or accrued during taxable years of controlled foreign corporations ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, but only with respect to property manufactured, produced, developed, or created, or in the case of acquired property, property to which substantial value has been added, on or after September 1, 2015. Paragraphs (c)(1)(iv), (c)(2)(ii), (c)(2)(iii)(E), (c)(2)(viii), (d)(1)(ii), (d)(2)(ii), (d)(2)(iii)(E), and (d)(2)(v) of this section apply to rents or royalties, as applicable, received or accrued during taxable years of controlled foreign corporations ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, to the extent that such rents or royalties are received or accrued on or after September 1, 2015. See §§ 1.954-2(c)(1)(i), (c)(1)(iv), (c)(2)(ii), (c)(2)(iii), (d)(1)(i), (d)(1)(ii), (d)(2)(ii), and (d)(2)(iii), as contained in 26 CFR part 1 revised as of April 1, 2015, for rules applicable to rents or royalties, as applicable, received or accrued before September 1, 2015.

    (k) Expiration date. The applicability of paragraphs (c)(1)(i), (c)(1)(iv), (c)(2)(ii), (c)(2)(iii)(E), (c)(2)(viii), (d)(1)(i), (d)(1)(ii), (d)(2)(ii), (d)(2)(iii)(E), and (d)(2)(v) of this section expires on or before August 31, 2018.

    Par. 4. Section 1.956-1 is amended by: 1. Adding paragraphs (b)(4), (b)(5), (f), and (g)(1) through (3). 2. Redesignating paragraph (e)(6)(vii) as paragraph (g)(4) and revising it.

    The additions and revisions read as follows:

    § 1.956-1 Shareholder's pro rata share of a controlled foreign corporation's increase in earnings invested in United States property.

    (b) * * *

    (4) [Reserved]. For further guidance, see § 1.956-1T(b)(4).

    (5) [Reserved]. For further guidance, see § 1.956-1T(b)(5).

    (f) [Reserved]. For further guidance, see § 1.956-1T(f).

    (g) introductory text through (g)(3) [Reserved]. For further guidance, see § 1.956-1T(g) through (g)(3).

    (4) Paragraph (e)(6) of this section applies to property acquired in exchanges occurring on or after June 24, 2011. For transactions that occur prior to June 24, 2011, see § 1.956-1T(e)(6) as contained in 26 CFR part 1 revised as of April 1, 2011.

    Par. 5. Section 1.956-1T is amended by revising paragraph (b)(4), and adding paragraphs (b)(5), (e)(6), (g), and (h) to read as follows:
    § 1.956-1T Shareholder's pro rata share of a controlled foreign corporation's increase in earnings invested in United States property (temporary).

    (b) * * *

    (4) Certain indirectly held United States property—(i) General rule. For purposes of section 956, United States property held indirectly by a controlled foreign corporation includes—

    (A) United States property held on behalf of the controlled foreign corporation by a trustee or a nominee;

    (B) United States property acquired by any other foreign corporation that is controlled by the controlled foreign corporation if a principal purpose of creating, organizing, or funding by any means (including through capital contributions or debt) the other foreign corporation is to avoid the application of section 956 with respect to the controlled foreign corporation; and

    (C) Property acquired by a partnership that is controlled by the controlled foreign corporation if the property would be United States property if held directly by the controlled foreign corporation, and a principal purpose of creating, organizing, or funding by any means (including through capital contributions or debt) the partnership is to avoid the application of section 956 with respect to the controlled foreign corporation.

    (ii) Control. For purposes of paragraphs (b)(4)(i)(B) and (C) of this section, a controlled foreign corporation controls a foreign corporation or partnership if the controlled foreign corporation and the other foreign corporation or partnership are related within the meaning of or section 707(b). For this purpose, in determining whether two corporations are members of the same controlled group under, a person is considered to own stock owned directly by such person, stock owned for the purposes of, and stock owned with the application of section 267(c).

    (iii) Coordination rule. Paragraph (b)(4)(i)(C) of this section applies only to the extent that the amount of United States property that is treated as held indirectly by a controlled foreign corporation under that paragraph exceeds the amount of United States property that is treated as held by the controlled foreign corporation under § 1.956-2(a)(3).

    (iv) Examples. The following examples illustrate the rules of this paragraph (b)(4). In each example, unless otherwise provided, P is a domestic corporation that wholly owns two controlled foreign corporations, FS1 and FS2.

    Example 1.

    (i) Facts. FS1 sells inventory to FS2 in exchange for trade receivables due in 60 days. Avoiding the application of section 956 with respect to FS1 was not a principal purpose of establishing the trade receivables. FS2 has no earnings and profits and FS1 has substantial accumulated earnings and profits. FS2 makes a loan to P equal to the amount it owes FS1 under the trade receivables. FS2 pays the trade receivables according to their terms.

    (ii) Result. FS1 will not be considered to indirectly hold United States property under this paragraph (b)(4) because the funding of FS2 through the sale of inventory in exchange for the establishment of trade receivables was not undertaken with a principal purpose of avoiding the application of section 956 with respect to FS1.

    Example 2.

    (i) Facts. The facts are the same as in Example 1, except that, with a principal purpose of avoiding the application of section 956 with respect to FS1, FS1 and FS2 agree to defer FS2's payment obligation, and FS2 does not timely pay the receivables.

    (ii) Result. FS1 is considered to hold indirectly United States property under this paragraph (b)(4), because there was a funding of FS2, a principal purpose of which was to avoid the application of section 956 with respect to FS1.

    Example 3.

    (i) Facts. FS1 has $100x of post-1986 undistributed earnings and profits and $100 post-1986 foreign income taxes, but does not have any cash. FS2 has earnings and profits of at least $100x, no post-1986 foreign income taxes, and substantial cash. Neither FS1 nor FS2 has earnings and profits described in section 959(c)(1) or section 959(c)(2). FS2 loans $100x to FS1. FS1 then loans $100x to P. An income inclusion by P of $100x under sections 951(a)(1)(B) and 956 with respect to FS1 would result in foreign income taxes deemed paid by P under section 960. A principal purpose of funding FS1 through the loan from FS2 is to avoid the application of section 956 with respect to FS2.

    (ii) Result. Under paragraph (b)(4)(i)(B) of this section, FS2 is considered to indirectly hold the $100x obligation of P that is held by FS1. As a result, P has an income inclusion of $100x under sections 951(a)(1)(B) and 956 with respect to FS2, and the foreign income taxes deemed paid by P under section 960 is $0. P does not have an income inclusion under sections 951(a)(1)(B) and 956 with respect to FS1 related to the $100x loan from FS1 to P.

    Example 4.

    (i) Facts. FS1 has substantial earnings and profits. P and FS1 are the only partners in a foreign partnership, FPRS. FS1 contributes $600x cash to FPRS in exchange for a 60% interest in the partnership, and P contributes real estate located outside the United States ($400x value) to FPRS in exchange for a 40% interest in the partnership. There are no special allocations in the FPRS partnership agreement. FPRS lends $100x to P. Under § 1.956-2(a)(3), FS1 is treated as holding United States property of $60x (60% × $100x) as a result of the FPRS loan to P. A principal purpose of creating, organizing, or funding FPRS is to avoid the application of section 956 with respect to FS1.

    (ii) Result. Before taking into account paragraph (b)(4)(iii) of this section, because FS1 controls FPRS and a principal purpose of creating, organizing, or funding FPRS was to avoid the application of section 956 with respect to FS1, FS1 is considered under paragraph (b)(4)(i)(C) of this section to indirectly hold the $100x obligation of P that would be United States property if held directly by FS1. However, under paragraph (b)(4)(iii) of this section, FS1 is treated as holding United States property under paragraph (b)(4)(i)(C) only to the extent the amount held indirectly under paragraph (b)(4)(i)(C) of this section exceeds the amount of United States property that FS1 is treated as holding under § 1.956-2(a)(3). The amount of United States property that FS1 is treated as indirectly holding under paragraph (b)(4)(i)(C) of this section ($100x) exceeds the amount determined under § 1.956-2(a)(3) ($60x) by $40x. Thus, FS1 is considered to hold United States property within the meaning of section 956(c) in the amount of $100x ($60x under § 1.956-2(a)(3) and $40x under paragraphs (b)(4)(i)(C) and (b)(4)(iii) of this section).

    (5) Certain foreign partnership distributions funded by CFCs—(i) General rule. For purposes of section 956, an obligation of a foreign partnership that is held (or that would be treated as held under § 1.956-2(c) if the obligation were an obligation of a United States person) by a controlled foreign corporation is treated as a separate obligation of a partner in the partnership when—

    (A) The foreign partnership distributes an amount of money or property to the partner;

    (B) The foreign partnership would not have made the distribution but for a funding of the partnership through the obligation; and

    (C) The partner is related to the controlled foreign corporation within the meaning of section 954(d)(3).

    (ii) Amount of obligation. Notwithstanding § 1.956-1(e), the amount that is treated as an obligation of the distributee partner pursuant to paragraph (b)(5)(i) of this section is equal to the lesser of the amount of the partnership distribution that would not have been made but for the funding of the partnership or the amount (as determined under § 1.956-1(e)) of the obligation of the foreign partnership that is held (or that would be treated as held under § 1.956-2(c) if the obligation were an obligation of a United States person) by the controlled foreign corporation.

    (iii) Example. (A) Facts. P, a domestic corporation, wholly owns FS, a controlled foreign corporation. P owns a 70% interest in FPRS, a foreign partnership. A domestic corporation that is unrelated to P and FS owns the remaining 30% interest in FPRS. FPRS borrows $100x from FS, and distributes $80x to P. FPRS would not have made the distribution to P but for the funding by FS.

    (B) Result. Under paragraph (b)(5)(i) of this section, a portion of the obligation of FPRS that FS holds is treated as an obligation of P, which constitutes United States property, because FPRS made a distribution to P that FPRS would not have made but for the funding of FPRS through the obligation held by FS. Under paragraph (b)(5)(ii) of this section, the amount that is treated as an obligation of P is the lesser of the amount of the distribution, $80x, or the amount of the entire obligation of FPRS held by FS, $100x. For purposes of section 956, therefore, on the date the loan to FPRS is made, FS is considered to hold United States property of $80x.

    (e)(6) [Reserved]. For further guidance, see § 1.956-1(e)(6).

    (g) Effective/applicability date. (1) Paragraph (b)(4) of this section applies to taxable years of controlled foreign corporations ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, with respect to property acquired on or after September 1, 2015. See paragraph (b)(4) of § 1.956-1T, as contained in 26 CFR part 1 revised as of April 1, 2015, for the rules applicable to taxable years of controlled foreign corporations ending before September 1, 2015 and property acquired before September 1, 2015. For purposes of this paragraph (g)(1), a deemed exchange of property pursuant to section 1001 on or after September 1, 2015 constitutes an acquisition of the property on or after that date.

    (2) Paragraph (b)(5) of this section applies to taxable years of controlled foreign corporations ending on or after September 1, 2015, and to taxable years of United States shareholders in which or with which such taxable years end, in the case of distributions made on or after September 1, 2015.

    (3) [Reserved].

    (4) [Reserved]. For further guidance, see § 1.956-1(g)(4).

    (h) Expiration date. The applicability of paragraphs (b)(4) and (b)(5) of this section expires on or before August 31, 2018.

    Approved: July 30, 2015. John Dalrymple, Deputy Commissioner for Services and Enforcement. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
    [FR Doc. 2015-21574 Filed 9-1-15; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF JUSTICE Parole Commission 28 CFR Part 2 [Docket No. UPSC 2014-01] Paroling, Recommitting and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes AGENCY:

    United States Parole Commission, Justice.

    ACTION:

    Final rule.

    SUMMARY:

    The United States Parole Commission is revising its rules pertaining to decisions to revoke terms of supervision without a revocation hearing. The rule allows for a releasee charged with administrative violations or specifically identified misdemeanor crimes to apply for a prison sanction of 8 months or less. If a releasee qualifies and applies for a sanction under this section, the Commission may approve a revocation decision that includes no more than 8 months of imprisonment without using its normal guidelines for decision-making

    DATES:

    Effective September 2, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Stephen J. Husk, Case Operations Administrator U.S. Parole Commission, 90 K Street NE., Washington, DC 20530, telephone (202) 346-7061. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the phone.

    SUPPLEMENTARY INFORMATION:

    Background

    In the notice of proposed rulemaking published at 79 FR 47603-47605, we discussed the possible revision of our rules pertaining to decisions to revoke terms of supervision without a revocation hearing for persons charged with only administrative violations or specifically identified misdemeanor crimes. We refer you to the previous publication for a review of the background material. In the notice of proposed rulemaking, we encouraged the public to comment on our proposed changes and we received two written comments from interested persons and/or organizations. However, only one public comment, submitted by the Public Defender Service for the District of Columbia, suggested modifications to the proposed rule.

    Public Comment From the Public Defender Service for the District of Columbia (PDS)

    PDS recommends that we develop a new risk assessment tool to be applied to all residents of the District of Columbia. While we may review the effectiveness of risk assessment tools used for all cases under our jurisdiction, we believe that the final rule for special procedures for swift and short-term sanctions should be extended only to those persons who commit low level violations of supervision.

    Paragraph (d)(3) of the proposed rule stated that, notwithstanding our general policy, when revoking supervised release for administrative violations under this paragraph, we may impose new terms of supervised release that are less than the maximum authorized term. PDS recommends that we provide training to our Hearing Examiners to impose shorter terms of supervision even when revoking supervised release for other types of violations.

    Based on the comments, the final rule omits the language from paragraph (d)(3) of the proposed rule. We are permitted to impose periods of supervised release that are less than the maximum authorized term for all supervised release violators. Therefore, the language from paragraph (d)(3) of the proposed rule is unnecessary and inaccurately implies that we are not permitted to impose shorter periods of supervised release when revoking for other types of violations.

    PDS suggests that the inclusion of the proposed rule under the section entitled Revocation Decision Without a Hearing inaccurately implies that a person sanctioned under this paragraph is waiving any type of hearing and not just a revocation hearing. We believe that the proposed rule was included in the correct section. All other processes for revocation without a hearing outlined in § 2.66 refer to persons that waive a revocation hearing after a probable cause determination has been made. The procedures set forth in paragraph (d) are the same in that regard.

    PDS expressed a concern that persons arrested outside the District of Columbia will not receive legal advice when deciding to apply for a sanction under paragraph (d)(1) of the proposed rule. Because all alleged violators of supervision are provided with the right to request an attorney at the probable cause proceeding, we are satisfied that all alleged violators who qualify for sanction under this paragraph will be provided with an attorney if they want one.

    The proposed rule allows for a prison sanction of “no more than 8 months” for persons sentenced pursuant to § 2.66(d). During the pilot project that preceded publishing of the proposed rule, we issued policy statements to guide our Hearing Examiners as to the expected length of the prison term within the 8 month range. The policy statements provided a guide as to the length of the prison sanction based solely on the type of administrative violation that had occurred. However, the policy statements were not included in the proposed rule. PDS commented that failure to include these policy statements is inherently unfair because it punishes all administrative violations the same.

    We have determined that it is not necessary to include the policy statements in the final rule. We have decided over 1,000 cases under these procedures since the pilot project began in 2012. A review of the data for those cases showed that we were not following the policy statements in a high number of cases. When the length of the prison term differed from what was suggested by the policy statements, the term was usually shorter than what was suggested. This included the decision to sentence over 200 alleged violators who had absconded from supervision to time served despite the policy statement that suggested that they serve between 5 and 8 months. There are a number of factors other than the type of violation that we consider in determining the length of a prison sanction. Based on our extensive experience in sanctioning alleged violators during the pilot project, we believe we can fairly consider all persons that qualify for a sanction under this section without using policy statements that are based solely on the type of administrative violation that has occurred.

    PDS requested that the Commission eliminate or modify the requirement in paragraph (d)(1)(v) of the proposed rule that an alleged violator cannot be sanctioned twice under this section. We find this to be an appropriate requirement and consistent with the alleged violator's agreement to modify his or her non-compliant behavior to successfully complete any remaining period of supervision as indicated in (d)(1)(iv).

    The proposed rule did not include any method for an alleged violator to ask the Commission to reconsider a decision to disapprove a sanction under this paragraph or to approve a sanction that is greater than recommended by a Hearing Examiner. It also did not require a Commissioner, when disapproving a case that qualifies, to provide a written explanation. PDS requested that the final rule include these procedures.

    We have determined that these procedures are not necessary. To be sanctioned under this paragraph, an alleged violator must agree to a sanction of “no more than 8 months.” Thus, we do not believe it is appropriate to allow that same individual the right to petition the Commission to reconsider a decision that is within the scope of the written agreement. Also, a decision not to approve an alleged violator for a sanction under this paragraph only means that the Commission has decided that a revocation hearing will be conducted. If the alleged violator is not satisfied with the result of that hearing, he or she has the right to appeal the decision.

    Executive Orders 12866 and 13563

    This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulation Planning and Review,” section 1(b), Principles of Regulation, and in accordance with Executive Order 13565, “Improving Regulation and Regulatory Review,” section 1(b), General Principles of Regulation. The Commission has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget.

    Executive Order 13132

    This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, this rule does not have sufficient federalism implications requiring a Federalism Assessment.

    Regulatory Flexibility Act

    The rule will not have a significant economic impact upon a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

    Unfunded Mandates Reform Act of 1995

    The rule will not cause State, local, or tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. No action under the Unfunded Mandates Reform Act of 1995 is necessary.

    Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E—Congressional Review Act)

    These rule is not a “major rule” as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E—Congressional Review Act, now codified at 5 U.S.C. 804(2). The rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on the ability of United States-based companies to compete with foreign-based companies. Moreover, this is a rule of agency practice or procedure that does not substantially affect the rights or obligations of non-agency parties, and does not come within the meaning of the term “rule” as used in Section 804(3)(C), now codified at 5 U.S.C. 804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

    List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and parole.

    The Final Rule

    Accordingly, the U.S. Parole Commission adopts the following amendments to 28 CFR part 2.

    PART 2—[AMENDED] 1. The authority citation for 28 CFR part 2 continues to read as follows: Authority:

    18 U.S.C. 4203(a)(1) and 4204(a)(6).

    2. In § 2.66, add paragraph (d) to read as follows:
    § 2.66 Revocation decision without hearing.

    (d) Special procedures for swift and short-term sanctions for administrative violations of supervision. (1) An alleged violator may, at the time of the probable cause hearing or preliminary interview, waive the right to a revocation hearing and apply in writing for an immediate prison sanction of no more than 8 months. Notwithstanding the reparole guidelines at § 2.21, the Commission will consider such a sanction if—

    (i) The releasee has not already postponed the initial probable cause hearing/preliminary interview by more than 30 days;

    (ii) The charges alleged by the Commission do not include a violation of the law;

    (iii) The releasee has accepted responsibility for the violations;

    (iv) The releasee has agreed to modify the non-compliant behavior to successfully complete any remaining period of supervision; and

    (v) The releasee has not already been sanctioned pursuant to this paragraph (d)(1).

    (2) A sanction imposed pursuant to paragraph (d)(1) of this section may include any other action authorized by § 2.52, § 2.105, or § 2.218.

    (3) Any case not approved by the Commission for a revocation sanction pursuant to paragraph (d)(1) of this section shall receive the normal revocation hearing procedures including the application of the guidelines at § 2.21.

    Note to paragraph (d). For purpose of paragraph (d)(1) of this section only, the Commission will consider the sanctioning of the following crimes as administrative violations if they have been charged only as misdemeanors:

    1. Public Intoxication 2. Possession of an Open Container of Alcohol 3. Urinating in Public 4. Traffic Violations 5. Disorderly Conduct/Breach of Peace 6. Driving without a License or with a revoked/suspended license 7. Providing False Information to a Police Officer 8. Loitering 9. Failure to Pay court ordered support (i.e. child support/alimony) 10. Solicitation/Prostitution 11. Resisting Arrest 12. Reckless Driving 13. Gambling 14. Failure to Obey a Police Officer 15. Leaving the Scene of an Accident (only if no injury occurred)- 16. Hitchhiking 17. Vending without a License 18. Possession of Drug Paraphernalia (indicating purpose of personal use only) 19. Possession of a Controlled Substance (for personal use only)
    Dated: August 17, 2015. J. Patricia Wilson Smoot, Chairman, United States Parole Commission.
    [FR Doc. 2015-21094 Filed 9-1-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Parts 7, 18, 44, 46, 48, 49, 56, 57, 70, 71, 72, 74, 75, and 90 MSHA Headquarters, Pittsburgh Safety and Health Technology Center, and Respirable Dust Processing Laboratory Address Changes AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Final rule; technical amendment.

    SUMMARY:

    The Mine Safety and Health Administration (MSHA) is amending its published regulations that include the Agency's addresses. MSHA relocated its Headquarters offices and also will discontinue renting the Post Office boxes it uses for mail delivery to the Pittsburgh Safety and Health Technology Center and Respirable Dust Processing Laboratory. In addition, MSHA is amending the incorporation by reference language in some of its regulations to include current addresses, telephone numbers, and internet addresses.

    DATES:

    Effective Date: September 2, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Sheila A. McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693-9441 (facsimile). These are not toll-free numbers.

    SUPPLEMENTARY INFORMATION:

    On June 15, 2015, MSHA moved its Headquarters offices from 1100 Wilson Boulevard, Arlington, VA 22209-3939 to 201 12th Street South, Arlington, VA 22202-5452. MSHA is amending its regulations to include MSHA's new address.

    MSHA is also amending its regulations to update the mailing address of MSHA's Office of Technical Support, Pittsburgh Safety and Health Technology Center. MSHA will discontinue renting the Post Office boxes it uses for mail delivery. The mailing address for the Pittsburgh Safety and Health Technology Center's Respirable Dust Processing Laboratory is 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611. The mailing address to submit seal design applications for approval by the Pittsburgh Safety and Health Technology Center is 626 Cochrans Mill Road, Building 151, Pittsburgh, PA 15236-3611.

    In addition, MSHA made other non-substantive changes to correct inaccurate names: §§ 48.3, 48.23, and 48.32 contain a non-substantive change to the name of the Administrator for Metal and Nonmetal Mine Safety and Health; §§ 7.505, 56.2, 57.2, and 75.301 contain a non-substantive change to the name of the Office of Standards, Regulations, and Variances; and §§ 49.3, 49.4, and 49.8 contain a non-substantive change to remove an obsolete or inapplicable name.

    MSHA is also amending previously approved incorporation by reference (IBR) language in some MSHA regulations. The amendments conform to current Office of the Federal Register (OFR) format requirements for an IBR regarding publisher addresses, telephone numbers, and internet addresses, and include contact information for the National Archives and Records Administration (NARA).

    This technical amendment is a procedural “rule” under 5 U.S.C. 551(4), and is not subject to the notice-and-comment rulemaking requirements in 5 U.S.C. 553. This action also does not constitute a “regulatory action” subject to Executive Order 12866. Accordingly, the regulations in 30 CFR parts 7, 18, 44, 46, 48, 49, 56, 57, 70, 71, 72, 74, 75, and 90 are amended to include updated information.

    List of Subjects 30 CFR Part 7

    Explosives, Incorporation by reference, Mine safety and health, Reporting and recordkeeping requirements, Research.

    30 CFR Part 18

    Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 44

    Administrative practice and procedure, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 46

    Education, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 48

    Education, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 49

    Education, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 56

    Chemicals, Electric power, Explosives, Fire prevention, Hazardous substances, Incorporation by reference, Metals, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 57

    Chemicals, Electric power, Explosives, Fire prevention, Gases, Hazardous substances, Incorporation by reference, Metals, Mine safety and health, Radiation protection, Reporting and recordkeeping requirements.

    30 CFR Part 70

    Incorporation by reference, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 71

    Hazardous substances, Incorporation by reference, Mine safety and health, Reporting and recordkeeping requirements, Water supply.

    30 CFR Part 72

    Coal, Incorporation by reference, Mine safety and health.

    30 CFR Part 74

    Incorporation by reference, Mine safety and health, Occupational safety and health.

    30 CFR Part 75

    Communications equipment, Electric power, Emergency medical services, Explosives, Fire prevention, Incorporation by reference, Mine safety and health, Reporting and recordkeeping requirements.

    30 CFR Part 90

    Black lung benefits, Incorporation by reference, Mine safety and health, Reporting and recordkeeping requirements.

    Dated: August 19, 2015. Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health.

    For the reasons set out in the preamble, and under the authority of the Federal Mine Safety and Health Act of 1977, as amended, MSHA is amending chapter I of title 30 of the Code of Federal Regulations as follows:

    PART 7—TESTING BY APPLICANT OR THIRD PARTY 1. The authority citation for part 7 continues to read as follows: Authority:

    30 U.S.C. 957.

    2. Section 7.505 is amended by revising paragraph (b)(6) to read as follows:
    § 7.505 Structural components.

    (b) * * *

    (6) A test shall be conducted to demonstrate that each structure resists puncture and tearing when tested in accordance with ASTM D2582-07 “Standard Test Method for Puncture-Propagation Tear Resistance of Plastic Film and Thin Sheeting.” This publication is incorporated by reference. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be obtained from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. A copy may be inspected at any MSHA Coal Mine Safety and Health District Office; or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    PART 18—ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES 3. The authority citation for part 18 continues to read as follows: Authority:

    30 U.S.C. 957, 961.

    4. Section 18.82 is amended by revising the second sentence of paragraph (a) to read as follows:
    § 18.82 Permit to use experimental electric face equipment in a gassy mine or tunnel.

    (a) * * * The user shall submit a written application to the Assistant Secretary of Labor for Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452, and send a copy to the U.S. Department of Labor, Mine Safety and Health Administration, Approval and Certification Center, 765 Technology Drive, Triadelphia, WV 26059.

    PART 44—RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS 5. The authority citation for part 44 continues to read as follows: Authority:

    30 U.S.C. 957.

    6. In § 44.10, revise the second sentence to read as follows:
    § 44.10 Filing of petition; service.

    * * * All petitions must be in writing and must be filed with the Director, Office of Standards, Regulations, and Variances, Mine Safety and Health Administration, 201 12th Street South, Arlington, VA 22202-5452. * * *

    7. Section 44.21 is amended by revising the third sentence in paragraph (a) to read as follows:
    § 44.21 Filing and form of documents.

    (a) * * * While the petition is before the Assistant Secretary at any stage of the proceeding, all documents should be filed with the Assistant Secretary of Labor for Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452.

    PART 46—TRAINING AND RETRAINING OF MINERS ENGAGED IN SHELL DREDGING OR EMPLOYED AT SAND, GRAVEL, SURFACE STONE, SURFACE CLAY, COLLOIDAL PHOSPHATE, OR SURFACE LIMESTONE MINES 8. The authority citation for part 46 continues to read as follows: Authority:

    30 U.S.C. 811, 825.

    9. Section 46.2 is amended by revising paragraph (d)(1)(iii) to read as follows:
    § 46.2 Definitions.

    (d)(1) * * *

    (iii) A person who began employment as a miner after April 14, 1999, but before October 2, 2000, and who has received new miner training under § 48.25 of this chapter or under proposed requirements published April 14, 1999, which are available from the Office of Standards, Regulations, and Variances, MSHA, 201 12th Street South, Arlington, VA 22202-5452; or,

    10. Section 46.3 is amended by revising the first sentence in paragraph (h) to read as follows:
    § 46.3 Training plans.

    (h) If you, miners, or miners' representatives wish to appeal a decision of the Regional Manager, you must send the appeal, in writing, to the Director for Educational Policy and Development, MSHA, 201 12th Street South, Arlington, VA 22202-5452, within 30 calendar days after notification of the Regional Manager's decision. * * *

    PART 48—TRAINING AND RETRAINING OF MINERS 11. The authority citation for part 48 continues to read as follows: Authority:

    30 U.S.C. 811, 825.

    12. Section 48.3 is amended by revising the third sentence in paragraph (i) to read as follows:
    § 48.3 Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors.

    (i) * * * A decision by the District Manager to revoke an instructor's approval may be appealed by the instructor to the Administrator for Coal Mine Safety and Health or Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 201 12th Street South, Arlington, VA 22202-5452. * * *

    13. Section 48.12 is amended by revising paragraph (a) to read as follows:
    § 48.12 Appeals procedures.

    (a) In the event an operator, miner, or miners' representative decides to appeal a decision by a District Manager, such an appeal shall be submitted, in writing, to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 201 12th Street South, Arlington, VA 22202-5452, within 30 days of notification of the District Manager's decision.

    14. Section 48.23 is amended by revising the third sentence in paragraph (i) to read as follows:
    § 48.23 Training plans; time of submission; where filed; information required; time for approval; method for disapproval; commencement of training; approval of instructors.

    (i) * * * A decision by the District Manager to revoke an instructor's approval may be appealed by the instructor to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 201 12th Street South, Arlington, VA 22202-5452. * * *

    15. Section 48.32 is amended by revising paragraph (a) to read as follows:
    § 48.32 Appeals procedures.

    (a) In the event an operator, miner, or miners' representative decides to appeal a decision by the District Manager, such an appeal shall be submitted, in writing, to the Administrator for Coal Mine Safety and Health or the Administrator for Metal and Nonmetal Mine Safety and Health, as appropriate, MSHA, 201 12th Street South, Arlington, VA 22202-5452, within 30 days of notification of the District Manager's decision.

    PART 49—MINE RESCUE TEAMS 16. The authority citation for part 49 continues to read as follows: Authority:

    30 U.S.C. 811, 825(e).

    17. Section 49.3 is amended by revising the second sentence of paragraph (h)(2) to read as follows:
    § 49.3 Alternative mine rescue capability for small and remote mines.

    (h) * * *

    (2) * * * The operator may appeal this decision in writing to the Administrator for Metal and Nonmetal Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452.

    18. Section 49.4 is amended by revising the second sentence of paragraph (i)(2) to read as follows:
    § 49.4 Alternative mine rescue capability for special mining conditions.

    (i) * * *

    (2) * * * The operator may appeal this decision in writing to the Administrator for Metal and Nonmetal Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452.

    19. Section 49.8 is amended by revising the third sentence of paragraph (e) to read as follows:
    § 49.8 Training for mine rescue teams.

    (e) * * * The affected instructor may appeal the decision of the District Manager by writing to the Administrator for Metal and Nonmetal Mine Safety and Health, MSHA, 201 12th Street South, Arlington, VA 22202-5452. * * *

    PART 56—SAFETY AND HEALTH STANDARDS—SURFACE METAL AND NONMETAL MINES 20. The authority citation for part 56 continues to read as follows: Authority:

    30 U.S.C. 811.

    21. In § 56.2, revise the definition for “Laminated partition” to read as follows:
    § 56.2 Definitions.

    Laminated partition means a partition composed of the following material and minimum nominal dimensions: 1/2-inch-thick plywood, 1/2-inch-thick gypsum wallboard, 1/8-inch-thick low carbon steel, and 1/4-inch-thick plywood, bonded together in that order (IME-22 Box). A laminated partition also includes alternative construction materials described in the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    22. Section 56.6133 is amended by revising paragraph (b) to read as follows:
    § 56.6133 Powder chests.

    (b) Detonators shall be kept in chests separate from explosives or blasting agents, unless separated by 4 inches of hardwood or equivalent, or a laminated partition. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    23. Section 56.6201 is amended by revising paragraphs (a)(2) and (b)(2) to read as follows:
    § 56.6201 Separation of transported explosive material.

    (a) * * *

    (2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No.22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (b) * * *

    (2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of IME Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    24. Section 56.14130 is amended by revising paragraph (j) to read as follows:
    § 56.14130 Roll-over protective structures (ROPS) and seat belts.

    (j) Publications. The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; http://www.sae.org.

    25. Section 56.14131 is amended by revising paragraph (d) to read as follows:
    § 56.14131 Seat belts for haulage trucks.

    (d) The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; http://www.sae.org.

    PART 57—SAFETY AND HEALTH STANDARDS—UNDERGROUND METAL AND NONMETAL MINES 26. The authority citation for part 57 continues to read as follows: Authority:

    30 U.S.C. 811.

    27. In § 57.2, revise the definition for “Laminated partition” to read as follows:
    § 57.2 Definitions.

    Laminated partition means a partition composed of the following material and minimum nominal dimensions: 1/2-inch-thick plywood, 1/2-inch-thick gypsum wallboard, 1/8-inch-thick low carbon steel, and 1/4-inch-thick plywood, bonded together in that order (IME-22 Box). A laminated partition also includes alternative construction materials described in the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    28. Section 57.6133 is amended by revising paragraph (b) to read as follows:
    § 57.6133 Powder chests.

    (b) Detonators shall be kept in chests separate from explosives or blasting agents, unless separated by 4 inches of hardwood or equivalent, or a laminated partition. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    29. Section 57.6201 is amended by revising paragraphs (a)(2) and (b)(2) to read as follows:
    § 57.6201 Separation of transported explosive material.

    (a) * * *

    (2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of the Institute of Makers of Explosives (IME) Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (b) * * *

    (2) Separated from explosives or blasting agents by 4 inches of hardwood or equivalent, or a laminated partition. The hardwood or equivalent shall be fastened to the vehicle or conveyance. When a laminated partition is used, operators must follow the provisions of IME Safety Library Publication No. 22, “Recommendations for the Safe Transportation of Detonators in a Vehicle with Other Explosive Materials” (May 1993), and the “Generic Loading Guide for the IME-22 Container” (October 1993). The IME is located at 1120 19th Street NW., Suite 310, Washington, DC 20036-3605; 202-429-9280; https://www.ime.org. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at all Metal and Nonmetal Mine Safety and Health District Offices, or available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    30. Section 57.14130 is amended by revising paragraph (j) to read as follows:
    § 57.14130 Roll-over protective structures (ROPS) and seat belts for surface equipment.

    (j) Publications. The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; http://www.sae.org.

    31. Section 57.14131 is amended by revising paragraph (d) to read as follows:
    § 57.14131 Seat belts for surface haulage trucks.

    (d) The incorporation by reference of these publications is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be examined at any Metal and Nonmetal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be purchased from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096-0001; 724-776-4841; http://www.sae.org.

    32. Section 57.22005 is amended by revising the first sentence in paragraph (b) to read as follows:
    § 57.22005 Notice and appeal of placement or change in placement.

    (b) The mine operator or representative of miners may obtain review of the Administrator's determination by filing a request for a hearing with the Assistant Secretary of Labor for Mine Safety and Health, Mine Safety and Health Administration, 201 12th Street South, Arlington, VA 22202-5452 within 30 days of the Administrator's determination. * * *

    PART 70—MANDATORY HEALTH STANDARDS—UNDERGROUND COAL MINES 33. The authority citation for part 70 continues to read as follows: Authority:

    30 U.S.C. 811, 813(h), 957.

    34. Section 70.204 is amended by revising paragraph (e) to read as follows:
    § 70.204 Approved sampling devices; maintenance and calibration.

    (e) You must proceed in accordance with “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers,” MSHA Informational Report IR 1240 (1996), referenced in paragraph (a) of this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the MSHA Web site at http://www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9500; and at each MSHA Coal Mine Safety and Health District Office, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    35. Section 70.210 is amended by revising paragraph (a) to read as follows:
    § 70.210 Respirable dust samples; transmission by operator.

    (a) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.

    36. Section 70.1900 is amended by revising paragraph (c) to read as follows:
    § 70.1900 Exhaust Gas Monitoring.

    (c) Except as provided in § 75.325(j) of this chapter, when sampling results indicate a concentration of CO and/or NO2 exceeding an action level of 50 percent of the threshold limit values (TLV®) adopted by the American Conference of Governmental Industrial Hygienists, the mine operator shall immediately take appropriate corrective action to reduce the concentrations of CO and/or NO2 to below the applicable action level. The publication, “Threshold Limit Values for Substance in Workroom Air” (1972) is incorporated by reference and may be inspected at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; at any MSHA Coal Mine Safety and Health District Office; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies of the document may be purchased from the American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; 513-742-2020; http://www.acgih.org.

    PART 71—MANDATORY HEALTH STANDARDS—SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES 37. The authority citation for part 71 continues to read as follows: Authority:

    30 U.S.C. 811, 813(h), 957.

    38. Section 71.204 is amended by revising paragraph (e) to read as follows:
    § 71.204 Approved sampling devices; maintenance and calibration.

    (e) You must proceed in accordance with “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers,” MSHA Informational Report IR 1240 (1996), referenced in paragraph (a) of this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the MSHA Web site at http://www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9500; and at each MSHA Coal Mine Safety and Health District Office, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    39. Section 71.207 is amended by revising paragraph (a) to read as follows:
    § 71.207 Respirable dust samples; transmission by operator.

    (a) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.

    40. Section 71.402 is amended by revising paragraph (b) to read as follows:
    § 71.402 Minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities.

    (b) Bathing facilities, change rooms, and sanitary flush toilet facilities shall be constructed and equipped so as to comply with applicable State and local building codes. However, where no State or local building codes apply to these facilities, or where no State or local building codes exist, the facilities shall be constructed and equipped so as to meet the minimum construction requirements in the National Building Code (1967 edition) and the plumbing requirements in the National Plumbing Code (ASA A40.8-1955), which documents are hereby incorporated by reference and made a part hereof. These documents are available for examination at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. Copies of the National Plumbing Code (ASA A40.8-1955) may be purchased from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org.

    41. Section 71.700 is amended by revising paragraph (a) to read as follows:
    § 71.700 Inhalation hazards; threshold limit values for gases, dust, fumes, mists, and vapors.

    (a) No operator of an underground coal mine and no operator of a surface coal mine may permit any person working at a surface installation or surface worksite to be exposed to airborne contaminants (other than respirable coal mine dust, respirable dust containing quartz, and asbestos dust) in excess of, on the basis of a time-weighted average, the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists in “Threshold Limit Values of Airborne Contaminants” (1972), which is hereby incorporated by reference and made a part hereof. Excursions above the listed threshold limit values shall not be of greater magnitude than is characterized as permissible by the conference. This paragraph does not apply to airborne contaminants given a “C” designation by the conference in the document. This document is available for examination at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. Copies of the document may be purchased from the American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Attn: Customer Service, Cincinnati, OH 45240; 513-742-2020; http://www.acgih.org.

    PART 72—HEALTH STANDARDS FOR COAL MINES 42. The authority citation for part 72 continues to read as follows: Authority

    30 U.S.C. 811, 813(h), 957.

    43. Revise § 72.710 to read as follows:
    § 72.710 Selection, fit, use, and maintenance of approved respirators.

    In order to ensure the maximum amount of respiratory protection, approved respirators shall be selected, fitted, used, and maintained in accordance with the provisions of the American National Standards Institute's “Practices for Respiratory Protection ANSI Z88.2-1969,” which is hereby incorporated by reference. This publication may be obtained from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; http://www.ansi.org, and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    PART 74—COAL MINE DUST SAMPLING DEVICES 44. The authority citation for part 74 continues to read as follows: Authority:

    30 U.S.C. 957.

    45. Section 74.7 is amended by revising paragraphs (f)(1)(ii), (f)(2)(ii), and (g)(2) to read as follows:
    § 74.7 Design and construction requirements.

    (f) * * *

    (1) * * *

    (ii) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452, 202-693-9440, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (2) * * *

    (ii) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452, 202-693-9440, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (g) * * *

    (2) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    46. Section 74.8 is amended by revising paragraph (f)(2) to read as follows:
    § 74.8 Measurement, accuracy, and reliability requirements.

    (f) * * *

    (2) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    47. Section 74.9 is amended by revising paragraph (a)(3) to read as follows:
    § 74.9 Quality assurance.

    (a) * * *

    (3) Persons may inspect a copy at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    PART 75—MANDATORY SAFETY STANDARDS—UNDERGROUND COAL MINES 48. The authority citation for part 75 continues to read as follows: Authority:

    30 U.S.C. 811, 813(h), 957.

    49. In § 75.301, the definitions of “Noncombustible structure or area” and “Noncombustible material” are revised to read as follows:
    § 75.301 Definitions.

    Noncombustible structure or area. Describes a structure or area that will continue to provide protection against flame spread for at least 1 hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent. The publication ASTM E119-88 “Standard Test Methods for Fire Tests of Building Construction and Materials” is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    Noncombustible material. Describes a material that, when used to construct a ventilation control, results in a control that will continue to serve its intended function for 1 hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent. The publication ASTM E119-88 “Standard Test Methods for Fire Tests of Building Construction and Materials” is incorporated by reference and may be inspected at any Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    50. Revise § 75.322 to read as follows:
    § 75.322 Harmful quantities of noxious gases.

    Concentrations of noxious or poisonous gases, other than carbon dioxide, shall not exceed the threshold limit values (TLV) as specified and applied by the American Conference of Governmental Industrial Hygienists in “Threshold Limit Values for Substance in Workroom Air” (1972). Detectors or laboratory analysis of mine air samples shall be used to determine the concentrations of harmful, noxious, or poisonous gases. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. The material is available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    51. Section 75.333 is amended by revising paragraphs (d)(1), (e)(1)(i), (e)(3), and (f) to read as follows:
    § 75.333 Ventilation controls.

    (d) * * *

    (1) Made of noncombustible material or coated on all accessible surfaces with flame-retardant materials having a flame-spread index of 25 or less, as tested under ASTM E162-87, “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source.” This publication is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    (e)(1)(i) Except as provided in paragraphs (e)(2), (3), and (4) of this section, all overcasts, undercasts, shaft partitions, permanent stoppings, and regulators, installed after June 10, 1996, shall be constructed in a traditionally accepted method and of materials that have been demonstrated to perform adequately or in a method and of materials that have been tested and shown to have a minimum strength equal to or greater than the traditionally accepted in-mine controls. Tests may be performed under ASTM E72-80, “Standard Methods of Conducting Strength Tests of Panels for Building Construction” (Section 12-Transverse Load-Specimen Vertical, load, only), or the operator may conduct comparative in-mine tests. In-mine tests shall be designed to demonstrate the comparative strength of the proposed construction and a traditionally accepted in-mine control. The publication ASTM E72-80, “Standard Methods of Conducting Strength Tests of Panels for Building Construction,” is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    (3) When timbers are used to create permanent stoppings in heaving or caving areas, the stoppings shall be coated on all accessible surfaces with a flame-retardant material having a flame-spread index of 25 or less, as tested under ASTM E162-87, “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source.” This publication is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    (f) When sealants are applied to ventilation controls, the sealant shall have a flame-spread index of 25 or less under ASTM E162-87, “Standard Test Method for Surface Flammability of Materials Using a Radiant Heat Energy Source.” This publication is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    52. Section 75.335 is amended by revising the introductory text to paragraph (b) to read as follows:
    § 75.335 Seal strengths, design applications, and installation.

    (b) Seal design applications. Seal design applications from seal manufacturers or mine operators shall be in accordance with paragraph (b)(1) or (2) of this section and submitted for approval to MSHA's Office of Technical Support, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 151, Pittsburgh, PA 15236-3611.

    53. Section 75.523-1 is amended by revising the first sentence in paragraph (c) to read as follows:
    § 75.523-1 Deenergization of self-propelled electric face equipment installation requirements.

    (c) An operator may apply to the Director of Technical Support, Mine Safety and Health Administration, Department of Labor, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; for approval of the installation of devices to be used in lieu of devices that will quickly deenergize the tramming motors of self-propelled electric face equipment in the event of an emergency. * * *

    54. Section 75.818 is amended by revising paragraph (b)(4) to read as follows:
    § 75.818 Use of insulated cable handling equipment.

    (b) * * *

    (4) Be electrically tested every 6 months in accordance with publication ASTM F496-97. ASTM F496-97 (Standard Specification for In-Service Care of Insulating Gloves and Sleeves, 1997) is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office, or at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies of the document can be purchased from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; http://www.astm.org. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

    55. Section 75.833 is amended by revising paragraph (c)(1) to read as follows:
    § 75.833 Handling high-voltage trailing cables.

    (c) * * *

    (1) The rubber gloves must be designed and maintained to have a voltage rating of at least Class 1 (7,500 volts) and tested every 30 days in accordance with publication ASTM F496-02a, “Standard Specification for In-Service Care of Insulating Gloves and Sleeves” (2002). The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. ASTM F496-02a may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, call 610-832-9500 or go to http://www.astm.org. ASTM F496-02a is available for inspection at any MSHA Coal Mine Safety and Health District Office, at the MSHA Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    56. Section 75.1710-1 is amended by revising the first sentence in paragraph (f) to read as follows:
    § 75.1710-1 Canopies or cabs; self-propelled diesel-powered and electric face equipment; installation requirements.

    (f) An operator may apply to the Director of Technical Support, Mine Safety and Health Administration, Department of Labor, 201 12th Street South, Arlington, VA 22202-5452, for approval of the installation of devices to be used in lieu of substantially constructed canopies or cabs on self-propelled diesel-powered and electric face equipment. * * *

    57. In § 75.1900, the definition of “Noncombustible material” is revised to read as follows:
    § 75.1900 Definitions.

    Noncombustible material. A material that will continue to serve its intended function for 1 hour when subjected to a fire test incorporating an ASTM E119-88 time/temperature heat input, or equivalent. The publication ASTM E119-88 “Standard Test Methods for Fire Tests of Building Construction and Materials” is incorporated by reference and may be inspected at any MSHA Coal Mine Safety and Health District Office; at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, copies of the document may be purchased from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; 610-832-9500; http://www.astm.org.

    PART 90—MANDATORY HEALTH STANDARDS—COAL MINERS WHO HAVE EVIDENCE OF PNEUMOCONIOSIS 58. The authority citation for part 90 continues to read as follows: Authority:

    30 U.S.C. 811, 813(h), 957.

    59. Section 90.3 is amended by revising paragraph (d) and the first sentence in paragraph (e) to read as follows:
    § 90.3 Part 90 option; notice of eligibility; exercise of option.

    (d) The option to work in a low dust area of the mine may be exercised for the first time by any miner employed at a coal mine who was eligible for the option under the old section 203(b) program (http://www.msha.gov/REGSTECHAMEND.htm), or is eligible for the option under this part by sending a written request to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, 201 12th Street South, Arlington, VA 22202-5452.

    (e) The option to work in a low dust area of the mine may be re-exercised by any miner employed at a coal mine who exercised the option under the old section 203(b) program (http://www.msha.gov/REGSTECHAMEND.htm) or exercised the option under this part by sending a written request to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, 201 12th Street South, Arlington, VA 22202-5452. * * *

    61. Section 90.204 is amended by revising paragraph (e) to read as follows:
    § 90.204 Approved sampling devices; maintenance and calibration.

    (e) You must proceed in accordance with “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers,” MSHA Informational Report IR 1240 (1996), referenced in paragraph (a) of this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the MSHA Web site at http://www.msha.gov and you may inspect or obtain a copy at MSHA, Coal Mine Safety and Health, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9500; and at each MSHA Coal Mine Safety and Health District Office, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    62. Section 90.208 is amended by revising paragraph (a) to read as follows:
    § 90.208 Respirable dust samples; transmission by operator.

    (a) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.

    [FR Doc. 2015-21054 Filed 9-1-15; 8:45 am] BILLING CODE 4510-43-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2015-0738] RIN 1625-AA08 Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone; San Diego Bay, San Diego, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary interim rule.

    SUMMARY:

    The Coast Guard is temporarily changing the enforcement date of the special local regulation on the navigable waters of San Diego Bay, San Diego, California in support of the annual TriRock San Diego Triathlon. This temporary interim rule adjusts the date for the established special local regulations listed in 33 CFR 100.1101 (table 1, item 11). This temporary interim rule provides public notice and is necessary to ensure the safety of participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Unauthorized persons and vessels are prohibited from entering into, transiting through, or anchoring within the regulated area unless authorized by the Captain of the Port (COTP), or his designated representative. The Coast Guard requests public comments on the temporary interim rule.

    DATES:

    This rule is effective from 6:30 a.m. through 10:30 a.m. on September 20, 2015. Public comments must be received by September 19, 2015.

    ADDRESSES:

    Submit comments using one of the listed methods, and see SUPPLEMENTARY INFORMATION for more information on public comments.

    Onlinehttp://www.regulations.gov following Web site instructions.

    Fax—202-493-2251.

    Mail or hand deliver—Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays (telephone 202-366-9329).

    Documents mentioned in this preamble are part of docket [USCG-2015-0738]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Petty Officer Randolph Pahilanga, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking BNM Broadcast Notice to Mariners LNM Local Notice to Mariners COTP Captain of the Port A. Public Participation and Comments

    We encourage you to submit comments (or related material) on this temporary interim rule. We will consider all submissions and may adjust our final action based on your comments. Comments should be marked with docket number USCG-2015-0738 and should provide a reason for each suggestion or recommendation. You should provide personal contact information so that we can contact you if we have questions regarding your comments; but please note that all comments will be posted to the online docket without change and that any personal information you include can be searchable online (see the Federal Register Privacy Act notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008).

    Mailed or hand-delivered comments should be in an unbound 81/2 × 11 inch format suitable for reproduction. The Docket Management Facility will acknowledge receipt of mailed comments if you enclose a stamped, self-addressed postcard or envelope with your submission.

    Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following the Web site's instructions. You can also view the docket at the Docket Management Facility (see the mailing address under ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    B. Regulatory History and Information

    The TriRock San Diego Triathlon is an annual reoccurring event listed in 33 CFR 100.1101 (table 1, item 11) for Southern California annual marine events for the San Diego Captain of the Port Zone. Special local regulations exist for the marine event to allow for special use of the San Diego Bay waterway for one day. For 2015, the event is occurring on Sunday, September 20, 2015. This temporary interim rule is therefore necessary to ensure that the same measures normally provided are in place for that day.

    The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.”

    We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a NPRM because the Coast Guard did not have sufficient information about the event early enough to publish the NPRM and receive comments. The publishing of an NPRM would be impracticable since immediate action is needed to minimize potential danger to the participants and the public during the event. The danger posed by the large volume of weekend marine traffic in San Diego Bay makes special local regulations necessary to provide for the safety of participants, event support vessels, spectator craft and other vessels transiting the event area. For the safety concerns noted, it is important to have these regulations in effect during the event. The area covered by the special local regulation should have negligible impact on vessel movement. The Coast Guard will issue a broadcast notice to mariners (BNM) to advise vessel operators of navigational restrictions. In addition, the Coast Guard will also advertise notice of the event and event date changes via local notice to mariners (LNM) report.

    For the same reasons, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be contrary to the public interest, because immediate action is needed to ensure the safety of the event. However, notifications will be made to users of the affected area near San Diego Bay, San Diego, California via marine information broadcast and a local notice to mariners.

    Furthermore, we are providing an opportunity for subsequent public comment and, should public comment show the need for modifications to the special local regulations during the 2015 event, we may make those modifications and will provide actual notice of those modifications to the affected public.

    C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 U.S.C. 1233, which authorize the Coast Guard to establish, and define special local regulations. The Captain of the Port San Diego is establishing a special local regulation for the waters of San Diego Bay, San Diego, California to protect event participants, spectators and transiting vessels. Entry into this area is prohibited unless specifically authorized by the Captain of the Port San Diego or designated representative.

    D. Discussion of the Interim Rule

    The TriRock San Diego Triathlon is an annual event normally held on a weekend day in September San Diego Bay, San Diego, California.

    The regulation listing annual marine events within the San Diego Captain of the Port Zone and special local regulations is CFR 100.1101. Table 1 to § 100.1101 identifies special local regulations within the COTP San Diego Zone. Table 1 to § 100.1101 at item “11” describes the enforcement date and regulated location for this marine event.

    The date listed in the Table has the marine event on a Saturday in September. However, this temporary rule changes the marine event date to Sunday, September 20, 2015 to reflect the actual date of the event.

    The Coast Guard is establishing a temporary special local regulation for a marine event on San Diego Bay that will be effective from 6:30 a.m. to 10:30 a.m. on September 20, 2015 and will be enforced in that same timeframe.

    The Coast Guard will temporarily suspend the regulation listed in Table 1 to § 100.1101 item “11”, and insert this temporary regulation at Table 1 to § 100.1101, at item “19”. This change is needed to accommodate the sponsor's event plan. No other portion of Table 1 to § 100.1101 or other provisions in § 100.1101 shall be affected by this regulation.

    The special local regulations are necessary to provide for the safety of the crew, spectators, participants, and other vessels and users of the waterway for the swimming portion of this triathlon race that will consist of a 1,600 swimmers. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this regulated waterway unless authorized by the Coast Guard Captain of the Port (COTP), or his designated representative, during the proposed times. Before the effective period, the Coast Guard will publish information on the event in the weekly LNM.

    E. Regulatory Analyses

    We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.

    1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size, location, and the limited duration of the marine event and associated special local regulations. Optional waterway routes exist to allow boaters to transit around the marine event area, without impacting the race. Additionally, to the maximum extent practicable, the event sponsor will assist with the movement of boaters desiring to transit the race area throughout the day.

    2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in the impacted portion of San Diego Bay, California from 6:30 a.m. to 10:30 a.m. on September 20, 2015.

    This special local regulation will not have a significant economic impact on a substantial number of small entities for the following reasons. Although the special local regulations would apply to a portion of San Diego Bay, traffic would be allowed to pass around the zone or through the zone with the permission of the COTP, or his designated representative. The event sponsor, will also be advertising the event. Before the effective period, the Coast Guard will publish event information on the internet in the weekly LNM marine information report and will provide a BMM via marine radio during the event.

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    4. Collection of Information

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

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

    9. Civil Justice Reform

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

    10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

    11. Indian Tribal Governments

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

    12. Energy Effects

    This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

    13. Technical Standards

    This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    14. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishment of marine event special local regulations on the navigable waters of Mission Bay. This rule is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. In § 100.1101, in Table 1 to § 100.1101, suspend item “11” and add temporary item “19” to read as follows:
    § 100.1101 Southern California Annual Marine Events for the San Diego Captain of the Port Zone. Table 1 to § 100.1101 [All coordinates referenced us datum NAD 83] *         *         *         *         *         *         * 19. TriRock San Diego Triathlon Sponsor Competitor Group, Inc. Event Description Swim Race. Date September 20, 2015 Location San Diego Bay, CA. Regulated Area The waters of San Diego Bay, off the East Basin of Embarcadero Park.
    Dated: August 17, 2015. J.S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego.
    [FR Doc. 2015-21791 Filed 9-1-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2015-0663] RIN 1625-AA08 Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NC AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a Special Local Regulation for the “Swim the Loop” and “Motts Channel Sprint” swim event, to be held on the waters adjacent to and surrounding Harbor Island in Wrightsville Beach, North Carolina. This Special Local Regulation is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic on the Atlantic Intracoastal Waterway within 550 yards north and south of the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North Carolina, during the swim event.

    DATES:

    This rule is effective on September 27, 2015 only.

    This rule will be enforced from 7 a.m. to 10 a.m. on September 27, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket [USCG-2015-0663]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email LT Derek J. Burrill, Coast Guard Sector North Carolina, Coast Guard; telephone (910) 772-2230, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION: Table of Acronyms  DHS Department of Homeland Security  FR Federal Register  NPRM Notice of Proposed Rulemaking A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. The Coast Guard did not receive final information about this event with sufficient time to publish an NPRM and receive comments. Delaying the effective date to provide for a comment period would be contrary to the public interest, since immediate action is needed to ensure the safety of the event participants, patrol vessels, spectator craft and other vessels transiting the event area. The Coast Guard will provide advance notifications to users of the affected waterways of the safety zone via marine information broadcasts and local notice to mariners.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For the same reasons stated above, delaying the effective date to provide for a comment period is impracticable and would be contrary to the public interest.

    B. Basis and Purpose

    On September 27, 2015 from 7 a.m. to 10 a.m., Without Limits Coaching will sponsor “Swim the Loop” and “Motts Channel Sprint” on the waters adjacent to and surrounding Harbor Island in Wrightsville Beach, North Carolina. The swim event will consist of up to 200 swimmers per event swimming a 1.3 mile course or a 3.5 mile course around Harbor Island in Wrightsville Beach, North Carolina. To provide for the safety of participants, spectators and other transiting vessels, the Coast Guard will temporarily restrict vessel traffic in the event area during this event.

    C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is establishing a safety zone on the navigable waters of the Atlantic Intracoastal Waterway 550 yards north and south of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude 34°13′06″ North, longitude 077°48′44″ West, at Wrightsville Beach, North Carolina.

    To provide for the safety of participants, spectators and other transiting vessels, the Coast Guard will temporarily restrict vessel traffic in the event area during this event. Specifically, the U.S. 74/76 Bascule Bridge at Wrightsville Beach, North Carolina will remain closed during the event on September 27, 2015 from 7 a.m. to 10 a.m. During the event, general navigation within the safety zone will be restricted, no person or vessel may enter or remain in the regulated area, with the exception of participants and vessels authorized by the Coast Guard Captain of the Port or his representative.

    D. Regulatory Analyses

    We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.

    1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Although this regulation will restrict access to the area, the effect of this rule will not be significant because the regulated area will be in effect for a limited time, from 7 a.m. to 10 a.m., on September 27, 2015. The Coast Guard will provide advance notification via maritime advisories so mariners can adjust their plans accordingly. The regulated area will apply only to the section of Atlantic Intracoastal Waterway in the immediate vicinity of U.S. 74/76 Bascule Bridge at Wrightsville Beach, North Carolina. Coast Guard vessels enforcing this regulated area can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz).

    2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    This rule will affect the following entities, some of which may be small entities: The owners or operators of recreational vessels intending to transit the specified portion of Atlantic Intracoastal Waterway from 7 a.m. to 10 a.m. on September 27, 2015.

    This rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will only be in effect for three hours from 7 a.m. to 10 a.m. The regulated area applies only to the section of Atlantic Intracoastal Waterway in the vicinity of the U.S. 74/76 Bascule Bridge at Wrightsville Beach, North Carolina. Vessel traffic may be allowed to pass through the regulated area on a case by case basis with the permission of the Coast Guard Patrol Commander. In the case where the Patrol Commander authorizes passage through the regulated area, vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the swim course. The Patrol Commander will allow non-participating vessels to transit the event area once all swimmers are safely clear of navigation channels and vessel traffic areas. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly.

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    4. Collection of Information

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

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

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

    7. Unfunded Mandates Reform Act

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

    8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

    9. Civil Justice Reform

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

    10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

    11. Indian Tribal Governments

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

    12. Energy Effects

    This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

    13. Technical Standards

    This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    14. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves implementation of regulations within 33 CFR part 100 that apply to organized marine events on the navigable waters of the United States that may have potential for negative impact on the safety or other interest of waterway users and shore side activities in the event area. This special local regulation is necessary to provide for the safety of the general public and event participants from potential hazards associated with movement of vessels near the event area. This rule is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. Add a temporary § 100.35-T05-0200 to read as follows:
    § 100.35-T05-0200 Special Local Regulations for Marine Events, Wrightsville Channel; Wrightsville Beach, NC

    (a) Regulated area. The following location is a regulated area: All waters of the Atlantic Intracoastal Waterway within 550 yards north and south of the U.S. 74/76 Bascule Bridge, mile 283.1, latitude 34°13′06″ North, longitude 077°48′44″ West, at Wrightsville Beach, North Carolina. All coordinates reference Datum NAD 1983.

    (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector North Carolina.

    (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector North Carolina with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.

    (3) Participant means all participating in the “Swim the Loop” and “Motts Channel Sprint” swim event under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector North Carolina.

    (4) Spectator means all persons and vessels not registered with the event sponsor as participants or official patrol.

    (c) Special local regulations. (1) The Coast Guard Patrol Commander will control the movement of all vessels in the vicinity of the regulated area. When hailed or signaled by an official patrol vessel, a vessel approaching the regulated area shall immediately comply with the directions given. Failure to do so may result in termination of voyage and citation for failure to comply.

    (2) The Coast Guard Patrol Commander may terminate the event, or the operation of any support vessel participating in the event, at any time it is deemed necessary for the protection of life or property. The Coast Guard may be assisted in the patrol and enforcement of the regulated area by other Federal, State, and local agencies.

    (3) Vessel traffic, not involved with the event, may be allowed to transit the regulated area with the permission of the Patrol Commander. Vessels that desire passage through the regulated area shall contact the Coast Guard Patrol Commander on VHF-FM marine band radio for direction. Only participants and official patrol vessels are allowed to enter the regulated area.

    (4) All Coast Guard vessels enforcing the regulated area can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22 (157.1 MHz). The Coast Guard will issue marine information broadcast on VHF-FM marine band radio announcing specific event date and times.

    (d) Enforcement period. This section will be enforced from 7 a.m. to 10 a.m. on September 27, 2015.

    Dated: August 10, 2015. S.R. Murtagh, Captain, U.S. Coast Guard, Captain of the Port.
    [FR Doc. 2015-21792 Filed 9-1-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2015-0813] Annual Marine Events in the Eighth Coast Guard District, Sabine River; Orange, TX AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce Special Local Regulations for the Southern Professional Outboard Racing Tour (S.P.O.R.T.) boat races to be held on the Sabine River in Orange, TX from 3 p.m. on September 18, 2015, through 6 p.m. on September 20, 2015. This action is necessary to provide for the safety of the participants, crew, spectators, participating vessels, non-participating vessels and other users of the waterway. During the enforcement period, the Coast Guard Patrol Commander will enforce restrictions upon, and control the movement of, vessels in the zone established by the Special Local Regulation.

    DATES:

    The regulation in 33 CFR 100.801 will be enforced from 3 p.m. to 6 p.m. on September 18, 2015; and from 9 a.m. to 6 p.m. on September 19 and 20, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice of enforcement, call or email Mr. Scott Whalen. U.S. Coast Guard Marine Safety Unit Port Arthur, TX; telephone 409-719-5086, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce Special Local Regulation for the annual S.P.O.R.T. boat races in 33 CFR 100.801 (Table 3, Line 5) on September 18, 2015, from 3 p.m. to 6 p.m. and on September 19 and 20, 2015, from 9 a.m. to 6 p.m.

    This Special Local Regulation encompasses all waters of the Sabine River south of latitude 30°05′33″ N. and waters north of latitude 30°05′45″ N. (NAD 83).

    Under the provisions of 33 CFR 100.801, a vessel may not enter the regulated area, unless it receives permission from the on-scene Patrol Commander. Spectator vessels may safely transit outside the regulated area but may not anchor, block, loiter, or impede participants or official patrol vessels. The Coast Guard may be assisted by other federal, state or local law enforcement agencies in enforcing this regulation.

    This notice is issued under authority of 33 CFR 100.801 and 33 U.S.C. 1233. In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with notification of this enforcement period via Local Notice to Mariners, Marine Information Broadcasts, and Marine Safety Information Bulletins.

    If the Captain of the Port or his designated on-scene Patrol Commander determines that the regulated area need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area.

    Dated: August 18, 2015. R.S. Ogrydziak, Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
    [FR Doc. 2015-21772 Filed 9-1-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket Number USCG-2015-0739] Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, IL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the Quad City Marathon to cross the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for four and a half hours.

    DATES:

    This deviation is effective from 7:00 a.m. to 11:30 a.m. on September 27, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0739] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314-269-2378, email [email protected] If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    The U.S. Army Rock Island Arsenal requested a temporary deviation for the Rock Island Railroad and Highway Drawbridge, across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois to remain in the closed-to-navigation position for a four and a half hour period from 7:00 a.m. to 11:30 a.m., September 27, 2015, while the Quad City Marathon is held between the cities of Davenport, IA and Rock Island, IL.

    The Rock Island Railroad and Highway Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart.

    There are no alternate routes for vessels transiting this section of the Upper Mississippi River.

    The Rock Island Railroad and Highway Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 23.8 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. This temporary deviation has been coordinated with waterway users. No objections were received.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: August 27, 2015. David M. Frank, Bridge Administrator, Eighth Coast Guard District.
    [FR Doc. 2015-21707 Filed 9-1-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0806] Drawbridge Operation Regulation; English Kills, Brooklyn, NY AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Metropolitan Ave. Bridge, across the English Kills, mile 3.4, at Brooklyn, New York. This deviation is necessary to remove lead based paint in the bridge control house electrical room. This deviation allows the bridge to remain in the closed position for 3 days.

    DATES:

    This deviation is effective from 12:01 a.m. on September 10, 2015 through 11:59 p.m. on September 12, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0806] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140, on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, contact Ms. Judy K. Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514-4330, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    The Metropolitan Ave. Bridge, mile 3.4, across the English Kills has a vertical clearance in the closed position of 10 feet at mean high water and 15 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.801(e).

    The waterway has one commercial facility located upstream of the bridge.

    New York City DOT requested this temporary deviation from the normal operating schedule to facilitate essential maintenance repairs.

    Under this temporary deviation, the Metropolitan Ave. Bridge may remain in the closed position from 12:01 a.m. on September 10, 2015 through 11:59 p.m. on September 12, 2015.

    The bridge will not be able to open in the event of an emergency. There is no alternate route for vessel traffic; however, vessels that can pass under the closed draws during this closure may do so at any time.

    The Coast Guard will inform the users of the waterway through our Local and Broadcast Notice to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: August 27, 2015. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District.
    [FR Doc. 2015-21648 Filed 9-1-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA-HQ-OPPT-2015-0220; FRL-9932-56] RIN 2070-AB27 Significant New Use Rule on Substituted Cyclosiloxane; Removal AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    EPA is removing a significant new use rule (SNUR) promulgated under the Toxic Substances Control Act (TSCA) for substituted cyclosiloxane that was the subject of a premanufacture notice (PMN). EPA published this SNUR using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on this rule. Therefore, the Agency is removing this SNUR. EPA intends to publish a proposed SNUR for this chemical substance under separate notice and comment procedures.

    DATES:

    This final rule is effective September 2, 2015.

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2015-0220, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-9232; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal Register of June 5, 2015 (80 FR 32003) (FRL-9927-67). If you have questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

    II. What SNUR is being removed?

    In the June 5, 2015 Federal Register, EPA issued a direct final SNUR for the chemical substance that is identified in this final rule. This direct final SNUR was issued pursuant to the procedures in 40 CFR part 721, subpart D. EPA is removing the direct final SNUR issued for the chemical substance identified generically as substituted cyclosiloxane, which was the subject of PMN P-14-605.

    This direct final rule was issued pursuant to the procedures in 40 CFR part 721, subpart D. Section 721.170(d)(4)(i)(B) provides that EPA will withdraw the relevant portion of such a direct final rule if within 30 days of publication the Agency receives a notice of intent to submit adverse comments on the SNUR. EPA received a notice of intent to submit adverse comments on the SNUR, but mistakenly did not withdraw the direct final rule as required by § 721.170(d)(4)(i)(B). The Agency is therefore removing the rule issued for the chemical substance that was the subject of PMN P-14-605. EPA intends to publish a proposed SNUR for this chemical substance under separate notice and comment procedures.

    For further information regarding EPA's direct rulemaking process for issuing SNURs, see 40 CFR part 721, subpart D, and the Federal Register of July 27, 1989 (54 FR 31314).

    III. Good Cause Finding

    EPA determined that there is good cause to first; promulgate this final rule without opportunity for notice and comment in accordance with section 553(b)(B) of the Administrative Procedure Act (APA), and second; make the rule effective on the date of publication in accordance with section 553(d) of the APA. Good cause exists because the direct final rule was allowed to become effective in violation of § 721.170(d)(4)(i)(B).

    IV. Statutory and Executive Order Reviews

    This action removes regulatory requirements that were not intended to go into effect. As such, the Agency has determined that this removal will not have any adverse impacts, economic or otherwise. The statutory and Executive Order review requirements applicable to this action were discussed in the June 5, 2015 Federal Register. Those review requirements do not apply to this action because it is a removal and does not contain any new or amended requirements.

    V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule 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. This action is not a “major rule” as defined by 5 U.S.C. 804(2). Section 808 of the CRA allows the issuing agency to make a rule effective sooner than otherwise provided by CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. As required by 5 U.S.C. 808(2), this determination is supported by a brief statement in Unit III.

    List of Subjects 40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.

    Dated: August 20, 2015. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 9—[AMENDED] 1. The authority citation for part 9 continues to read as follows: Authority:

    7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-671q, 7542, 9601-9657, 11023, 11048.

    § 9.1 [Amended]
    2. In the table in § 9.1, under the undesignated center heading “Significant New Uses of Chemical Substances,” remove § 721.10842.
    PART 721—[AMENDED] 3. The authority citation for part 721 continues to read as follows: Authority:

    15 U.S.C. 2604, 2607, and 2625(c).

    § 721.10842 [Removed]
    4. Remove § 721.10842.
    [FR Doc. 2015-21800 Filed 9-1-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2014-0256; FRL-9927-14-Region 9] Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery Program AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking direct final action to approve a state implementation plan (SIP) revision from the Arizona Department of Environmental Quality related to the removal of “Stage II” vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area. Specifically, the EPA is approving a SIP revision that eliminates the requirement to install and operate such equipment at new gasoline dispensing facilities, and that provides for the phased removal of such equipment at existing gasoline dispensing facilities from October 2016 through September 2018. The EPA has previously determined that onboard refueling vapor recovery is in widespread use nationally and waived the stage II vapor recovery requirement. The EPA is approving this SIP revision because the resultant short-term incremental increase in emissions would not interfere with attainment or maintenance of the national ambient air quality standards or any other requirement of the Clean Air Act and because it would avoid longer-term increases in emissions from the continued operation of stage II vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area.

    DATES:

    This direct final rule is effective on November 2, 2015 unless the EPA receives adverse comments by October 2, 2015. If adverse comments are received, the EPA 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 No. EPA-R09-OAR-2014-0256, by one of the following methods:

    1. Federal Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.

    2. Email: Jeffrey Buss at [email protected]

    3. Fax: Jeffrey Buss, Air Planning Office (AIR-2), at fax number 415-947-3579.

    4. Mail: Jeffrey Buss, Air Planning Office (AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California 94105.

    5. Hand or Courier Delivery: Jeffrey Buss, Air Planning Section (AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California 94105. Such deliveries are only accepted during the Regional Office's normal hours of operation. Special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-2014-0256. 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 the disclosure of which is restricted by statute. Do not submit information through www.regulations.gov or email that you consider to be CBI or otherwise protected from disclosure. The www.regulations.gov Web site is an anonymous access system, which means the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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, e.g., 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. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Office (AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105. The EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection during normal business hours.

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Buss, Office of Air Planning, U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, the terms “we”, “us”, and “our” refer to the EPA.

    Table of Contents I. Background II. State Submittal III. Analysis of the State Submittal A. SIP Revision Procedural Requirements B. SIP Revision Substantive Requirements IV. The EPA's Action and Request for Public Comment V. Incorporation by reference VI. Statutory and Executive Order Reviews I. Background

    Under the Clean Air Act (CAA or “Act”), the EPA has promulgated national ambient air quality standards (NAAQS or “standards”) for certain pervasive air pollutants. The NAAQS are concentration levels the attainment and maintenance of which EPA has determined to be requisite to protect public health (i.e., the “primary” NAAQS) and welfare (i.e., the “secondary” NAAQS). Under the CAA, states are required to develop and submit plans, referred to as state implementation plans (SIPs) to implement, maintain, and enforce the NAAQS.1 Ozone is one of the air pollutants for which the EPA has established NAAQS.2 The original NAAQS for ozone, established by the EPA in 1979, was 0.12 parts per million (ppm), 1-hour average (“1-hour ozone standard”).3

    1 Under Arizona law, the Arizona Department of Environmental Quality (ADEQ) is responsible for adopting and submitting the Arizona SIP and SIP revisions. Within the Maricopa County portion of the Phoenix-Mesa area, the Maricopa Association of Governments (MAG) is responsible for developing regional ozone air quality plans.

    2 Ground-level ozone is an oxidant that is formed from photochemical reactions in the atmosphere between volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the presence of sunlight. These two pollutants, referred to as ozone precursors, are emitted by many types of pollution sources including on-road motor vehicles (cars, trucks, and buses), nonroad vehicles and engines, power plants and industrial facilities, and smaller area sources such as lawn and garden equipment and paints.

    3 See 44 FR 8202 (February 8, 1979).

    Under the CAA, the EPA is also responsible for designating areas of the country as attainment, nonattainment, or unclassifiable for the various NAAQS. States with “nonattainment” areas are required to submit revisions to their SIPs that include a control strategy necessary to demonstrate how the area will attain the NAAQS.

    Under the CAA Amendments of 1990, the “Phoenix metropolitan area,” defined by the Maricopa Association of Governments' (MAGs') urban planning area boundary (but later revised to exclude the Gila River Indian Community at 70 FR 68339 (November 10, 2005)), was classified as a “Moderate” nonattainment area, 56 FR 56694 (November 6, 1991), and later reclassified as a “Serious” nonattainment area, 62 FR 60001 (November 6, 1997), for the 1-hour ozone standard.

    States with “Serious,” “Severe,” or “Extreme” ozone nonattainment areas were required under CAA section 182(b)(3) to submit SIP revisions that require the use of “Stage II” vapor recovery systems at gasoline dispensing facilities (GDFs) located within the nonattainment area. Gasoline dispensing pump vapor control devices, commonly referred to as “Stage II” vapor recovery, are systems that control VOC vapor releases during the refueling of motor vehicles. This process takes the vapors normally emitted directly into the atmosphere when pumping gas and recycles them back into the underground fuel storage tank, preventing them from polluting the air.

    In response to this requirement, the State of Arizona promulgated and submitted certain statutes and regulations that require use of Stage II vapor recovery systems in the Phoenix metropolitan area, and later extended the requirements to a larger geographic area referred to as “Area A.” 4 The EPA approved the state's Stage-II-related statutes and regulations as a revision to the Arizona SIP. See 59 FR 54521 (November 1, 1994) and 77 FR 35279 (June 13, 2012).

    4 “Area A” is defined in Arizona Revised Statutes (ARS) section 49-541, and it includes all of the Phoenix metropolitan 1-hour ozone nonattainment area plus additional areas in Maricopa County to the north, east, and west, as well as small portions of Yavapai County and Pinal County. Area A roughly approximates the boundaries of the Phoenix-Mesa area designated by the EPA for the 1997 8-hour ozone standard.

    The 1990 amended CAA anticipates that, over time, Stage II vapor recovery requirements at GDFs would be replaced by “onboard refueling vapor recovery” (ORVR) systems that the EPA was to establish for new motor vehicles under CAA section 202(a)(6). ORVR consists of an activated carbon canister installed in a motor vehicle. The carbon canister captures gasoline vapors during refueling. There the vapors are captured by the activated carbon in the canister. When the engine is started, the vapors are drawn off of the activated carbon and into the engine where they are burned as fuel. In 1994, the EPA promulgated its ORVR standards,5 with a minimum 95% vapor capture efficiency, which fully applied to all new light duty vehicles by 2000. The ORVR requirements were phased in to apply to heavier classes of vehicles as well—reaching full effect for all new vehicles with a gross vehicle weight rating of up to 10,000 pounds by 2006. Recognizing that, over time, the number of vehicles with ORVR as a percentage of the overall motor vehicle fleet would increase with the turnover of older models not equipped with ORVR with newer models equipped with ORVR, CAA section 202(a)(6) also permits the EPA to promulgate a determination that ORVR is in “widespread use” throughout the motor vehicle fleet and to revise or waive Stage II vapor recovery requirements for Serious, Severe and Extreme ozone nonattainment areas.

    5 See 59 FR 16262 (April 6, 1994).

    Meanwhile, the EPA has taken certain actions that affect SIP planning in general, and the Phoenix metropolitan area and Stage II vapor recovery SIP requirements in particular, including the following:

    • Revision of the NAAQS for ozone, setting it at 0.08 ppm averaged over an 8-hour timeframe (referred to herein as the “1997 8-hour ozone standard”) (62 FR 33856, July 18, 1997), and designation of the Phoenix-Mesa area 6 as a “Marginal” nonattainment area (69 FR 23857, April 30, 2004; 77 FR 28424, May 14, 2012);

    6 The Phoenix-Mesa 1997 8-hour ozone nonattainment area covers a much larger portion of Maricopa County than the Phoenix metropolitan 1-hour ozone area and also includes the Apache Junction portion of Pinal County. The precise boundaries of the Phoenix-Mesa 1997 8-hour ozone nonattainment area and the Phoenix metropolitan 1-hour ozone nonattainment are found in 40 CFR 81.303.

    • Redesignation of the Phoenix metropolitan area from nonattainment to attainment for the 1-hour ozone standard (70 FR 34362; June 14, 2005), and revocation of the 1-hour ozone standard, effective June 15, 2005 (40 CFR 50.9(b));

    • Revision of the 8-hour ozone standard down to 0.075 ppm (the 2008 8-hour ozone standard) (73 FR 16436, March 27, 2008), and designation of the Phoenix-Mesa area as a “Marginal” nonattainment area for the 2008 8-hour ozone standard (77 FR 30088, May 21, 2012); 7

    7 The nonattainment area for the 2008 8-hour ozone standard was expanded slightly to the south and west in Maricopa County as compared to the boundary established for the 1997 8-hour ozone standard. See 40 CFR 81.303 for the exact boundaries of the Phoenix-Mesa 2008 8-hour ozone nonattainment area. For both 8-hour ozone standards, the nonattainment area is referred to as the “Phoenix-Mesa” area. The applicable attainment date for areas initially classified as “Marginal” nonattainment areas for the 2008 8-hour ozone standard is July 20, 2015.

    • Determination that ORVR systems are in “widespread use” in the nation's motor vehicle fleet (77 FR 28772, May 16, 2012; and 40 CFR 51.126); and

    • Redesignation of the Phoenix-Mesa ozone area from nonattainment to attainment for the 1997 8-hour ozone standard (79 FR 55645, September 17, 2014).

    In the wake of the EPA's “widespread use” determination, states, such as Arizona, that were required to implement Stage II vapor recovery programs under CAA section 182(b)(3) are now permitted to remove the requirement from their SIPs under certain circumstances. On August 7, 2012, the EPA released its “Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures” 8 (“Stage II Guidance”) to aid in the development of SIP revisions to remove Stage II controls from GDFs. The Stage II Guidance also provides a series of equations to determine the emissions impacts of removing Stage II controls.

    8 “Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures,” EPA Office of Air Quality Planning and Standards, August 7, 2012.

    In summary, the State of Arizona established Stage II vapor recovery requirements in the Phoenix metropolitan area to address CAA requirements for “Serious” nonattainment areas for the 1-hour ozone standard and later extended the requirements to a larger geographic area known as Area A that roughly approximates the boundaries of the Phoenix-Mesa 1997 8-hour ozone area. The Phoenix metropolitan area has been redesignated to attainment for the 1-hour ozone standard, and the Phoenix-Mesa area has been redesignated to attainment for the 1997 8-hour ozone standard, but the Phoenix-Mesa area remains designated “Marginal” nonattainment for the 2008 8-hour ozone standard. Under 40 CFR 51.126, Stage II vapor recovery is no longer a SIP requirement in ozone nonattainment areas, and existing SIP provisions establishing Stage II vapor recovery requirements may be rescinded under certain circumstances. In this action, and for the reasons set forth in the following section of this document, the EPA is approving the State of Arizona's revisions to its SIP that eliminate Stage II requirements for new GDFs and that provide for the phased removal of Stage II vapor recovery equipment at existing GDFs within the geographic area referred to as “Area A,” which roughly approximates the boundaries of the Phoenix-Mesa area for the 1997 8-hour ozone standard.

    II. State Submittal

    On September 2, 2014, ADEQ submitted a SIP revision to phase-out Stage II vapor recovery requirements in Area A by eliminating the requirement to install Stage II equipment at new GDFs and by providing for a phased decommissioning process to remove Stage II equipment at existing GDFs beginning in October 2016 and ending in September 2018. The SIP submittal includes the SIP revision itself, “MAG State Implementation Plan Revision for the Removal of Stage II Vapor Recovery Controls in the Maricopa Eight-Hour Ozone Nonattainment Area” (“Stage II Vapor Recovery SIP Revision” or “SIP Revision”), as well as supporting materials related to legal authority and completeness. The Stage II Vapor Recovery SIP Revision includes nonregulatory materials, such as a narrative and supporting technical analysis, and includes a law (House Bill 2128) passed by the Arizona Legislature and signed by the Governor providing for the phase-out of the Stage II vapor recovery requirements.

    Effective for State law purposes upon the Governor's signature (i.e., on April 22, 2014), HB 2128 (in relevant part) amends Arizona Revised Statutes (ARS) sections 41-2131 (“Definitions”), 41-2132 (“Stage I vapor recovery systems”), 41-2133 (“Compliance schedules”), and adds new section 41-2135 (“Stage II vapor recovery systems”). The new section ARS 41-2135 retains the existing Stage II control requirements for existing GDFs and establishes a phased decommissioning process to remove Stage II controls beginning October 1, 2016 and ending September 30, 2018.

    The two-year period for decommissioning is based on the expectation of the Arizona Department of Weights and Measures (ADWM) of the time necessary to safely decommission Stage II controls at the over 1,000 existing GDFs in Area A. Decommissioning is expected to be spread evenly over each of the 24 months from October 2016 through September 2018 and to occur for existing GDFs during the month when the annual scheduled Stage II controls test would have occurred. HB 2128 repeals the new section 41-2135 on September 30, 2018 coinciding with the completion of the Stage II decommissioning process. To address the potential for adverse impacts relative to attainment and maintenance of the NAAQS, the SIP submittal includes a year-by-year analysis of the changes in VOC emissions taking into account both the elimination of Stage II controls at new GDFs and the phase-out of Stage II controls at existing GDFs from October 2016 through September 2018.

    III. Analysis of the State Submittal A. SIP Revision Procedural Requirements

    CAA sections 110(a)(1), 110(a)(2), and 110(l) require a state to provide reasonable public notice and opportunity for public hearing prior to the adoption and submittal of a SIP or SIP revision. To meet this requirement, every SIP submittal should include evidence that adequate public notice was given and a public hearing (if requested) was held consistent with EPA's implementing regulations in 40 CFR 51.102.

    Appendix B of the Stage II Vapor Recovery SIP Revision documents the public process followed by MAG and ADEQ in developing, adopting, and submitting this SIP revision. Specifically, on May 2 and 3, 2014, ADEQ and MAG published a notice, in a newspaper of general circulation in the Phoenix area, of a joint public hearing to be held on June 3, 2014 and the availability of the draft version of the Stage II vapor recovery SIP revision for public review and comment. ADEQ and MAG conducted the public hearing on June 3, 2014. ADEQ and MAG received no comments on the draft SIP revision. On August 27, 2014, MAG's Regional Council adopted the Stage II Vapor Recovery SIP Revision. ADEQ subsequently adopted and submitted the SIP revision to EPA by letter dated September 2, 2104. As such, ADEQ and MAG have satisfied applicable statutory and regulatory procedural requirements for adoption and submittal of this SIP revision.

    B. SIP Revision Substantive Requirements

    As discussed above, pursuant to the EPA's determination of “widespread use” (of ORVR systems in the motor vehicle fleet), Stage II vapor recovery controls are no longer a SIP requirement, and thus, states are allowed to rescind such control requirements in their SIPs if doing so is consistent with the general SIP revision requirements of CAA section 110(l) and section 193. In relevant part, CAA section 110(l) prohibits the EPA from approving a SIP revision if that revision would interfere with any applicable requirement concerning reasonable further progress towards, or attainment of, any of the NAAQS, or any other applicable requirement of the CAA.

    Section 193 provides, in relevant part, that no control requirement in effect, or required to be adopted, before November 15, 1990 (i.e., the effective date of the CAA Amendments of 1990) in any area which is a nonattainment area for any air pollutant may be modified after November 15, 1990 in any manner unless the modification insures equivalent or greater emission reductions of such air pollutant. Arizona's Stage II vapor recovery controls were developed in response to the CAA Amendments of 1990 and thus were adopted and approved in the years following the 1990 CAA Amendments. Thus, the requirements of section 193 do not apply to this particular SIP revision.

    As described in the Background section of this document, Stage II and ORVR are two types of emission control systems that capture fuel vapors from vehicle gas tanks during refueling. Stage II controls are installed in the dispensing pumps while ORVR is installed as part of the motor vehicle. Stage II and ORVR were initially both required by the 1990 CAA Amendments, but Congress recognized that Stage II and ORVR would eventually become largely redundant technologies as the percentage of the nation's motor vehicle fleet equipped with ORVR increases, and provided authority to the EPA to allow states to remove Stage II from their SIPs after the EPA finds that ORVR is in widespread use. The EPA's Stage II Guidance projects that, by 2015, over 84% of all the gasoline dispensed in the nation will be dispensed to ORVR-equipped motor vehicles.9 As such, Stage II and ORVR have become largely redundant technologies, and Stage II control systems are achieving an ever-declining emissions benefit as more ORVR-equipped vehicle continue to enter the on-road motor vehicle fleet. In addition, the EPA's Stage II Guidance recognizes that, in areas where certain types of vacuum-assist Stage II control systems are used, the limited compatibility between ORVR and some configurations of this Stage II hardware may ultimately result in an area-wide emissions disbenefit. The disbenefit can result when the Stage II controls pull air into the underground tank instead of gasoline vapors when both vacuum-assist Stage II controls and ORVR are active during refueling. This increases the pressure in the underground tank and can cause venting of excess emissions into the air.

    9 See Table A-1 of the Stage II Guidance.

    The Phoenix-Mesa ozone nonattainment area is an area where the vast majority of Stage II systems that have been installed use vacuum assist technologies.10 As documented in chapter 2 of the Stage II Vapor Recovery SIP Revision and in MAG's technical support document (appendix A, exhibit 1 of the SIP Revision), MAG used the equations recommended by the EPA in its Stage II Guidance to calculate the areawide emission reduction benefits/disbenefits associated with Stage II controls on vehicle refueling emissions in the Phoenix-Mesa ozone nonattainment area. More specifically, MAG developed year-by-year estimates of areawide VOC emissions from motor vehicle refueling with use of Stage II controls in the Phoenix-Mesa area taking into account the fraction of gasoline throughput covered by Stage II controls, the fraction of gasoline dispensed to ORVR-equipped vehicles, the Stage II control in-use control efficiency, the fraction of gasoline dispensed through vacuum-assisted Stage II control, and the compatibility factor for the increase in underground storage tank vent emissions relative to normal conditions.

    10 Table A-6 of the EPA's Stage II Guidance cites the percentages of State/Area GDF using vacuum assist Stage II technology. The listed percentage for the Phoenix-Mesa area is 85%.

    Based on MAG's estimates, assuming Stage II requirements remain in place, the VOC emissions reductions benefits from Stage II controls would continue a steady decline until 2018 when the implementation of Stage II controls will first result in an emissions disbenefit. Without rescission of Stage II control requirements, the disbenefit would then increase over time in concert with the increase in the frequency of refueling by ORVR-equipped vehicles at vacuum-assist Stage II GDFs.

    The Stage II Vapor Recovery SIP Revision is intended to minimize the temporary increases in VOC emissions during the decommissioning process and to avoid the long-term disbenefit by eliminating the requirement for installing Stage II equipment at new GDFs and phasing-out the Stage II requirement for (and providing for the removal of Stage II equipment at) existing GDFs from October 2016 through September 2018. To estimate the emissions impacts due to the SIP Revision, MAG developed year-by-year VOC estimates for the foregone emissions reductions due to construction of new GDFs from 2014 through 2017 without Stage II controls and due to the decommissioning of Stage II controls at existing GDFs during the 2017 ozone season. Table 1 below compares the VOC emissions impacts with and without the Stage II Vapor Recovery SIP Revision in the Phoenix-Mesa area based on MAG's estimates.

    Table 1—Comparison of VOC Emissions Impacts in the Phoenix-Mesa Area With and Without the Stage II Vapor Recovery SIP Revision Year Column 1:
  • Emission reduction benefits from
  • Stage II controls
  • (summer, mtpd) a
  • Column 2:
  • Emission reduction benefits from
  • Stage II controls with SIP Revision
  • (summer, mtpd) b
  • Column 3:
  • Emission Impact
  • of SIP Revision
  • (summer, mtpd) c
  • 2014 0.725 0.710 0.015 2015 0.462 0.443 0.019 2016 0.238 0.223 0.015 2017 0.060 0.029 0.031 2018 −0.108 −0.023 −0.085 2019 −0.244 0 −0.244 2020 −0.359 0 −0.359 a Column 1 is from table 2-3 of the Stage II Vapor Recovery SIP Revision. b Column 2 is derived by combining column 1 with the estimates of total temporary increases in VOC emissions from the SIP Revision shown in table 2-7 of the Stage II Vapor Recovery SIP Revision, except for year 2018 during which a disbenefit of 0.023 mtpd is expected due to existing facilities that have not removed Stage II controls by the beginning of the 2018 ozone season. c Column 3 is derived by subtracting column 2 from column 1. Note: Negative values in the columns listing emission reduction benefits indicate increases in emissions.

    As shown in table 1, without the Stage II Vapor Recovery SIP Revision, the emissions benefits from implementation of Stage II controls in the Phoenix-Mesa area would decline until 2018 when implementation of Stage II would result in an emissions increase due to the incompatibility between ORVR-equipped vehicles and vacuum-assist Stage II technology. With the SIP Revision, table 1 shows that the emissions reduction benefits from implementation of Stage II in the Phoenix-Mesa area would be reduced slightly due to the construction and operation of new GDFs without Stage II controls and due to the phase-out of Stage II vapor controls at existing GDFs during the 2017 ozone season.11 The temporary emissions increases due to the SIP Revision (relative to the scenario in which Stage II requirements remain fully implemented) will occur during years 2014 through 2017 and range from 0.015 mtpd to 0.031 mtpd. Beginning in 2018 and increasing in magnitude thereafter, the SIP Revision will result in fewer VOC emissions than would otherwise have occurred if Stage II requirements were to remain fully implemented in the Phoenix-Mesa area (once again, due to the incompatibility of ORVR-equipped vehicles and vacuum-assist Stage II technologies).

    11 Under the SIP Revision, the phase-out for existing GDFS begins in October 2016, and thus does not affect the 2016 ozone season.

    For perspective, we note that the temporary increases in VOC emissions during years 2014 through 2017 due to the SIP Revision would represent an approximate 0.002 percent to 0.005 percent increase in the overall VOC emissions inventory in the Phoenix-Mesa area.12 Such increases would have negligible impacts on ozone concentrations in the area. More importantly, the schedule for the phase-out of Stage II controls under the SIP Revision will maintain most of the emissions reductions benefits associated with Stage II control through 2017 while avoiding the more significant increases in VOC emissions that would otherwise occur beginning in 2019 and beyond due to the incompatibility effects described above between ORVR-equipped vehicles and vacuum-assist Stage II technologies. In 2018, the scheduled phase-out will reduce the emissions increase (due to ORVR and Stage II incompatibilities) that would otherwise be expected but would not entirely avoid an emissions increase because some existing GDFs will not yet have removed Stage II controls by the beginning of the 2018 ozone season. All Stage II controls will be decommissioned by September 30, 2018 under the Stage II Vapor Recovery SIP Revision. Lastly, the phase-out of Stage II controls by the end of the 2018 ozone season will support longer-term regional efforts to attain or maintain the 1997 and 2008 8-hour ozone standards in the Phoenix-Mesa area.

    12 The EPA-approved MAG Eight-Hour Ozone Maintenance Plan anticipates VOC emissions between 653.9 mtpd (June ozone episode, 2005) and 659.0 mtpd (June ozone episode, 2015) during the relevant period. See our proposed approval of the maintenance plan and redesignation request at 79 FR 16734, at 16744 (March 26, 2014).

    We find MAG's methods and assumptions, as documented in chapter 2 of the Stage II Vapor Recovery SIP Revision and in MAG's technical support document, to be reasonable, and we find that MAG's emissions estimates provide a reasonable basis upon which to evaluate the ozone impacts of the SIP Revision. Moreover, based on MAG's emissions estimates and for the reasons provided above, we conclude that the SIP Revision would not interfere with reasonable further progress toward, or attainment of, any of the NAAQS and would not interfere with any other applicable requirement of the CAA. Thus, we conclude that the SIP Revision is approvable under CAA section 110(l).

    IV. The EPA's Action and Request for Public Comment

    The EPA is taking direct final action to approve the Stage II Vapor Recovery SIP Revision submitted by ADEQ on September 2, 2014 to provide for the phased removal of “Stage II” vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area. Specifically, the EPA is approving a SIP revision that eliminates the requirement to install and operate such equipment at new gasoline dispensing facilities, and that provides for the phased removal of such equipment at existing gasoline dispensing facilities from October 2016 through September 2018.

    The EPA is approving this SIP revision because Stage II vapor recovery controls are no longer a SIP requirement under CAA section 182(b)(3) due to EPA's “widespread use determination” for ORVR. Additionally, we are approving this SIP revision because the temporary incremental increase in VOC emissions from 2014 through 2018 would not interfere with reasonable further progress toward, or attainment of, any of the NAAQS, and because this SIP revision avoids the longer-term VOC emissions increases associated with continued implementation of Stage II controls in the Phoenix-Mesa area. As part of this final action, the EPA is approving the specific statutory provisions that provide for the phase-out of Stage II controls in Area A, i.e., sections 5 through 8, and 10 through 12 of House Bill 2128, amending ARS sections 41-2131, 41-2132, 41-2133 and adding section 41-2135.13

    13 Approval of these statutory provisions as revisions to the Arizona SIP supersedes the following existing SIP provisions in the Arizona SIP: ARS section 41-2131, as approved at 77 FR 35279 (June 13, 2012); ARS section 41-2132, as approved at 77 FR 35279 (June 13, 2012); and ARS section 41-2133, as approved at 77 FR 35279 (June 13, 2012).

    We are publishing this action without prior proposal because we view this as a noncontroversial SIP revision and anticipate no adverse comments. In the Proposed Rules section of this Federal Register publication, however, we are publishing a separate document that will serve as the proposal to approve the state SIP revision if relevant adverse comments are filed. This rule will be effective November 2, 2015 without further notice unless we receive relevant adverse comments by October 2, 2015.

    If we receive such comments, we will withdraw this action before the effective date by publishing a separate document withdrawing the direct final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if the EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of this rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective on November 2, 2015.

    V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of certain sections of House Bill 2128 amending various sections of the Arizona Revised Statutes related to stage II vapor recovery systems in Area A, effective April 22, 2014, as described in the amendments to 40 CFR part 52 set forth below. The 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).

    VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 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 Order 12866 (58 FR 51735, October 4, 1993);

    • 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 Clean Air Act; and

    • does not provide the 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).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

    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. The 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 2, 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 the 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 30, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Editorial note:

    This document was received for publication by the Office of the Federal Register on August 27, 2015.

    Chapter I, title 40 of the Code of Federal Regulations is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart D—Arizona
    2. Section 52.120 is amended by adding paragraph (c)(171) to read as follows:
    § 52.120 Identification of plan.

    (c) * * *

    (171) The following plan was submitted on September 2, 2014 by the Governor's designee.

    (i) Incorporation by reference.

    (A) Arizona Department of Environmental Quality.

    (1) House Bill 2128, effective April 22, 2014, excluding sections 1 through 4, and 9 (including the text that appears in all capital letters and excluding the text that appears in strikethrough).

    (ii) Additional materials.

    (A) Arizona Department of Environmental Quality.

    (1) MAG 2014 State Implementation Plan Revision for the Removal of Stage II Vapor Recovery Controls in the Maricopa Eight-Hour Ozone Nonattainment Area (August 2014), adopted by the Regional Council of the Maricopa Association of Governments on August 27, 2014, excluding appendix A, exhibit 2 (“Arizona Revised Statutes Listed in Table 1-1”).

    [FR Doc. 2015-21681 Filed 9-1-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2015-0001] Final Flood Elevation Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    DATES:

    The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below.

    ADDRESSES:

    The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

    National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

    Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

    Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

    Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132.

    Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988.

    List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

    PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority:

    42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

    § 67.11 [Amended]
    2. The tables published under the authority of § 67.11 are amended as follows: Dated: August 20, 2015. Roy E. Wright, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD)
  • + Elevation in feet (NAVD)
  • # Depth in feet above ground
  • ⁁Elevation in
  • meters (MSL)
  • modified
  • Communities affected
    Clay County, Missouri, and Incorporated Areas Docket Nos.: FEMA-B-1192 Brushy Creek Approximately 400 feet upstream of the most downstream Clinton County boundary +987 City of Lawson, Unincorporated Areas of Clay County. At the most upstream Clinton County boundary +1045 Cates Branch At the upstream side of Liberty Landing Road +756 City of Liberty, Unincorporated Areas of Clay County. At the downstream side of Harrison Street +851 Clear Creek At the Fishing River confluence +775 City of Kearney, City of Mosby, Unincorporated Areas of Clay County. Approximately 0.5 mile upstream of Nation Road +823 Clear Creek Tributary 15 Approximately 0.8 mile upstream of the Clear Creek confluence +780 Unincorporated Areas of Clay County. Approximately 1 mile upstream of the Clear Creek confluence +788 Clear Creek Tributary 15.1 (overflow effects from Clear Creek) Approximately 1,375 feet upstream of the Clear Creek confluence +780 City of Kearney, Unincorporated Areas of Clay County. Approximately 377 feet upstream of 6th Street +786 Crockett Creek At the Holmes Creek confluence +766 City of Mosby, Unincorporated Areas of Clay County. Approximately 1,400 feet upstream of Longridge Road +790 Crockett Creek Tributary 3 At the Crockett Creek confluence +771 Unincorporated Areas of Clay County. Approximately 0.7 mile upstream of the Crockett Creek confluence +791 Crockett Creek Tributary 4 Approximately 1,400 feet upstream of Longridge Road +790 Unincorporated Areas of Clay County. Approximately 390 feet upstream of Stockdale road +814 Dry Fork At the downstream side of South Thompson Avenue +773 City of Excelsior Springs, Unincorporated Areas of Clay County. Approximately 0.6 mile downstream of Salem Road +905 East Creek Approximately 550 feet downstream of North Broadway Avenue +867 City of Gladstone. At the upstream side of Northeast 61st Street +904 East Fork Fishing River At the Fishing River confluence +744 City of Excelsior Springs, Unincorporated Areas of Clay County. Approximately 1,200 feet upstream of Isley Boulevard +786 East Fork Fishing River Tributary 2 Approximately 154 feet downstream of Saint Louis Avenue +768 City of Excelsior Springs. Approximately 1,600 feet upstream of Saint Louis Avenue +768 East Fork Line Creek Tributary 1 Approximately 1,120 feet upstream of Arrowhead Trafficway +909 City of Gladstone. Approximately 1,150 feet upstream of Arrowhead Trafficway +909 First Creek At the Second Creek confluence +819 City of Smithville, Unincorporated Areas of Clay County. At the Platte County boundary +864 Fishing River At the Ray County boundary +731 City of Kearney, City of Mosby, Unincorporated Areas of Clay County, Village of Prathersville. Approximately 0.5 mile downstream of North Home Avenue +860 Holmes Creek At the Fishing River confluence +763 City of Kearney, City of Mosby, Unincorporated Areas of Clay County. Approximately 1.1 miles upstream of North State Route 33 +829 Little Platte River Approximately 1.2 miles downstream of U.S. Route 169 +810 City of Smithville, Unincorporated Areas of Clay County. Approximately 0.5 mile downstream of State Route F +815 Little Shoal Creek At the Shoal Creek confluence +744 City of Glenaire, City of Liberty, City of Pleasant Valley, Village of Claycomo. At the upstream side of North Church Road +800 Little Shoal Creek Tributary 5 Approximately 0.4 mile upstream of the Little Shoal Creek confluence +764 City of Liberty. At the downstream side of South State Route 291 +843 Little Shoal Creek Tributary 6 At the downstream side of Smiley Street +765 City of Glenaire, City of Liberty. Approximately 600 feet downstream of Liberty Drive +830 Little Shoal Creek Tributary 7 At the Little Shoal Creek confluence +764 City of Glenaire, City of Liberty. Approximately 300 feet upstream of Kings Highway +798 Mill Creek At the upstream side of Randolph Road +789 City of Gladstone, Village of Claycomo. At the downstream side of Northeast 62nd Terrace +949 Missouri River At the Ray County boundary +717 City of Missouri City, City of North Kansas City, Unincorporated Areas of Clay County, Village of Randolph. Approximately 300 feet upstream of I-29 +748 Muddy Fork At the Clear Creek confluence +788 City of Holt, City of Kearney, Unincorporated Areas of Clay County. Approximately 0.6 mile upstream of County Road BB +863 Old Maids Creek Approximately 980 feet upstream of Arrowhead Trafficway +896 City of Gladstone. Approximately 990 feet upstream of Arrowhead Trafficway +896 Owens Branch At the Little Platte River confluence +812 City of Smithville, Unincorporated Areas of Clay County. Approximately 1,000 feet downstream of Northeast 188th Street +911 Polecat Creek At the Wilkerson Creek confluence +884 Unincorporated Areas of Clay County. Approximately 0.95 mile upstream of Clementine Road +980 Randolph Creek At the upstream side of the most downstream crossing of I-435 +751 City of Randolph. At the downstream side of the most upstream crossing of I-435 +779 Randolph Creek Tributary At the Randolph Creek confluence +751 City of Randolph. Approximately 1,700 feet upstream of the Randolph Creek confluence +763 Rock Creek At the upstream side of Armour Road +759 City of Avondale, City of North Kansas City. Approximately 150 feet upstream of Northeast Excelsior Street +780 Rock Creek Gladstone Approximately 150 feet upstream of North Jackson Drive +851 City of Gladstone. Approximately 250 feet upstream of Northeast 72nd Street +934 Rock Creek Tributary 11 (backwater effects from Rock Creek Tributary 11.2) From the Rock Creek Tributary 11.2 confluence to the downstream side of I-29 +761 City of North Kansas City. Rock Creek Tributary 11.2 At the upstream side of Armour Road +758 City of North Kansas City. Approximately 640 feet upstream of I-29 +784 Rocky Branch At the Wilkerson Creek confluence +848 City of Smithville, Unincorporated Areas of Clay County. Approximately 250 feet downstream of Northeast 132nd Street +888 Rush Creek At the Missouri River confluence +727 City of Liberty, Unincorporated Areas of Clay County. At the Rush Creek Tributary 15 confluence +826 Second Creek At the Little Platte River confluence +813 City of Smithville, Unincorporated Areas of Clay County. At the Platte County boundary +822 Shoal Creek Tributary 20 At the Shoal Creek confluence +769 City of Pleasant Valley. Approximately 300 feet downstream of North Corrington Avenue +824 Shoal Creek Tributary 20.1 At the Shoal Creek Tributary 20 confluence +773 City of Pleasant Valley. Approximately 1,400 feet upstream of Kaill Road +805 Town Branch At the Shoal Creek confluence +734 City of Liberty. Approximately 0.8 mile upstream of East Ruth Ewing Road +775 Wilkerson Creek Approximately 400 feet upstream of East County Road DD +817 City of Smithville, Unincorporated Areas of Clay County. Approximately 0.4 mile upstream of the Wilkerson Creek Tributary 5 confluence +936 Williams Creek At the Fishing River confluence +758 Unincorporated Areas of Clay County, Village of Pratherville. Approximately 0.5 mile upstream of County Road RA +851 Williams Creek Tributary 14 At the Williams Creek confluence +817 Unincorporated Areas of Clay County. Approximately 150 feet upstream of Northeast 161st Street +834 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
    ADDRESSES City of Avondale Maps are available for inspection at City Hall, 3007 Northeast Highway 10, Avondale, MO 64117. City of Excelsior Springs Maps are available for inspection at City Hall, 201 East Broadway Street, Excelsior Springs, MO 64024. City of Gladstone Maps are available for inspection at City Hall, 7010 North Holmes Street, Gladstone, MO 64118. City of Glenaire Maps are available for inspection at City Hall, 309 Smiley Road, Glenaire, MO 64068. City of Holt Maps are available for inspection at City Hall, 315 Main Street, Holt, MO 64048. City of Kearney Maps are available for inspection at City Hall, 100 East Washington Street, Kearney, MO 64060. City of Lawson Maps are available for inspection at City Hall, 103 South Pennsylvania Avenue, Lawson, MO 64062. City of Liberty Maps are available for inspection at City Hall, 101 East Kansas Street, Liberty, MO 64068. City of Missouri City Maps are available for inspection at the Clay County Planning and Zoning Department, 234 West Shrader Street, Suite C, Liberty, MO 64068. City of Mosby Maps are available for inspection at City Hall, 12312 4th Street, Mosby, MO 64024. City of North Kansas City Maps are available for inspection at City Hall, 2010 Howell Street, North Kansas City, MO 64116. City of Pleasant Valley Maps are available for inspection at City Hall, 6500 Royal Street, Pleasant Valley, MO 64068. City of Randolph Maps are available for inspection at City Hall, 7777 North East Birmingham Road, Randolph, MO 64161. City of Smithville Maps are available for inspection at City Hall, 107 West Main Street, Smithville, MO 64089. Unincorporated Areas of Clay County Maps are available for inspection at the Clay County Planning and Zoning Department, 234 West Shrader Street, Suite C, Liberty, MO 64068. Village of Claycomo Maps are available for inspection at the Village Municipal Office, 115 East Highway 69, Claycomo, MO 64119. Village of Prathersville Maps are available for inspection at the Clay County Planning and Zoning Department, 234 West Shrader Street, Suite C, Liberty, MO 64068.
    [FR Doc. 2015-21741 Filed 9-1-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 591and 592 [Docket No. NHTSA-2015-0076] RIN 2127-AL63 Allowing Importers To Provide Information to U.S. Customs and Border Protection in Electronic Format AGENCY:

    National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).

    ACTION:

    Interim Final Rule; request for comments.

    SUMMARY:

    This interim Final Rule amends NHTSA's regulation on the importation of motor vehicles and motor vehicle equipment subject to Federal safety, bumper and theft prevention standards by allowing importers to provide information to United States Customs and Border Protection (CBP) in either electronic or paper format. Presently, certain regulatory provisions require importers to provide documentation or information in a “written statement” or in ways that imply the submission of a paper document, including the phrases “in duplicate,” “a copy of,” a “document,” and “accompanied by a statement.” Over the course of the coming months, CBP plans to allow importers to file importation information in paper format only or electronic format only. To allow importers to choose their preferred format for filing information required by NHTSA, the agency is amending its importation regulations to specify that importers have the option to file all required information electronically, in addition to the paper option currently available.

    This document is being issued as an interim Final Rule to provide timely assistance to importers by allowing alternative methods of filing with CBP the importation information required by NHTSA. The amendments in this interim Final Rule do not create any new rights or obligations, nor impose any new reporting requirements. The agency herein requests comments on the rule. The agency will publish a notice responding to any comments received, if any, and will amend provisions of the regulation if appropriate.

    DATES:

    Effective date: This interim Final Rule becomes effective September 2, 2015.

    Comments: Comments on this interim Final Rule are due not later than October 2, 2015.

    ADDRESSES:

    Written comments to NHTSA may be submitted using any one of the following methods:

    Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting comments.

    Mail: Docket Management Facility, M-30, U.S. Department of Transportation, West Building Ground Floor, Rm. W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Rm. W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.

    Fax: (202) 493-2251.

    Regardless of how you submit your comments, please be sure you mention the docket number of this document located at the top of this notice in your correspondence.

    You may call the Docket at 202-366-9324.

    Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Arija Flowers, Trial Attorney, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-5263).

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Background II. Immediate Effective Date and Request for Comments III. Regulatory Analyses and Notices I. Background

    Under 49 CFR parts 591 and 592, importers of motor vehicles and motor vehicle equipment are required, among other things, to provide certain information to NHTSA at the time of importation, which is collected by CBP. In the past, CBP collected all information on paper but has moved to a system that allows for either paper format filing or a “hybrid” combination of paper and electronic filing. Beginning in the fall of 2015, and with pilot programs beginning in the summer of 2015, CBP is introducing a new data collection system that will allow importers to make an electronic reporting of commodities being presented for importation at U.S. ports. After implementation of this new system, CBP may require importation declaration documents to be filed in either all paper or all electronic format. CBP is currently advising that importers will no longer have the option of using the “hybrid” filing system.

    Currently, there are several provisions within 49 CFR part 591, Importation of Vehicles and Equipment Subject to Federal Safety, Bumper and Theft Prevention Standards, and a provision in 49 CFR part 592, Registered Importers of Vehicles Not Originally Manufactured to Conform to the Federal Motor Vehicle Safety Standards, that either explicitly or impliedly require a paper filing for specific pieces of data. Thus, maintaining these provisions may mean that, once the new CBP data collection system is implemented, importers would be required to file on paper, imposing an unintended burden on those currently making hybrid filings. To avoid this result, this interim Final Rule amends the wording of the provisions in 49 CFR parts 591 and 592 that explicitly or impliedly require paper filings clarifying that filings can be made in any format accepted by CBP. This rulemaking does not impose additional obligations or burdens on any party and, specifically, does not require filing of any new or additional information. Rather, it provides importers with the option of filing importation information already required under 49 CFR parts 591 and 592 in either paper or electronic format, according to their preference.

    In its rulemaking establishing a continuous entry DOT conformance bond, NHTSA required an importer to present to CBP at the time of importation a copy of Customs Form (CF) 7501. The requirement to furnish a copy of the CF 7501 was initially established at 49 CFR 591.6(c) and 49 CFR 592.6. The agency stated that the CF 7501 contained certain information such as the entered value of the vehicle that was necessary if NHTSA decided to enforce forfeiture of the DOT conformance bond. NHTSA has determined that it no longer needs information from the CF 7501 to pursue DOT conformance bond forfeiture and this requirement is being deleted from the regulation. Additionally, elimination of this previously required documentation will reduce the burden on importers.

    This document is being issued as an interim Final Rule to provide timely assistance to importers by allowing alternative methods of filing importation documents with CBP. The amendments in this interim Final Rule do not create any new rights or obligations, nor impose any new reporting requirements. The agency herein requests comments on the rule. The agency will publish a notice responding to any comments received and, if appropriate, will amend provisions of the regulation.

    This rule also amends the delegations of authority to reflect the current CFR citations.

    II. Immediate Effective Date and Request for Comments

    The Administrative Procedure Act requires notice of a proposed rulemaking and opportunity for public comment unless an exception applies. 5 U.S.C. 553(b). One of these exceptions is when the agency finds good cause not to provide notice and public comment because public comment is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates that finding, and briefly states the reasons for that finding, in the rule. 5 U.S.C. 553(b)(3)(B). NHTSA has determined that there is good cause for not taking public comment prior to issuing this interim Final Rule since NHTSA does not anticipate any negative comments or opposition to allowing importers to file importation documentation in any format provided by CBP, making public comment unnecessary. Further, NHTSA has determined that there is good cause for not taking public comment prior to issuing this interim Final Rule because it is contrary to the public interest to take public comment where CBP is piloting the electronic filing system in the coming weeks, with implementation throughout fall 2015, and importers could be prevented from participating in both the pilot programs and the fully operational electronic filing system until these regulatory changes are made.

    Further, the amendments in this interim Final Rule do not create any new rights or obligations not already present in 49 CFR parts 591 and 592. Because this interim Final Rule does not create any rights or obligations, the impacts of this rule are insignificant, making notice and public comment unnecessary.

    As an interim Final Rule, this regulation is fully in effect and binding upon its effective date. No further regulatory action by the agency is necessary to make this rule effective. However, in order to benefit from any comments that interested parties and the public may have, the agency is soliciting comments on this notice. Should any pertinent comments be submitted, following the close of the comment period, the agency will publish a notice responding to those comments and, if appropriate, will amend the provisions of this rule.

    III. Regulatory Analyses and Notices A. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under Executive Order 12866, Executive Order 13563, and the DOT's regulatory policies and procedures. This interim Final Rule was not reviewed by the Office of Management and Budget (OMB) under E.O. 12866, “Regulatory Planning and Review.” It is not considered to be significant under E.O. 12866 or the Department's regulatory policies and procedures.

    This regulation amends 49 CFR parts 591 and 592 to allow importers of motor vehicles and motor vehicle equipment to file customs declarations electronically, as available and offered by CBP, in addition to the paper format filing option otherwise available. This final rule does not require importers to use electronic filing, nor file any different or additional information when utilizing electronic filing and, instead, is designed to reduce the burden on importers by enabling them to utilize their preferred customs declaration format. Importers are not required to take any action(s) that they are not otherwise already required to take. Because there are not any costs or savings associated with this rulemaking, which provides various filing options for importers, we have not prepared a separate economic analysis for this rulemaking.

    B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., NHTSA has evaluated the effects of this action on small entities. I hereby certify that this rule would not have a significant impact on a substantial number of small entities. The interim Final Rule affects importers of motor vehicles and motor vehicle equipment, some of which qualify as small businesses. However, this rule does not significantly affect these entities because it does not require any additional actions on their part not already required by 49 CFR parts 591 and 592, but instead provides an electronic filing option, in addition to the paper filing option, for customs declarations according to the importer's preference.

    C. Executive Order 13132 (Federalism)

    NHTSA has examined today's rule pursuant to Executive Order 13132 (64 FR 43255, August 10, 1999) and concluded that no additional consultation with States, local governments or their representatives is mandated beyond the rulemaking process. The agency has concluded that the rulemaking would not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. The interim Final Rule would not have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This interim Final Rule also will not preempt any state law.

    D. National Environmental Policy Act

    NHTSA has analyzed this interim Final Rule for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this action will not have any significant impact on the quality of the human environment.

    E. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 1995, a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB clearance number. The information collection requirements for 49 CFR part 591, Importation of Vehicles and Equipment Subject to Federal Safety, Bumper and Theft Prevention Standards, and 49 CFR part 592, Registered Importers of Vehicles Not Originally Manufactured to Conform to the Federal Motor Vehicle Safety Standards, are covered by OMB control number 2127-0002. The amendments in today's interim Final Rule have no impact on the burden associated with this information collection.

    F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Pub. L. 104-113), “all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments.” The amendments in today's interim Final Rule allow importers of motor vehicles and motor vehicle equipment to file declarations with CBP electronically, using the electronic systems established by CBP, and do not involve any voluntary consensus standards as it relates to NHTSA or this rulemaking.

    G. Civil Justice Reform

    With respect to the review of the promulgation of a new regulation, section 3(b) of Executive Order 12988, “Civil Justice Reform” (61 FR 4729, February 7, 1996) requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect; (2) clearly specifies the effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct, while promoting simplification and burden reduction; (4) clearly specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. This document is consistent with that requirement.

    Pursuant to this Order, NHTSA has considered these issues and determined that this interim Final Rule would not have any retroactive or preemptive effect. NHTSA notes further that there is no requirement that individuals submit a petition for reconsideration or pursue other administrative proceeding before they may file suit in court.

    H. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to prepare a written assessment of the costs, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually (adjusted for inflation with base year of 1995). This interim Final Rule would not result in expenditures by State, local or tribal governments, in the aggregate, or by the private sector in excess of $100 million annually.

    I. Executive Order 13211

    Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any rulemaking that: (1) Is determined to be economically significant as defined under E.O. 12866, and is likely to have a significantly adverse effect on the supply of, distribution of, 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. This rulemaking is not subject to E.O. 13211.

    J. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda.

    List of Subjects in 49 CFR Parts 591 and 592

    Administrative practice and procedure, Crime, Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Surety bonds.

    For the reasons discussed in the preamble, NHTSA amends 49 CFR parts 591 and 592 as follows:

    PART 591—IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL SAFETY, BUMPER, AND THEFT PREVENTION STANDARDS 1. The authority citation for Part 591 is revised to read as follows: Authority:

    Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-30147; delegation of authority at 49 CFR 1.95.

    2. Amend § 591.5 by revising the introductory text to read as follows:
    § 591.5 Declarations required for importation.

    No person shall import a motor vehicle or item of motor vehicle equipment into the United States unless, at the time it is offered for importation, its importer files a declaration and documentation, in a paper or electronic format accepted by U.S. Customs and Border Protection, which declares one of the following:

    3. Amend § 591.6 by revising the introductory text and paragraphs (a), (b), (c), (d), (e), (f) and (g) to read as follows:
    § 591.6 Documents accompanying declarations.

    Declarations of eligibility for importation made pursuant to § 591.5 must be accompanied by the following certification and documents, filed either on paper or electronically, as applicable:

    (a) A declaration made pursuant to § 591.5(a) shall be accompanied by a written or electronic statement substantiating that the vehicle was not manufactured for use on the public roads or that the equipment item was not manufactured for use on a motor vehicle or is not an item of motor vehicle equipment.

    (b) A declaration made pursuant to § 591.5(e) shall be accompanied by:

    (1) (For a motor vehicle) a written or electronic document meeting the requirements of § 568.4 of Part 568 of this chapter.

    (2) (For an item of motor vehicle equipment) a written or electronic statement issued by the manufacturer of the equipment item which states the applicable Federal motor vehicle safety standard(s) with which the equipment item is not in compliance, and which describes the further manufacturing required for the equipment item to perform its intended function.

    (c) A declaration made pursuant to paragraph (f) of § 591.5, and under a bond for the entry of a single vehicle, shall be accompanied by a written or electronic image of a bond in the form shown in appendix A to this part, in an amount equal to 150% of the dutiable value of the vehicle, or, if under bond for the entry of more than one vehicle, shall be accompanied by a written or electronic image of a bond in the form shown in appendix B to this part, for the conformance of the vehicle(s) with all applicable Federal motor vehicle safety and bumper standards, or, if conformance is not achieved, for the delivery of such vehicles to the Secretary of Homeland Security for export at no cost to the United Sates, or for its abandonment.

    (d) A declaration made pursuant to § 591.5(f) by an importer who is not a Registered Importer shall be accompanied by a paper or electronic copy of the contract or other agreement that the importer has with a Registered Importer to bring the vehicle into conformance with all applicable Federal motor vehicle safety standards.

    (e) A declaration made pursuant to § 591.5(h) shall be accompanied by a paper or electronic version of the importer's official orders or, if a qualifying member of the personnel of a foreign government on assignment in the United States, the name of the embassy to which the importer is accredited.

    (f) A declaration made pursuant to § 591.5(j) shall be accompanied by the following documentation:

    (1) A declaration made pursuant to § 591.5(j)(1)(i), (ii), (iv), or (v) and (j)(2)(i) shall be accompanied by a paper copy of the Administrator's permission letter, or for electronic reporting by entering the unique identifying number of the Administrator's permission letter into a U.S. Customs and Border Protection electronic data collection system, authorizing importation pursuant to § 591.5(j)(1)(i), (ii), (iv), or (v) and (j)(2)(i). Any person seeking to import a motor vehicle or motor vehicle equipment pursuant to these sections shall submit, in advance of such importation, a written request to the Administrator containing a full and complete statement identifying the vehicle or equipment, its make, model, model year or date of manufacture, VIN if a motor vehicle, and the specific purpose(s) of importation. The discussion of purpose(s) shall include a description of the use to be made of the vehicle or equipment. If use on the public roads is an integral part of the purpose for which the vehicle or equipment is imported, the statement shall request permission for use on the public roads, describing the purpose which makes such use necessary, and stating the estimated period of time during which use of the vehicle or equipment on the public roads is necessary. The request shall also state the intended means of final disposition, and disposition date, of the vehicle or equipment after completion of the purposes for which it is imported. The request shall be addressed to: Director, Office of Vehicle Safety Compliance, Fourth Floor, Room W43-481, Mail Code NVS-220, 1200 New Jersey Avenue SE., Washington, DC 20590.

    (2) A declaration made pursuant to § 591.5(j)(1)(iii) and (j)(2)(i) shall be accompanied by a paper copy of the Administrator's permission letter, or for electronic reporting by entering the unique identifying number of the Administrator's permission letter into a U.S. Customs and Border Protection electronic data collection system, authorizing importation pursuant to § 591.5(j)(1)(iii) and (j)(2)(i). Any person seeking to import a motor vehicle or motor vehicle equipment pursuant to those sections shall submit, in advance of such importation, a written request to the Administrator containing a full and complete statement identifying the equipment item or the vehicle and its make, model, model year or date of manufacture, VIN, and mileage at the time the request is made. The importer's written request to the Administrator shall explain why the vehicle or equipment item is of historical or technological interest. The importer shall also state that until the vehicle is not less than 25 years old, (s)he shall not sell, or transfer possession of, or title to, the vehicle, and shall not license it for use, or operate it on the public roads, except under such terms and conditions as the Administrator may authorize. If the importer wishes to operate the vehicle on the public roads, the request to the Administrator shall include a description of the purposes for which (s)he wishes to use it on the public roads, a copy of an insurance policy or a contract to acquire an insurance policy, which contains as a condition thereof that the vehicle will not accumulate mileage of more than 2,500 miles in any 12-month period and a statement that the importer shall maintain such policy in effect until the vehicle is not less than 25 years old, a statement that the importer will allow the Administrator to inspect the vehicle at any time after its importation to verify that the accumulated mileage of the vehicle is not more than 2,500 miles in any 12-month period, and a statement that the vehicle will not be used on the public roads unless it is in compliance with the regulations of the Environmental Protection Agency.

    (3) A declaration made pursuant to § 591.5(j)(2)(ii) shall be accompanied by the importer's written statement, or by entering in electronic format information contained in the statement, into the U.S. Customs and Border Protection electronic data collection system, describing the use to be made of the vehicle or equipment item. If use on the public roads is an integral part of the purpose for which the vehicle or equipment item is imported, the statement shall describe the purpose which makes such use necessary, state the estimated period of time during which use of the vehicle or equipment item on the public roads is necessary, and state the intended means of final disposition (and disposition date) of the vehicle or equipment item after completion of the purpose for which it is imported.

    (g) A declaration made pursuant to § 591.5(l) shall be accompanied by the following documentation:

    (1) A paper copy of the Administrator's permission letter, or for electronic reporting by entering the unique identifying number of the Administrator's permission letter into a U.S. Customs and Border Protection electronic data collection system, authorizing importation pursuant to § 591.5(l). A Registered Importer seeking to import a motor vehicle pursuant to this section must submit, in advance of such importation, a written request to the Administrator containing a full and complete statement identifying the vehicle, its original manufacturer, model, model year (if assigned), date of manufacture, and VIN. The statement must also declare that the specific purpose of importing this vehicle is to prepare a petition to the Administrator requesting a determination whether the vehicle is eligible for importation pursuant to Part 593 and that the importer has filed, or intends to file within 180 days of the vehicle's entry date, a petition pursuant to § 593.5. The request must be addressed to: Director, Office of Vehicle Safety Compliance, Fourth Floor, Room W43-481, Mail Code NVS-220, 1200 New Jersey Avenue SE., Washington, DC 20590.

    (2) [Reserved]

    PART 592—REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS 4. The authority citation for Part 592 is revised to read as follows: Authority:

    Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-30147; delegation of authority at 49 CFR 1.95.

    5. Amend § 592.6 by revising paragraph (a) to read as follows:
    § 592. Duties of a registered importer.

    (a) With respect to each motor vehicle that it imports into the United States, assure that the Administrator has decided that the vehicle is eligible for importation pursuant to Part 593 of this chapter prior to such importation. The Registered Importer must also bring such vehicle into conformity with all applicable Federal motor vehicle safety standards prescribed under Part 571 of this chapter and the bumper standard prescribed under Part 581 of this chapter, if applicable, and furnish certification to the Administrator pursuant to paragraph (e) of this section, within 120 calendar days after such entry. For each motor vehicle, the Registered Importer must furnish to the Secretary of Homeland Security at the time of importation a bond in an amount equal to 150 percent of the dutiable value of the vehicle, as determined by the Secretary of Homeland Security, to ensure that such vehicle either will be brought into conformity with all applicable Federal motor vehicle safety and bumper standards or will be exported (at no cost to the United States) by the importer or the Secretary of Homeland Security or abandoned to the United States. However, if the Registered Importer has procured a continuous entry bond, it must furnish the Administrator with such bond, and must furnish the Secretary of Homeland Security (acting on behalf of the Administrator) with a paper or electronic copy, in a format accepted by U.S. Customs and Border Protection, of such bond at the time of importation of each motor vehicle.

    Issued in Washington, DC, on August 25, 2015 under authority delegated in 49 CFR Part 1.95. Mark R. Rosekind, Administrator.
    [FR Doc. 2015-21505 Filed 9-1-15; 8:45 am] BILLING CODE 4910-59-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140117052-4402-02] RIN 0648-XE096 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; quota transfer.

    SUMMARY:

    NMFS approves the transfer of 2015 commercial Atlantic bluefish quota from the State of North Carolina and the Commonwealth of Virginia to the State of Rhode Island. These transfers comply with the Bluefish Fishery Management Plan quota transfer provisions, specified in federal regulations. This announcement also informs the public of the revised commercial quota for each state involved.

    DATES:

    Effective September 1, 2015, through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Reid Lichwell, Fishery Management Specialist, (978) 281-9112.

    SUPPLEMENTARY INFORMATION:

    Regulations governing the bluefish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from Florida through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.162.

    The final rule implementing Amendment 1 to the Bluefish Fishery Management Plan published in the Federal Register on July 26, 2000 (65 FR 45844), provided a mechanism for transferring bluefish quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Greater Atlantic Region, NMFS (Regional Administrator), can transfer or combine bluefish commercial quota under § 648.162(e). The Regional Administrator is required to consider the criteria in § 648.162(e) in the evaluation of requests for quota transfers or combinations.

    North Carolina has agreed to transfer 100,000 lb (45,359 kg), and Virginia 50,000 lb (22,680 kg) of their 2015 commercial bluefish quotas to Rhode Island. This transfer was requested by state officials in Rhode Island to ensure their commercial bluefish quota is not exceeded. The Regional Administrator has determined that the criteria set forth in § 648.162(e)(1) are met and approves these transfers. The revised bluefish quotas for calendar year 2015 are: North Carolina, 1,380,371 lb (626,126 kg); Virginia, 422,629 lb (191,701 kg); and Rhode Island 506,826 lb (229,892 kg), based on quota defined in the final 2015 Atlantic Bluefish Specifications (80 FR 46848, published on August 6, 2015).

    Classification

    This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 27, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-21638 Filed 9-1-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 150316270-5270-01] RIN 0648-XE121 Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #22 through #29 AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Modification of fishing seasons; request for comments.

    SUMMARY:

    NMFS announces eight inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational salmon fisheries in the area from the U.S./Canada border to the U.S./Mexico border.

    DATES:

    The effective dates for the inseason actions are set out in this document under the heading Inseason Actions. Comments will be accepted through September 17, 2015.

    ADDRESSES:

    You may submit comments, identified by NOAA-NMFS-2015-0001, by any one of the following methods:

    Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0001, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-6349.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    FOR FURTHER INFORMATION CONTACT:

    Peggy Mundy at 206-526-4323.

    SUPPLEMENTARY INFORMATION: Background

    In the 2015 annual management measures for ocean salmon fisheries (80 FR 25611, May 5, 2015), NMFS announced the commercial and recreational fisheries in the area from the U.S./Canada border to the U.S./Mexico border, beginning May 1, 2015, and 2016 salmon fisheries opening earlier than May 1, 2016. NMFS is authorized to implement inseason management actions to modify fishing seasons and quotas as necessary to provide fishing opportunity while meeting management objectives for the affected species (50 CFR 660.409). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR 660.409(a)—Fixed inseason management provisions) or upon consultation with the Pacific Fishery Management Council (Council) and the appropriate State Directors (50 CFR 660.409(b)—Flexible inseason management provisions). The state management agencies that participated in the consultations described in this document were: Oregon Department of Fish and Wildlife (ODFW) and Washington Department of Fish and Wildlife (WDFW).

    Management of the salmon fisheries is generally divided into two geographic areas: north of Cape Falcon (U.S./Canada border to Cape Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./Mexico border). The inseason actions reported in this document affect fisheries north and south of Cape Falcon. All times mentioned refer to Pacific daylight time.

    Inseason Actions Inseason Action #22

    Description of action: Inseason action #22 adjusted the daily bag limit in the recreational salmon fishery in the Westport Subarea (Queets River, WA to Leadbetter Point, WA) to allow retention of two Chinook salmon; previously, only one Chinook salmon could be retained daily.

    Effective dates: Inseason action #22 took effect on August 15, 2015, and remains in effect until the end of the 2015 recreational salmon fishery, or until modified by further inseason action.

    Reason and authorization for the action: The Regional Administrator (RA) considered fishery effort and Chinook salmon landings to date, and determined that sufficient quota remained to allow an increase in the Chinook salmon bag limit without exceeding the quota. Inseason action to modify recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).

    Consultation date and participants: Consultation on inseason action #22 occurred on August 12, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    Inseason Action #23

    Description of action: Inseason action #23 modified the daily bag limit in the recreational salmon fishery in the Neah Bay Subarea (U.S./Canada border to Cape Alava, WA) to allow retention of one Chinook salmon per day for two days, beginning at 12:01 a.m., August 14, 2015 through 11:59 p.m., August 15, 2015. Effective 12:01 a.m., August 16, 2015, non-retention of Chinook salmon in this subarea resumed. This action superseded inseason action #18.

    Effective dates: Inseason action #23 took effect on August 14, 2015, and remained in effect until it was superseded by inseason action #28 on August 21, 2015.

    Reason and authorization for the action: Under inseason action #18, which took effect August 2, 2015, NMFS implemented non-retention of Chinook salmon in the recreational salmon fishery in the Neah Bay Subarea, to prevent exceeding the subarea guideline for Chinook salmon harvest. In the consultation on August 12, 2015, that lead to inseason action #23, the RA considered fishery effort and updated Chinook salmon landings to date and determined that the subarea guideline had sufficient Chinook salmon available to allow limited Chinook salmon retention. This action also made regulations in the Neah Bay Subarea consistent with regulations in adjacent state waters that allow Chinook retention through August 15, 2015. Inseason action to modify recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).

    Consultation date and participants: Consultation on inseason action #23 occurred on August 12, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    Inseason Action #24

    Description of action: Inseason action #24 adjusted the summer quota (July through September) for the commercial salmon fishery north of Cape Falcon. Unutilized quota from the spring season was rolled over to the summer season. The adjusted summer quota is 27,830 Chinook salmon.

    Effective dates: Inseason action #24 took effect August 12, 2015, and remains in effect until the end of the 2015 commercial salmon fishery.

    Reason and authorization for the action: The quota for the spring commercial salmon fishing season north of Cape Falcon was 40,200 Chinook salmon, of which, 39,170 Chinook salmon were harvested, leaving 1,030 Chinook salmon unutilized. The STT calculated the quota rollover from the spring fishing season to the summer fishing season on an impact-neutral basis for the lower Columbia River natural tule Chinook salmon stock, and determined the rollover could be implemented on a 1 to 1 basis, with no adjustment needed. Therefore, 1,030 Chinook salmon were added to the summer quota that was set preseason at 26,800 Chinook salmon, resulting in an adjusted summer quota of 27,830 Chinook salmon. Modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #24 occurred on August 12, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    Inseason Action #25

    Description of action: Inseason action #25 modified the landing and possession limit for Chinook salmon in the commercial salmon fishery north of Cape Falcon to 50 Chinook salmon per vessel per open period in all areas north of Cape Falcon. This action superseded inseason action #15 (80 FR 43336).

    Effective dates: Inseason action #25 took effect on August 14, 2015, and remained in effect until it was superseded by inseason action #29 on August 21, 2015.

    Reason and authorization for the action: The annual management measures (80 FR 25611) set the landing and possession limits for the summer commercial salmon fishery north of Cape Falcon at 50 Chinook salmon and 50 marked coho per vessel per open period. Inseason action #15, which took effect on July 10, 2015 (80 FR 43336), modified the Chinook salmon landing and possession limit to 60 Chinook salmon north of the Queets River or 75 Chinook salmon south of the Queets River. On August 12, the RA considered fishery effort and Chinook salmon and coho landings to date, and determined that adjusting the Chinook salmon landing limit to 50 Chinook salmon per vessel per open period, in all areas north of Cape Falcon, would allow access to remaining quota without exceeding the quota. Inseason action to modify quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #25 occurred on August 12, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    Inseason Action #26

    Description of action: Inseason action #26 adjusted the quota for the Cape Falcon to Humbug Mountain recreational non-mark-selective coho fishery that begins September 4, 2015. Unutilized quota from the June through August mark-selective coho fishery was rolled over to the non-mark-selective coho fishery on an impact-neutral basis. The adjusted quota is 20,700 non-mark-selective coho.

    Effective dates: Inseason action #26 is effective from September 4, 2015 to the end of the 2015 recreational salmon fishery.

    Reason and authorization for the action: The annual management measures (80 FR 25611) provide that any remainder of the quota from the Cape Falcon to Oregon/California border mark-selective coho fishery (June 27, 2015 through August 9, 2015) will be transferred on an impact-neutral basis to the September non-selective coho quota from Cape Falcon to Humbug Mountain. The mark-selective coho fishery had 40,092 unutilized mark-selective coho. The STT calculated that the impact-neutral rollover of that remainder from the mark-selective coho fishery yielded 8,219 non-mark-selective coho. The state of Oregon requested a reduced rollover of 8,200 non-mark-selective coho, to allow a buffer for assumed, but not yet accounted impacts. The RA concurred with the rollover, which adjusted the non-mark-selective quota from 12,500 to 20,700 non-mark-selective coho. Modification of quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #26 occurred on August 19, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    Inseason Action #27

    Description of action: Inseason action #27 terminated retention of Pacific halibut caught incidental to the commercial salmon fishery, at 11:59 p.m., August 20, 2015, due to attainment of the allocation that was set by the International Pacific Halibut Commission (IPHC). All halibut must be landed within 24 hours of this closure.

    Effective dates: Inseason action #27 took effect August 20, 2015 and remains in effect through the end of the 2015 commercial salmon fishery.

    Reason and authorization for the action: The RA considered landings and effort to date, and took action to terminate retention of Pacific halibut caught incidental to the commercial salmon fishery due to projected attainment of the allocation set by the IPHC. Inseason action to modify fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #27 occurred on August 19, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, ODFW, and IPHC.

    Inseason Action #28

    Description of action: Inseason action #28 modified the daily bag limit in the recreational salmon fishery in the Neah Bay Subarea (U.S./Canada border to Cape Alava, WA) to allow retention of one Chinook salmon per day. This action superseded inseason action #23.

    Effective dates: Inseason action #28 took effect August 21, 2015, and remains in effect until the end of the 2015 recreational salmon fishery, or until modified by further inseason action.

    Reason and authorization for the action: The RA considered landings and effort to date and took this action to allow access to remaining Chinook salmon without exceeding the guideline in the Neah Bay Subarea. Inseason action to modify recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).

    Consultation date and participants: Consultation on inseason action #28 occurred on August 19, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    Inseason Action #29

    Description of action: Inseason action #29 modified the landing and possession limit for Chinook salmon in the commercial salmon fishery north of Cape Falcon to 40 Chinook salmon per vessel per open period in all areas north of Cape Falcon. This action superseded inseason action #25.

    Effective dates: Inseason action #29 took effect on August 21, 2015, and remains in effect until the end of the 2015 commercial salmon fishery, or until modified by further inseason action.

    Reason and authorization for the action: The RA considered fishery effort and Chinook salmon and coho landings to date, and determined that adjusting the Chinook salmon landing limit would allow access to remaining quota without exceeding the quota. Inseason action to modify quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

    Consultation date and participants: Consultation on inseason action #28 occurred on August 19, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW.

    All other restrictions and regulations remain in effect as announced for the 2015 ocean salmon fisheries and 2016 salmon fisheries opening prior to May 1, 2016 (80 FR 25611, May 5, 2015).

    The RA determined that the best available information indicated that halibut, coho, and Chinook salmon catch to date and fishery effort supported the above inseason actions recommended by the states of Washington and Oregon. The states manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with these Federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice of the described regulatory actions was given, prior to the time the action was effective, by telephone hotline numbers 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.

    Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B) because such notification would be impracticable. As previously noted, actual notice of the regulatory actions was provided to fishers through telephone hotline and radio notification. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (80 FR 25611, May 5, 2015), the West Coast Salmon Fishery Management Plan (Salmon FMP), and regulations implementing the Salmon FMP, 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was impracticable because NMFS and the state agencies had insufficient time to provide for prior notice and the opportunity for public comment between the time Chinook salmon catch and effort assessments and projections were developed and fisheries impacts were calculated, and the time the fishery modifications had to be implemented in order to ensure that fisheries are managed based on the best available scientific information, ensuring that conservation objectives and ESA consultation standards are not exceeded. The AA also finds good cause to waive the 30-day delay in effectiveness required under 5 U.S.C. 553(d)(3), as a delay in effectiveness of these actions would allow fishing at levels inconsistent with the goals of the Salmon FMP and the current management measures.

    These actions are authorized by 50 CFR 660.409 and 660.411 and are exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 28, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-21770 Filed 9-1-15; 8:45 am] BILLING CODE 3510-22-P
    80 170 Wednesday, September 2, 2015 Proposed Rules DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2015-0053] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection—DHS/CBP-020 Export Information System (EIS) System of Records System of Records AGENCY:

    Privacy Office, Department of Homeland Security.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Department of Homeland Security is giving concurrent notice for the newly established “Department of Homeland Security/U.S. Customs and Border Protection—DHS/CBP-020, Export Information System, System of Records” and this proposed rulemaking. This system of records will collect and maintain records on cargo exported from the United States, as well as information pertaining to the filer, transmitter, exporter, U.S. Principal Party in Interest (USPPI), freight forwarder, shipper, consignee, other U.S. authorized agent filing for the USPPI, and individuals related to the specific cargo that is the subject of the export transaction. In accordance with the Privacy Act of 1974 and this proposed rulemaking, the Department of Homeland Security concurrently proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

    DATES:

    Comments must be received on or before October 2, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2015-0053, by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-343-4010.

    Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    Instructions: All submissions received must include the agency name and docket number for this notice. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For general questions please contact: John Connors (202-344-1610), CBP Privacy Officer, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229. For privacy issues please contact: Karen L. Neuman, (202-343-1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    SUPPLEMENTARY INFORMATION: I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) proposes to establish a new DHS system of records titled, “DHS/CBP-020 Export Information System (EIS) System of Records.” The system of records is used by DHS/CBP to collect, use, and maintain paper and electronic records required to track, control, and process cargo exported from the United States. EIS allows CBP to enhance national security, enforce U.S. law, and facilitate legitimate international trade.

    DHS is issuing this Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act. This system will be included in DHS's inventory of record systems. Elsewhere in the Federal Register, CBP is publishing a system of records notice (SORN) for EIS because the exporting community must report export data that contains personally identifiable information (PII) to CBP.

    Subsection (a) of Section 343 of the Trade Act of 2002 (19 U.S.C. 2071) mandates that the Secretary of Homeland Security (formerly the Secretary of Treasury) collect cargo information “through an electronic data interchange system,” prior to the departure of the cargo from the United States by any mode of commercial transportation (see 19 U.S.C. 2071 note.) Pursuant to statute, CBP promulgated a regulation requiring pre-departure filing of electronic information to allow CBP to examine the data before cargo leaves the United States (see Electronic Information for Outward Cargo Required in Advance of Departure (19 CFR 192.14)). CBP required exporters to provide electronic cargo information through the Automated Export System (AES) to avoid redundancy as specifically mandated by Congress (see Mandatory Pre-Departure Filing of Export Cargo Information Through the Automated Export System, 73 FR 32466 (June 9, 2008)).

    To comply with the regulation, exporters must file the Electronic Export Information (EEI), formerly the Shipper's Export Declaration (SED) 1 when the value of the commodity classified under each individual Schedule B number is over $2,500 or if a validated export license is required to export the commodity. The exporter is responsible for preparing the EEI and the carrier files it with CBP through the AES or AES Direct (operated by the U.S. Census Bureau). Cargo information collected by CBP includes PII such as a shipper's name, address, and Taxpayer Identification Number (TIN). According to the U.S. Census Bureau, in a standard export transaction, it is the U.S. Principal Party In Interest's (USPPI) responsibility to prepare the EEI. However, the USPPI can give the freight forwarder a power of attorney (POA) or written statement (WA) authorizing them to prepare and file the EEI on their behalf. In a routed export transaction, however, the Foreign Principal Party in Interest (FPPI) must provide a POA or WA to prepare the EEI to either the USPPI or a U.S. Authorized Agent.

    1 13 U.S.C. 301 (The Census Bureau root authority to collect the SED, now EEI); pursuant to section 303, CBP (then U.S. Customs Service, Dept. of Treasury) is required to develop an automated system for collecting this export data. Through title 13, the Census Bureau holds stewardship of export data. Under the Trade Act of 2002 (19 U.S.C. 2071 note), CBP is required to collect an export manifest containing a declaration identifying the parties to the transaction, a physical description of the commodity, its quantity, mode of conveyance, and ports of origin and destination. Through title 19, CBP, similarly, holds stewardship of export data.

    The Internal Transaction Number (ITN) or exemption citation must be provided by the EEI filer to the carrier when the goods are presented for export. The carrier is responsible for providing the ITN or exemption citation to CBP. CBP Officers will verify that the ITN or exemption citations clearly stated on export documents and provided to the carrier(s) within the prescribed timeframes. The procedures for filing vary by cargo type (vessel, truck, air, or rail). The timeframes for filing varies according to the method of transportation for pre-departure filing (State Department United States Munitions List (USML) shipments, and non-USML shipments).

    DHS/CBP is publishing this system of records notice to provide notice of the records maintained by CBP concerning individuals who participate in exporting goods from the United States. CBP previously published a Privacy Impact Assessment (PIA) for EIS last year.2

    2http://www.dhs.gov/publication/export-information-system-eis.

    Consistent with DHS's information-sharing mission, information stored in the DHS/CBP-020 EIS System of Records may be shared with other DHS components that have a need to know the information to carry out their national security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, information may be shared with appropriate federal, state, local, tribal, territorial, foreign, or international government agencies or other parties consistent with the routine uses set forth in this SORN. In particular, information may be shared with the Department of Commerce, Bureau of Industry and Science, and the Department of State, Office of Defense Trade Controls, relating to compliance and enforcement of licenses issued by these respective agencies concerning the controlled nature or sensitive technology present in the exported commodities (e.g., certain central processing unit designs, weapons systems).

    II. Privacy Act

    The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which Federal Government agencies collect, maintain, use, and disseminate personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all persons where systems of records maintain information on U.S. citizens, lawful permanent residents, and non-immigrant aliens.

    The Privacy Act allows government agencies to exempt certain records from the access and amendment provisions. If an agency claims an exemption, however, it must issue a Notice of Proposed Rulemaking to make clear to the public the reasons why a particular exemption is claimed.

    DHS is claiming exemptions from certain requirements of the Privacy Act for DHS/CBP-020 Export Information System, System of Records.

    No exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels from the United States, nor shall an exemption be asserted with respect to the resulting determination (authorized to travel, not authorized to travel, pending).

    Some information in DHS/CBP-020 EIS System of Records relates to official DHS national security, law enforcement, and intelligence activities. These exemptions are needed to protect information relating to DHS activities from disclosure to subjects or others related to these activities. Specifically, the exemptions are required for information pertaining to the accounting of disclosures made from this system to other law enforcement or intelligence agencies (federal, state, local, foreign, international, or tribal) in accordance with the published routine uses or statutory basis for disclosure pursuant to 5 U.S.C. 552a(b). The exemptions will preclude subjects from frustrating official national security, law enforcement, or intelligence processes. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension.

    In appropriate circumstances, where compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system and the overall law enforcement process, the applicable exemptions may be waived on a case by case basis.

    A notice of system of records for DHS/CBP-020 EIS System of Records is also published in this issue of the Federal Register.

    List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

    For the reasons stated in the preamble, DHS proposes to amend chapter I of title 6, Code of Federal Regulations, as follows:

    PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority:

    Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a.

    2. Add, at the end of appendix C to part 5, paragraph 74 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act.

    74. DHS/CBP-020 Export Information System (EIS). A portion of the following system of records is exempt from 5 U.S.C. 552a(c)(3), (e)(8), and (g)(1) pursuant to 5 U.S.C. 552a(j)(2), and from 5 U.S.C. 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2). Further, no exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels from the United States and crosses the border, nor shall an exemption be asserted with respect to the resulting determination (approval or denial). After conferring with the appropriate component or agency, DHS may waive applicable exemptions in appropriate circumstances and where it would not appear to interfere with or adversely affect the law enforcement purposes of the systems from which the information is recompiled or in which it is contained. Exemptions from the above particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, when information in this system of records is may impede a law enforcement, intelligence activities and national security investigation:

    (a) From subsection (c)(3) (Accounting for Disclosures) because making available to a record subject the accounting of disclosures from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a violation of U.S. law, including investigations of a known or suspected terrorist, by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation.

    (b) From subsection (e)(8) (Notice on Individuals) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on DHS and other agencies and could alert the subjects of counterterrorism or law enforcement investigations to the fact of those investigations when not previously known.

    (c) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act.

    Dated: August 19, 2015. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2015-21674 Filed 9-1-15; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Doc. Number AMS-FV-14-0090, FV-15-327] U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits and Vegetables for Processing, Nuts, and Specialty Crops AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) proposes revising 46 U.S. Standards for Grades of fresh fruits and vegetables, fruits and vegetables for processing, nuts, and specialty crops by removing the “Unclassified” category from each standard. This would bring these grade standards in line with other recently amended standards and current terminology. This revision would update the standards to more accurately represent today's marketing practices and provide the industry with greater flexibility.

    DATES:

    Comments must be received by November 2, 2015.

    ADDRESSES:

    Interested persons are invited to submit written comments to the Standardization Branch, Specialty Crops Inspection Division, Fruit and Vegetable Program, Agricultural Marketing Service, U.S. Department of Agriculture, National Training and Development Center, Riverside Business Park, 100 Riverside Parkway, Suite 101, Fredericksburg, VA 22406; Fax: (540) 361-1199, or on the web at: www.regulations.gov. The current U.S. Grade Standards for the 46 affected commodities are available on the AMS Web site at www.ams.usda.gov/scistandardization. Comments should reference the dates and page number of this issue of the Federal Register. Comments will be made available for public inspection in the above office during regular business hours and can also be viewed, as submitted, with any personal information provided, on the www.regulations.gov Web site.

    FOR FURTHER INFORMATION CONTACT:

    Olivia Vernon, Standardization Branch, Specialty Crops Inspection Division, at the address above or by telephone at (540) 361-2743; fax (540) 361-1199; or, email [email protected] The current U.S. Standards for Grades are available on the AMS Web site at www.ams.usda.gov/scistandardization.

    SUPPLEMENTARY INFORMATION:

    Section 203(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes the Secretary of Agriculture “to develop and improve standards of quality, condition, quantity, grade and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.” AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and makes copies of official grade standards available upon request. The U.S. Standards for Grades of Fruits and Vegetables not connected with Federal Marketing Orders or U.S. import requirements no longer appear in the Code of Federal Regulations, but are maintained by USDA, AMS, Fruit and Vegetable Program, and are available on the Internet at www.ams.usda.gov/scihome.

    AMS is revising these voluntary U.S. standards for grades using the procedures in Part 36, Title 7 of the Code of Federal Regulations (7 CFR part 36).

    Background

    AMS proposes to eliminate the “Unclassified” section in 46 U.S. grade standards that were issued under the Agricultural Marketing Act of 1946.

    The fresh fruit and vegetable grade standards covered by these proposed changes are: Sweet anise, lima beans, beets, Brussels sprouts, cabbage, celery, cucumbers, endive, garlic, collard greens or broccoli greens, mustard greens and turnip greens, honey dew and honey ball type melons, horseradish roots, greenhouse leaf lettuce, mushrooms, common green onions, onion sets, parsnips, fresh peas, southern peas, rhubarb, romaine, bunched shallots, spinach plants, summer squash, turnips or rutabagas, dewberries and blackberries, American grapes, juice grapes, Persian limes, summer and fall pears, winter pears, and raspberries.

    The fresh fruit and vegetable for processing grade standards covered by these proposed changes are spinach, berries, blueberries, red sour cherries for manufacture, sweet cherries for canning or freezing, cranberries for processing, currants, raspberries, growers' stock strawberries for manufacture, and washed and sorted strawberries for freezing.

    The nut and specialty crops grade standards covered by these proposed changes are: Brazil nuts in the shell, cut peonies in the bud, and tomato plants.

    AMS continually reviews all fruit, vegetable, nut and specialty crop grade standards to ensure their usefulness to the industry. AMS has identified that the “Unclassified” section needs to be eliminated from the 46 aforementioned U.S. Standards for Grade. The “Unclassified” category is not a grade and only serves to show that no grade has been applied to the lot. It is no longer considered necessary.

    This notice provides for a 60-day comment period for interested parties to comment on the proposed revisions in the standards.

    Authority:

    7 U.S.C. 1621-1627.

    Dated: August 28, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.
    [FR Doc. 2015-21836 Filed 9-1-15; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Agricultural Research Service 7 CFR Part 504 RIN 0518-AA05 Changes to Fees and Payment Methods AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Proposed rule.

    SUMMARY:

    This document proposes an increase in the fees the Agricultural Research Service's (ARS) Patent Culture Collection charges, and a revision of the method of payment.

    DATES:

    Submits comments on or before November 2, 2015.

    ADDRESSES:

    See FOR FURTHER INFORMATION CONTACT section below.

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Kurtz, ARS—Budget and Program Management Staff, George Washington Carver Center, 5601 Sunnyside Avenue, Room 4-1106, Beltsville, Maryland 20705, telephone: (301) 504-4494, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Microbial-based agriculture and biotechnology rely on superior production strains, new strains with novel characteristics, and reference strains for comparative purposes. Such strains are often difficult to acquire or are cost prohibitive for many researchers. ARS has a staff dedicated to the acquisition and distribution of microbial germplasm in which patented strains can be deposited in and distributed from its Patent Culture Collection for a one-time fee to cover maintenance and distribution costs.

    ARS' Patent Culture Collection receives about 120 patent deposits per year, and distributes about 450 cultures per year. Nearly all of the accessions and distributions are requested by companies, universities, or Government agencies. Currently, ARS charges $500 for each microbial culture deposit, as set forth in 7 CFR 504.2(a). For each microbial culture distribution ARS charges $20, as set forth in 7 CFR 504.2(b). The current fees, which were established in 1985, do not reflect the actual costs of providing materials and services as set forth in the regulation. ARS proposes to increase these fees to reflect their actual costs of $670 and $40, respectively, and to apply the distribution fee to all patent deposits regardless of the date of the deposit. This will not include back billing for deposits.

    ARS also requests to add pay.gov as a method of paying deposit and distributions fees. Currently, payment to the Department of Agriculture can only be made by check, draft, or money order (7 CFR 504.3(b)).

    The proposed increased fees will enable ARS' Patent Culture Collection to continue its mission of supporting microbiological research and biotechnological innovation, and serve as a repository where patented microbial strains can be deposited and distributed to the scientific community.

    The proposed new fee structure and method of receiving payments will require 7 CFR 504.2(a) and (b) and 504.3(b) to be amended.

    Dated: August 11, 2015. Simon Y. Liu, Associate Administrator, ARS.
    [FR Doc. 2015-20844 Filed 9-1-15; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Doc. No. AMS-FV-15-0032; FV15-989-2 PR] Raisins Produced From Grapes Grown in California; Increased Assessment Rate AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would implement a recommendation from the Raisin Administrative Committee (committee) to increase the assessment rate established for the 2015-16 and subsequent crop years from $14.00 to $17.00 per ton of California raisins handled under the marketing order (order). The committee locally administers the order and is comprised of producers and handlers of raisins operating within the area of production. Assessments upon raisin handlers are used by the committee to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

    DATES:

    Comments must be received by October 2, 2015.

    ADDRESSES:

    Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938, or Internet: http://www.regulations.gov. Comments should reference the docket number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above.

    FOR FURTHER INFORMATION CONTACT:

    Maria Stobbe, Marketing Specialist, or Martin Engeler, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906; or Email: [email protected] or [email protected]

    Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposed rule is issued under Marketing Agreement and Order No. 989, both as amended (7 CFR part 989), regulating the handling of raisins produced from grapes grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.”

    The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 12866, 13563, and 13175.

    This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California raisin handlers are subject to assessments. Funds to administer the order are derived from assessments. It is intended that the assessment rate as proposed herein would be applicable to all assessable raisins beginning on August 1, 2015, and continue until amended, suspended, or terminated.

    The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.

    This proposed rule would increase the assessment rate established by the committee for the 2015-16 and subsequent crop years from $14.00 to $17.00 per ton of California raisins acquired by handlers.

    Sections 989.79 and 989.80, respectively, of the order provide authority for the committee, with the approval of USDA, to formulate an annual budget of expenses, and to collect assessments from handlers to administer the program. The members of the committee are producers and handlers of California raisins. They are familiar with the committee's needs and with costs for goods and services in their local area, and are, thus, in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input.

    For the 2010-11 and subsequent crop years, the committee recommended, and USDA approved, an assessment rate that would continue in effect from crop year to crop year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other information available to USDA.

    The committee met on June 11, 2015, and recommended an assessment rate increase from $14.00 per ton to $17.00 per ton by a unanimous vote. At this meeting, the committee also recommended a budget for the 2015-16 crop year, with recommended expenses and contingency reserve totaling $5,832,496. The vote on this recommendation was also unanimous. The proposed assessment rate of $17.00 per ton is expected to generate assessment income of $5,832,496, which would be sufficient to fund the recommended 2015-16 expenses.

    As previously stated, the committee's recommended budget for the 2015-16 crop year is $5,832,496, and the recommended assessment rate is $17.00 per ton, which is $3.00 per ton higher than the rate currently in effect.

    The major expenditures recommended by the committee for the 2015-16 crop year include: Salaries and employee-related costs of $1,402,906; administration costs of $610,000; compliance activities of $30,000; research and studies of $129,000; operation and maintenance of the generic marketing programs of $3,520,178; and a contingency of $355,503. Subtracted from these expenses is $215,091, which represents reimbursable costs for the shared management of the State marketing program.

    In comparison, last year's approved budgeted expenditures included: Salaries and employee-related costs of $1,337,100; administration costs of $493,500; compliance activities of $30,000; research and studies of $85,000; operation and maintenance of the generic marketing programs of $3,296,800; and a contingency of $100,000. Reimbursable costs for the shared management of the State marketing program of $166,860 were subtracted, resulting in a total approved budget for the 2014-15 crop year of $5,175,540.

    The committee believes that more funds should be spent in promoting raisins internationally, including China. For that reason, budgeted expenses in those endeavors have been increased: Research and studies increased from $85,000 for the 2014-15 crop year to $129,000 for the 2015-16 crop year; and operation and maintenance of generic marketing programs increased from $3,296,800 for the 2014-15 crop year to $3,520,178 for the 2015-16 crop year. In addition, the committee included a contingency fund for unexpected expenses and opportunities that may occur during the year.

    The quantity of assessable raisins for 2015-16 crop year was estimated to be 343,088 tons. At the recommended assessment rate of $17.00 per ton, the anticipated assessment income would be $5,832,496. Sufficient income should be generated at the higher assessment rate for the committee to meet its anticipated expenses.

    Pursuant to § 989.81(a) of the order, any unexpended assessment funds from the crop year must be credited or refunded to the handlers from whom collected.

    The proposed assessment rate would continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other available information.

    Although this assessment rate would be in effect for an indefinite period, the committee would continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of committee meetings are available from the committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The committee's 2015-16 budget, and those for subsequent crop years, would be reviewed and, as appropriate, approved by USDA.

    Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this proposed rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis.

    The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf.

    There are approximately 3,000 producers of California raisins and approximately 28 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those having annual receipts less than $750,000, and defines small agricultural service firms as those whose annual receipts are less than $7,000,000. (13 CFR 121.201.)

    Based upon shipment data and other information provided by the committee, it may be concluded that a majority of producers and approximately 18 handlers of California raisins may be classified as small entities.

    This proposed rule would increase the assessment rate established for the committee and collected from handlers for the 2015-16 and subsequent crop years from $14.00 to $17.00 per ton of assessable raisins acquired by handlers.

    The committee reviewed and identified the expenses that would be reasonable and necessary to continue program operations during the 2015-16 crop year. The resulting recommended budget totals $5,832,496 for the 2015-16 crop year. This represents an overall increase from the 2014-15 budget, which totaled $5,175,540. The 2015-16 budget includes additional proposed expenditures to fund increased promotional programs in export markets, and a contingency fund of $355,503, which provides a safety net to cover unexpected expenses and opportunities that present themselves during the 2015-16 crop year.

    The quantity of assessable raisins for 2015-16 crop year was estimated to be 343,088 tons. At the recommended assessment rate of $17.00 per ton, the anticipated assessment income would be $5,832,496. Sufficient income should be generated at the higher assessment rate for the committee to meet its anticipated expenses.

    The major expenditures recommended by the committee for the 2015-16 crop year include: Salaries and employee-related costs of $1,402,906; administration costs of $610,000; compliance activities of $30,000; research of $129,000; operation and maintenance of generic marketing programs of $3,520,178; and a contingency of $355,503.

    In comparison, last year's approved budgeted expenditures included: Salaries and employee-related costs of $1,337,100; administration costs of $493,500; compliance activities of $30,000; research of $85,000; operation and maintenance of generic marketing programs of $3,296,800; and a contingency of $100,000. The total budget approved for the 2014-15 crop year was $5,175,540.

    The committee believes that more funds should be spent in promoting raisins internationally, including China. For that reason, expenses for research and promotion activities have been increased: Operation and maintenance of generic marketing programs increased from $3,296,800 for the 2014-15 crop year to $3,520,178 for the 2015-16 crop year, and research has increased from $85,000 for the 2014-15 crop year to $129,000 for the 2015-16 crop year. In order to fund these additional proposed expenditures, the committee recommended an increased assessment rate.

    Pursuant to § 989.81(a) of the order, any unexpended assessment funds from the crop year must be credited or refunded to the handlers from whom collected.

    Prior to arriving at this budget and assessment rate, the committee considered information from various sources, such as the committee's Audit and Marketing Subcommittees. Alternative spending levels were discussed by the Marketing and Audit Subcommittees, which met on June 8, 2015 and June 11, 2015, to review the committee's financial operations.

    The committee ultimately decided that the recommended budget and assessment rate were reasonable and necessary to properly administer the order.

    A review of statistical data on the California raisin industry indicates that assessment revenue has consistently been less than one percent of grower revenue in recent years. With a $17.00 assessment rate, assessment revenue would be expected to remain at less than one percent of grower revenue.

    Regarding the impact of this action on affected entities, this action would increase the assessment obligation imposed on handlers. While increased assessments impose additional costs on handlers regulated under the order, the rates are uniform on all handlers, and proportional to the size of their businesses. It is expected that these costs would be offset by the benefits derived from the operation of the order.

    In addition, the meetings of the Audit and Marketing Subcommittees, and the full committee were widely publicized throughout the California raisin industry, and all interested persons were invited to attend the meetings and encouraged to participate in committee deliberations on all issues. Like all subcommittee and committee meetings, the June 8, 2015 and June 11, 2015, meetings were public meetings, and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on small businesses.

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178, “Vegetable and Specialty Crops.” No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

    This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large California raisin handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies.

    AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

    USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action.

    A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section.

    A 30-day comment period is provided to allow interested persons to respond to this proposed rule. Thirty days is deemed appropriate because: (1) The 2015-16 crop year begins on August 1, 2015, and the order requires the rate of assessment for each crop year to apply to all assessable raisins handled during the crop year; (2) the committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; and (3) handlers are aware of this action, which was unanimously recommended by the committee at a public meeting.

    List of subjects in 7 CFR Part 989

    Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 989 is proposed to be amended as follows:

    PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority:

    7 U.S.C. 601-674.

    2. Section 989.347 is revised to read as follows:
    § 989.347 Assessment rate.

    On and after August 1, 2015, an assessment rate of $17.00 per ton is established for assessable raisins produced from grapes grown in California.

    Dated: August 28, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.
    [FR Doc. 2015-21850 Filed 9-1-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3657; Directorate Identifier 2012-SW-069-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France (Eurocopter) Helicopters) AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede airworthiness directive (AD) 2007-25-08 for Eurocopter Model SA-365 N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2007-25-08 currently requires checking the tail rotor gearbox (TGB) oil level, inspecting the magnetic plug for chips and either replacing the TGB or further inspecting for axial play in the tail rotor hub pitch change control spider (spider), and if axial play is found in the spider, replacing the pitch control rod assembly double bearing (bearing). Since we issued the AD 2007-25-08, we have received reports of new occurrences of loss of yaw control due to failure of the control rod bearing. This proposed AD would retain some of the requirements of AD 2007-25-08, revise the inspections for play in the double bearing to improve the detection of play, require replacing the TGB control shaft guide bushes, clarify the criteria concerning particle detection, and change the inspection for play in the double bearing after the guide bushes have been replaced. The proposed actions are intended to prevent damage to the bearing resulting in end play, loss of tail rotor pitch control, and subsequent loss of control of the helicopter.

    DATES:

    We must receive comments on this proposed AD by November 2, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the European Aviation Safety Agency (EASA) AD, the economic evaluation, any comments received and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed AD, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, Texas 76177.

    FOR FURTHER INFORMATION CONTACT:

    Matt Wilbanks, Aviation Safety Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, Texas 76177; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    On November 27, 2007, we issued AD 2007-25-08, Amendment 39-15290 (72 FR 69604, December 10, 2007) for Eurocopter (now Airbus Helicopters) Model SA-365 N1, AS-365 N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2007-25-08 requires repetitively checking the TGB oil level to ensure it is at the maximum level. AD 2007-25-08 also requires repetitively inspecting the magnetic plug for chips, and depending on the quantity of chips found, either replacing the TGB or further inspecting for axial play in the spider. If axial play is found in the spider, AD 2007-25-08 requires replacing the bearing. AD 2007-25-08 was prompted by EASA Emergency AD No. 2006-0258R1-E, dated August 29, 2006, as well as the finding that metal chips were not detected on the magnetic plug due to insufficient oil flow because the oil in the TGB was being maintained at the minimum level. The actions of AD 2007-25-08 are intended to detect metal chips on the magnetic plug and to prevent damage to the bearing resulting in end play, loss of tail rotor pitch control, and subsequent loss of control of the helicopter.

    Actions Since AD 2007-25-08 Was Issued

    Since we issued AD 2007-25-08 (72 FR 69604, December 10, 2007), we have received reports of new occurrences of loss of yaw control due to failure of the control rod bearing.

    EASA, which is the Technical Agent for the Member States of the European Union, has since superseded EASA Emergency AD No. 2006-0258R1-E with several ADs, the most recent being EASA AD No. 2012-0170R2, dated June 20, 2014, to correct an unsafe condition for these Airbus Model helicopters. After receiving reports of several new occurrences of damage to the bearings and subsequent investigations of the incidents, EASA advises of implementing additional, revised inspection and corrective actions; reducing the interval between inspections; a modification replacing both guide bushes and improving the tolerance between the control shaft and the TGB wheel to limit the friction loads on the control bearing; and requiring the play measurement of the TGB to control rod, shaft assembly double bearing to be measured according to the type of fenestron installed. EASA AD 2012-0170R2 also excludes helicopters modified in accordance with modification (MOD) 07 65B63.

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in its AD. We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition is likely to exist or develop on other products of the same type design.

    Related Service Information Under 1 CFR Part 51

    We reviewed ASB No. AS365-05.00.61, Revision 4, dated April 8, 2014, for FAA-certificated Model SA 365 N1, AS 365 N2, and AS 365 N3 helicopters and for non-FAA-certificated Model AS355F, F1, and F2 helicopters; ASB No. SA366-05.41, Revision 4, dated April 8, 2014, for FAA-certificated Model SA-366G1 and non-FAA-certificated Model SA-366GA helicopters; and ASB No. EC155-05A022, Revision 4, dated April 8, 2014, for FAA-certificated Model EC 155B and EC155B1 helicopters. All three ASBs describe procedures for monitoring the behavior of the bearing by checking its axial play by dimensional measurement and by maintaining the operating oil at the maximum level. EASA classified this service information as mandatory and issued EASA AD No. 2012-0170R2 to ensure the continued airworthiness of these helicopters. This service information 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 of this NPRM.

    Proposed AD Requirements

    This proposed AD would require:

    • Checking the TGB oil level at specified intervals. An owner/operator (pilot) may perform this visual check and must enter compliance into the helicopter maintenance records in accordance with 14 CFR §§ 43.9(a)(1) through (4) and 91.417(a)(2)(v). A pilot may perform this check because it involves only a visual check for the oil level in the TGB and can be performed equally well by a pilot or a mechanic. This check is an exception to our standard maintenance regulations.

    • Inspecting the magnetic plug of the TGB for chips at specified intervals.

    • Within 300 hours time-in-service (TIS), replacing each affected part-numbered TGB guide bush with an airworthy guide bush, inspecting the bearing of the TGB control shaft and rod assembly for M50 type particles, and performing measurements of play in the TGB control shaft and rod assembly.

    • Within 110 hours TIS after replacing the guide bush, and thereafter at intervals not to exceed 55 hours TIS, performing certain measurements for play in the TGB control shaft and rod assembly.

    This proposed AD would not apply to helicopters with TGB part number 365A33-6005-09 installed. Airbus Helicopters refers to the installation of this part-numbered TGB as MOD 07 65B63.

    Differences Between the Proposed AD and the EASA AD

    The calendar times in the EASA AD have already passed and are not included in this proposed AD.

    Costs of Compliance

    We estimate that this proposed AD would affect 133 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. The estimated labor cost is $85 per work-hour. We estimate .5 work-hour to check the TGB oil level for a cost of $43 per helicopter and $5,719 for the fleet each inspection cycle. We estimate .5 work-hour to inspect the magnetic plug on the TGB for chips for a cost of $43 per helicopter and $5,719 for the fleet each inspection cycle. We estimate 3 work-hours to measure the play in the TGB control shaft and rod assembly for a cost of $255 per helicopter and $33,915 for the fleet each inspection cycle. Replacing the TGB control shaft guide bushes would take 4 work-hours and required parts would cost $565, for an estimated total of $905 per helicopter and $120,365 for the U.S. operator fleet. Inspecting the TGB control shaft and rod assembly for steel particles would take 6 work-hours for a cost per helicopter of $510 and a fleet cost of $67,830. If necessary, it would cost about $30,000 per helicopter to replace the TGB and $24,000 for overhaul of the TGB to replace the bearing.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify this proposed regulation:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2007-25-08, Amendment 39-15290 (72 FR 69604, December 10, 2007), and adding the following new AD: Airbus Helicopters (Previously Eurocopter France Helicopters): Docket No. FAA-2015-3657; Directorate Identifier 2012-SW-069-AD. (a) Applicability

    This AD applies to Model SA-365N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters, with a tail rotor gearbox (TGB) pitch control rod assembly double bearing (bearing) installed, certificated in any category, except helicopters with TGB part number (P/N) 365A33-6005-09 installed.

    (b) Unsafe Condition

    This AD defines the unsafe condition as damage to the bearing, which could result in end play, loss of tail rotor pitch control, and subsequent loss of control of the helicopter.

    (c) Affected ADs

    This AD supersedes AD 2007-25-08, Amendment 39-15290 (72 FR 69604, December 10, 2007).

    (d) Comments Due Date

    We must receive comments by November 2, 2015.

    (e) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (f) Required Actions

    (1) Check the TGB oil level at the following intervals:

    (i) For Model SA-365N1, AS-365N2, AS 365 N3 helicopters, at intervals not to exceed 10 hours time-in-service (TIS).

    (ii) For Model SA366G1 helicopters, at each daily flight check.

    (iii) For Model EC 155B and EC155B1 helicopters, at intervals not to exceed 15 hours TIS or 7 days, whichever occurs first.

    (iv) The actions required by paragraph (f)(1) of this AD may be performed by the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft records showing compliance with this AD in accordance with 14 CFR §§ 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as required by 14 CFR §§ 91.417, 121.380, or 135.439.

    (2) If the oil level is not at maximum, before further flight, a qualified mechanic must fill it to the maximum level.

    (3) Inspect the magnetic plug of the TGB for any chips as follows:

    (i) At intervals not to exceed 25 hours TIS for helicopters with a magnetic plug without a chip electrical indication in the cockpit, or

    (ii) At intervals not to exceed 100 hours TIS and after any illumination of the TGB “CHIP” warning light for helicopters with a chip electrical indication in the cockpit.

    (4) If you find any chips during the inspection in paragraph (f)(3) of this AD, determine whether the quantity of chips is within the removal criteria.

    (i) If the quantity of chips on the magnetic plug is at or above the removal criteria, before further flight, replace the TGB with an airworthy TGB.

    (ii) If the quantity of chips on the magnetic plug is below the removal criteria, comply with paragraph (f)(6) of this AD before further flight.

    (5) Within 300 hours TIS, without removing the TGB:

    (i) Replace each TGB control shaft guide bush (guide bush), P/N 365A33-6189-20 and 365A33-6189-21, with guide bush, P/N 365A33-6223-20, and replace each guide bush, P/N 365A33-6188-20, with guide bush, P/N 365A33-6222-20.

    Note 1 to paragraph (f)(5)(i) of this AD:

    Airbus Helicopters refers to the replacement of the guide bushes as Modification 0765B58.

    (ii) Inspect the bearing of the TGB control shaft and rod assembly for M50 type particles (particles) as shown in Figures 1 through 3 of Airbus Helicopters Alert Service Bulletin (ASB) No. AS365-05.00.61, Revision 4, dated April 8, 2014, for Model SA 365 N1, AS 365 N2, and AS 365 N3 helicopters (AS365-05.00.61); ASB No. SA366-05.41, Revision 4, dated April 8, 2014, for Model SA 366G1 helicopters (SA366-05.41); or ASB No. EC155-05A022, Revision 4, dated April 8, 2014, for Model EC 155B and EC155B1 helicopters (EC155-05A022). Inspect the bearing by separating the control shaft (item q of Figure 3) from the control rod (item p of Figure 3), rinse the bearing with white spirit or equivalent, collect the product on a blotting paper, and inspect for particles inside the control shaft, around the bearing, and on blotting paper.

    (A) If there are no particles, clean the control shaft and control rod with white spirit or equivalent and install the control shaft and control rod.

    (B) If there are any particles, replace the bearing with an airworthy bearing.

    (iii) Perform measurements of play in the TGB control shaft and rod assembly bearing as follows:

    (A) For the TGB side:

    (1) Remove the cover and inspect the positioning of the locking of the 3 screws, as shown in the two positioning for measurement photographs in the Accomplishment Instructions under paragraph 3.B.4.a.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022. Correctly lock the screws if the positioning is inconvenient for measurement. Set the pedal unit to the neutral position and rig the tail servo-control using a 6 mm diameter pin. Remove any primer and paint from the support casing face of the servo-control using 600 grit sand paper. Apply DOW 19 or equivalent protection and a coat of primer P05 or equivalent. Do not reapply primer and paint to the support casing face of the servo-control.

    (2) Perform a measurement “M1” using a caliper gage, between the end of the control rod (item p in the three photographs in the Accomplishment Instructions under paragraph 3.B.4.a.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) and the seating face of the servo-control on the casing. Mark the position of the caliper gage on the support casing face of the servo-control as “R1” using a permanent felt tip pen. Position the caliper gage on R1 (shown in the first of the three photographs in the Accomplishment Instructions under paragraph 3.B.4.a.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) and on the screw (item ac in the first of the three photographs in the Accomplishment Instructions under paragraph 3.B.4.a.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) of the universal joint of the servo-control. Set the mobile part of the caliper gage against the end of the control rod. Shift the caliper gage against the control lever (item ab in the last photograph in the Accomplishment Instructions under paragraph 3.B.4.a.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) while remaining in contact with the end of the control rod.

    (3) Record measurement M1 indicated on the caliper gage on the component history card or equivalent record.

    (B) For the TRH side:

    (1) Perform a measurement “M2” using a caliper gage between the flat face of the center plate (item c in the photograph in the Accomplishment Instructions under paragraph 3.B.4.a.(2) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) and the face of the inner web (item ad in the photograph in the Accomplishment Instructions under paragraph 3.B.4.a.(2) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) of the rotor hub on which the inner bearings of the TRH blades are installed. Position the caliper gage flat across the opening (item ae in the photograph in the Accomplishment Instructions under paragraph 3.B.4.a.(2) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) of the pitch change spider. Mark the position of the caliper gage on the flat surface of the center plate as “R2” and on the opening as “R3” using a permanent felt tip pen.

    (2) Record measurement M2 indicated on the caliper gage.

    (3) Calculate a measurement “M0” by adding measurements M1 (required in paragraph (f)(5)(iii)(A) of this AD) and M2.

    (4) Perform measurements M1 and M2 again by repeating the requirements in paragraphs (f)(5)(iii)(A) and (f)(5)(iii)(B) of this AD and calculate a second measurement M0.

    (5) Calculate the difference between the two M0 measurements. If the difference is not less than 0.25 mm (0.01 inch), calculate the two M0 measurements again.

    (6) Calculate the mean value of the two M0 measurements and record it on the component history card or equivalent record. This M0 measurement will be the reference measurement enabling you to evaluate any increase in the play in the bearing of the control shaft and rod assembly during later inspections.

    (6) Within 110 hours TIS after replacing the guide bush, and thereafter at intervals not to exceed 55 hours TIS, perform measurements for play in the TGB control shaft and rod assembly as follows.

    (i) On the TGB side:

    (A) Remove the TGB fairing, set the pedal unit to the neutral position and rig the tail servo-control using a 6 mm diameter pin.

    (B) Perform measurement “M1” using a caliper gage between the end of the control rod (item p in the three photographs in the Accomplishment Instructions under paragraph 3.B.4.b (1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) and the seating face of the servo-control on the casing. Position the caliper gage on mark R1 and the bearing against the screw (item ac as shown in the first of the three photographs in the Accomplishment Instructions under paragraph 3.B.4.b.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) of the universal joint of the servo-control. Set the mobile part of the caliper gage against the end of the control rod. Shift the caliper gage against the control lever (item ab as shown in the last of the three photographs in the Accomplishment Instructions under paragraph 3.B.4.b.(1) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) while remaining in contact with the end of the control rod.

    (C) Record measurement M1 indicated on the caliper gage on the component history card or equivalent record.

    (ii) On the tail rotor hub (TRH) side:

    (A) Remove the fairing and perform a measurement “M2” using a caliper gage between the flat face of the center plate (item c in the photograph in the Accomplishment Instructions under paragraph 3.B.4.b.(2) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) and the face of the inner web (item ad in the photograph in the Accomplishment Instructions under paragraph 3.B.4.b.(2) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022) of the rotor hub on which the inner bearings of the TRH blades are installed. Position the caliper gage flat across the opening of the pitch change spider on R2 and R3 as shown in the right photograph in the Accomplishment Instructions under paragraph 3.B.4.b.(2) of ASB AS365-05.00.61, SA336-05.41, or EC155-05A022.

    (B) Record measurement M2 indicated on the caliper gage on the component history card or equivalent record.

    (C) Calculate a measurement “M3” by adding measurements M1 and M2.

    (D) Calculate the difference between measurement “M0” indicated on the TGB component history card or equivalent record and M3.

    (1) If the difference between measurement M0 and M3 is less than 0.5 mm (0.02 inch), perform an additional inspection for play in the bearing of the TGB control shaft and rod assembly by following the Accomplishment Instructions, paragraph 3.B.6., of ASB AS365-05.00.61, SA366-05.41, or EC155-05A022. If there is no axial play at the TRH pitch change spider, record value M3 on the component history card or equivalent record. If there is axial play at the TRH pitch change spider, replace the bearing with an airworthy bearing and perform a new reference measurement by following the requirements of paragraph (f)(6) of this AD.

    (2) If the difference between the measurements is equal to or greater than 0.5 mm (0.02 inch), replace the bearing with an airworthy bearing and perform a new reference measurement by following the requirements of paragraph (f)(6) of this AD.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Wilbanks, Aviation Safety Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, Texas 76177; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2012-0170R2, dated June 20, 2014. You may view the EASA AD on the internet at http://www.regulations.gov in Docket No. FAA-2015-3657.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6520 Tail Rotor Gearbox.

    Issued in Fort Worth, Texas, on August 21, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21689 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3659; Directorate Identifier 2014-SW-050-AD] RIN 2120-AA64 Airworthiness Directives; MD Helicopters Inc., Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for MD Helicopters Inc. (MDHI) Model 369A, 369D, 369E, 369FF, 369HE, 369HM, 369HS, 500N, and 600N helicopters with a certain part-numbered main rotor blade attach pin (pin) installed. This proposed AD would require ensuring the life limit of the pin as listed in the Airworthiness Limitations section of aircraft maintenance records and Instructions for Continued Airworthiness (ICA). If the hours time-in-service (TIS) of a pin is unknown, or if a pin has exceeded its life limit, this proposed AD would require removing the affected pin from service. This proposed AD is prompted by a report from an operator who purchased pins that did not have life limit documentation. The proposed actions are intended to document the life limit to prevent a pin remaining in service beyond its fatigue life, which could result in failure of a pin, failure of a main rotor blade, and subsequent loss of control of the helicopter.

    DATES:

    We must receive comments on this proposed AD by November 2, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed AD, contact Aerometals, 3920 Sandstone Dr., El Dorado Hills, CA 95762, telephone (916) 939-6888, fax (916) 939-6555, www.aerometals.aero. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    Galib Abumeri, Aviation Safety Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627-5324; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    We propose to adopt a new AD for MDHI Model 369A, 369D, 369E, 369FF, 369HE, 369HM, 369HS, 500N, and 600N helicopters with a pin part-number (P/N) 369X1004-5 installed. This proposed AD would require determining the number of hours TIS of each pin and whether the aircraft maintenance records contain a pin life limit. If the hours TIS are unknown, this proposed AD would require removing the pin from service. If the aircraft maintenance records do not contain a pin life limit, this proposed AD would require revising the records and establishing a life limit of 5,760 hours if the pin is installed on a Model 369A, 369HE, 369HM, or 369HS helicopter, or 7,600 hours if the pin is installed on a Model 369D, 369E, 369FF, 500N, or 600N helicopter. This proposed AD would also require revising the records to add a statement that if a pin is interchanged between different model helicopters, then its life limit must be restricted to the lower life limit even if it was originally installed on a helicopter model with a higher life limit. Lastly, this proposed AD would prohibit installing a pin on any helicopter before these proposed requirements have been accomplished.

    Aerometals produces pin P/N 369X1004-5 under a parts manufacturer approval as a replacement pin for MDHI P/N 369A1004-5. This proposed AD is prompted by a report from an operator who purchased Aerometals' pins P/N 369X1004-5 without life limit documentation. The FAA inadvertently approved the pins without a life limit in the Airworthiness Limitations section and without a restriction for parts that are interchanged between models with different life limits. A total of 5,133 affected pins were sold by Aerometals without any indication that the parts were life-limited. The proposed actions are intended to correct the failure of these parts to have a documented life limit to prevent a pin remaining in service beyond its fatigue life, which could result in failure of a pin, failure of a main rotor blade, and subsequent loss of control of the helicopter.

    FAA's Determination

    We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

    Related Service Information

    Aerometals has issued Aero-ICA-1001 Supplemental Instructions for Continued Airworthiness, Revision NC, dated May 22, 2014, and Service Bulletin Aero-SB-1103, dated July 2, 2014. The service bulletin specifies determining whether the helicopter has pins P/N 369X1004-5 installed and then reviewing the aircraft maintenance records to determine if the pins have a life limit identified. If the life limit is not the same as that listed in the ICA, the service bulletin specifies revising the life limit in the maintenance records. The service bulletin states that the pins were approved by the FAA as Parts Manufacturer Approval direct replacement parts with the same life limits as the parts they replace. However, they were sold without an FAA-approved supplemental ICA containing an Airworthiness Limitations Section specifically assigning these life limits to the pins.

    Proposed AD Requirements

    This proposed AD would require, within 100 hours TIS or during the next annual inspection, whichever comes first:

    ° Reviewing the maintenance records and determining the hours TIS of each pin and whether there is a pin life limit listed in the Airworthiness Limitations Section of the applicable maintenance manual or ICA. If the hours TIS on a pin are unknown, the proposed AD would require removing the pin from service.

    ° For Model 369A, 369HE, 369HM, and 369HS helicopters, if there is no pin life limit, establishing a new life limit of 5,760 hours TIS and removing any pin from service that has 5,760 or more hours TIS.

    ° For Model 369D, 369E, 369FF, 500N and 600N helicopters, if there is no pin life limit, establishing a new life limit of 7,600 hours TIS and removing any pin from service that has 7,600 or more hours TIS.

    ° For all model helicopters, establishing a requirement that if a pin is interchanged between model helicopters with different life limits, the life limit of the pin must be restricted to the lowest life limit.

    This proposed AD would also prohibit installing a pin P/N 369X1004-5 on any helicopter until the requirements of the AD have been accomplished.

    Costs of Compliance

    We estimate that this proposed AD would affect 118 helicopters of U.S. Registry.

    We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per hour. We estimate l/2 work hour to inspect and record any update for a total of $42.50 per helicopter and $5,015 for the U.S. fleet. If required, we estimate 1 work hour per helicopter to replace 10 pins because each blade has 2 pins and each helicopter has 5 blades. Required parts are $445 for each pin. Based on these estimates, it would cost $4,535 per helicopter to replace 10 pins if the pins have exceeded their life limit.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify this proposed regulation:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): MD Helicopters Inc.: Docket No. FAA-2015-3659; Directorate Identifier 2014-SW-050-AD. (a) Applicability

    This AD applies to Model 369A, 369D, 369E, 369FF, 369HE, 369HM, 369HS, 500N, and 600N helicopters with an Aerometals main rotor blade attach pin (pin) part number (P/N) 369X1004-5 installed, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a pin remaining in service beyond its fatigue life. This condition could result in failure of a pin, loss of a main rotor blade, and subsequent loss of control of the helicopter.

    (c) Comments Due Date

    We must receive comments by November 2, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    (1) Within 100 hours time-in-service (TIS) or during the next annual inspection, whichever occurs first:

    (i) Review the maintenance records and determine the hours TIS of each pin P/N 369X1004-5 and whether there is a pin life limit listed in the Airworthiness Limitations Section of the applicable maintenance manual or Instructions for Continued Airworthiness (ICA). If the hours TIS on a pin is unknown, remove the pin from service.

    (ii) For Model 369A, 369HE, 369HM, and 369HS helicopters, if there is no pin life limit, establish a new life limit of 5,760 hours TIS for each pin P/N 369X1004-5 by making pen-and-ink changes or by inserting a copy of this AD into the Airworthiness Limitations Section of the maintenance manual or the ICA. Remove from service any pin that has 5,760 or more hours TIS.

    (iii) For Model 369D, 369E, 369FF, 500N, and 600N helicopters, if there is no pin life limit, establish a new life limit of 7,600 hours TIS for each pin P/N 369X1004-5 by making pen-and-ink changes or by inserting a copy of this AD into the Airworthiness Limitations Section of the maintenance manual or the ICA. Remove from service any pin that has 7,600 or more hours TIS.

    (iv) For all model helicopters, add the following statement to the Airworthiness Limitations Section of the maintenance manual or the ICA by making pen-and-ink changes or by inserting a copy of this AD: If interchanged between different model helicopters, the life limit of pin P/N 369X1004-5 must be restricted to the lowest life limit indicated for the helicopter models and serial numbers affected.

    (2) Do not install a pin P/N 369X1004-5 on any helicopter before the requirements of this AD have been accomplished.

    (f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Galib Abumeri, Aviation Safety Engineer, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627-5324 or email at [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (g) Additional Information

    Aerometals Service Bulletin Aero-SB-1103, dated July 2, 2014, and Aerometals Aero-ICA-101 Supplemental Instructions for Continued Airworthiness, Revision NC, dated May 22, 2014, which are not incorporated by reference, contain additional information about the subject of this AD. For service information identified in this AD, contact Aerometals, 3920 Sandstone Dr., El Dorado Hills, CA 95762, telephone (916) 939-6888, fax (916) 939-6555, www.aerometals.aero. You may review a copy of information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6210 Main Rotor Blades.

    Issued in Fort Worth, Texas, on August 21, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21680 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3658; Directorate Identifier 2014-SW-039-AD] RIN 2120-AA64 Airworthiness Directives; MD Helicopters Inc. (MDHI) Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain MDHI Model 369A (Army OH-6A), 369H, 369HE, 369HM, 369HS, 369D, 369E, 369F, 369FF, and 500N helicopters. This proposed AD would require inspecting the auxiliary fuel pump (fuel pump) wire routing in the left-hand fuel cell and corrective action, if necessary. This proposed AD would also require installing a warning decal on the left-hand fuel cell access cover. This proposed AD is prompted by accidents resulting from incorrectly positioned fuel pump wiring within the fuel tank interfering with the operation of the fuel quantity sensor float, which caused an erroneous fuel quantity indication in the cockpit. The proposed actions are intended to detect and correct routing of the fuel pump wiring to prevent interference with the fuel quantity sensor float, an erroneous fuel quantity indication in the cockpit, and subsequent fuel exhaustion and emergency landing.

    DATES:

    We must receive comments on this proposed AD by November 2, 2015.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, Texas 76177.

    FOR FURTHER INFORMATION CONTACT:

    Danny Nguyen, Aerospace Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627-5247; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    We propose to adopt a new AD for certain MDHI Model 369A (Army OH-6A), 369H, 369HE, 369HM, 369HS, 369D, 369E, 369F, 369FF, and 500N helicopters. This proposed AD would require inspecting the routing of the fuel pump wiring to determine whether the fuel pump wire is properly wrapped around the fuel inlet hose and correcting the routing of the wiring if it is not. This proposed AD would also require installing a decal regarding correct installation of the fuel pump wiring. This proposed AD is prompted by two accidents and one incident that occurred on Model 369D helicopters resulting from an incorrectly positioned fuel pump wire within the fuel tank interfering with the operation of the fuel quantity sensor float, which caused an erroneous fuel quantity reading in the cockpit. Because the fuel pump is installed on all the affected model helicopters, we are including them in the applicability. According to MDHI, because maintenance personnel caused the incorrect wire routing by failing to follow procedures for installing the fuel pump, it is also necessary to install a decal on the left-hand fuel cell access cover to refer maintenance personnel to the appropriate manual procedures. The proposed actions are intended to detect and correct routing of the fuel pump wiring to prevent interference with the fuel quantity sensor float, an erroneous fuel quantity indication in the cockpit, and subsequent fuel exhaustion and emergency landing.

    FAA's Determination

    We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

    Related Service Information Under 1 CFR Part 51

    MDHI issued one Service Bulletin on April 30, 2014, with five different numbers: SB369H-255, SB369E-111, SB500N-049, SB369D-213, and SB369F-098. The service bulletin specifies a one-time inspection of the routing of the fuel pump wire in the left-hand fuel cell and corrective action, if necessary. The service bulletin also specifies installing a warning decal on the left-hand fuel cell access cover that refers personnel to the procedures for routing the fuel pump wire that is contained in the appropriate maintenance manual. The service bulletin states that recent field incidents have occurred where maintenance personnel have not followed the procedures for installation of the fuel pump. Also, the service bulletin states that an incorrectly installed fuel pump wire can interfere with the fuel quantity sensor float, which can result in erroneous fuel quantity indications. To prevent this situation, the service information states that the fuel pump wire must be wrapped around the fuel inlet hose as shown in the applicable maintenance manual. This service information 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 of this NPRM.

    Proposed AD Requirements

    This proposed AD would require, within 100 hours time-in-service:

    • Removing the fuel quantity sensor and, using a mirror and light, inspecting to determine whether the fuel pump wire is wrapped around the left-hand fuel cell fuel inlet hose assembly a minimum of one revolution.

    ○ If the fuel pump wire is correctly wrapped around the left-hand fuel cell fuel inlet hose, installing the fuel quantity sensor and performing a fuel quantity sensor functional test for proper fuel float arm function.

    ○ If the fuel pump wire is not correctly wrapped around the left-hand fuel cell fuel inlet hose, reinstalling the fuel quantity sensor, routing the fuel pump wire around the left-hand fuel cell fuel inlet hose, and performing a fuel quantity sensor functional test for proper fuel float arm function.

    • Installing a warning decal referencing the fuel pump installation procedures.

    Costs of Compliance

    We estimate that this proposed AD would affect 833 helicopters of U.S. Registry.

    We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per hour. Inspecting the fuel pump wire routing and installing a decal would take 3 hours, and parts would cost $20 for a total cost of $275 per helicopter and $229,075 for the U.S. fleet. If required, rerouting the wiring would require 1 work-hour for a total cost of $85 per helicopter.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify this proposed regulation:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): MD Helicopters Inc.: Docket No. FAA-2015-3658; Directorate Identifier 2014-SW-039-AD. (a) Applicability

    This AD applies to the following helicopters, certificated in any category: (1) Model 369A (Army OH-6A), 369H, 369HE, 369HM, 369HS, and 369D;

    (2) Model 369E with a serial number (S/N) 0001E through 0620E;

    (3) Model 369F and 369FF with a S/N 0001FF through 0212FF, 0600FF, 0601FF, 0602FF, and 0700FF through 0711FF) and with an auxiliary fuel pump part number (P/N) 369A8143-3 installed; and

    (4) Model 500N (S/N LN001 through LN0111).

    (b) Unsafe Condition

    This AD defines the unsafe condition as incorrect routing of the auxiliary fuel pump (fuel pump) wiring. This condition could result in an erroneous fuel quantity indication in the cockpit and subsequent fuel exhaustion and emergency landing.

    (c) Comments Due Date

    We must receive comments by November 2, 2015.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    Within 100 hours time-in-service:

    (1) Remove the fuel quantity sensor by following the Accomplishment Instructions, paragraph 2.B., of MD Helicopters Service Bulletin SB369H-255/SB369E111/SB500N-049/SB369D-213/SB369F-098, dated April 30, 2014 (SB). Using a mirror and light, inspect the routing of the fuel pump wire in the area depicted in Figure 2 of the SB and determine whether the fuel pump wire is wrapped around the left-hand fuel cell fuel inlet hose assembly a minimum of one revolution.

    (i) If the fuel pump wire is wrapped around the left-hand fuel cell fuel inlet hose a minimum of one revolution, install the fuel quantity sensor and perform a fuel quantity sensor functional test for proper fuel float arm function.

    (ii) If the fuel pump wire is not wrapped around the left-hand fuel cell fuel inlet hose a minimum of one revolution, install the fuel quantity sensor, route the fuel pump wire around the left-hand fuel cell fuel inlet hose by following paragraphs 2.E.(1) through 2.E.(8) of the SB, and perform a fuel quantity sensor functional test for proper fuel float arm function.

    (2) Install start pump warning decal, P/N MHS5861-66 or equivalent, on the left-hand fuel cell cover by following paragraph 2.G. of the SB.

    (f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Danny Nguyen, Aerospace Engineer Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627-5247; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (g) Subject

    Joint Aircraft Service Component (JASC) Code: 2840 Fuel Quantity Indicating System.

    Issued in Fort Worth, Texas, on August 21, 2015. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21686 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No.: FAA-2015-3304; Notice No. 15-07] RIN 2120-AK66 Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This proposed rulemaking would expand the temporary flight restriction provisions for launch, reentry, and amateur rocket operations and make such temporary flight restrictions applicable to all aircraft—including non-U.S. registered aircraft. The FAA also proposes revised language for consistency with other temporary flight restriction provisions and commercial space regulations and definitions. This proposed action would enhance safety in the affected airspace and would improve the readability of temporary flight restriction requirements.

    DATES:

    Send comments on or before November 2, 2015.

    ADDRESSES:

    Send comments identified by docket number FAA-2015-3304 using any of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically.

    Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

    Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: Fax comments to Docket Operations at 202-493-2251.

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

    Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    For technical questions concerning this action, contact Paul Eure, Airspace Regulations Team, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8745; email [email protected]

    For legal questions concerning this action, contact Robert Frenzel, Operations Law Branch, AGC-220, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3073; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. 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.

    This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103, Sovereignty and use of airspace, and Subpart III, Section 44701, General requirements. Under section 40103, the FAA is charged with prescribing regulations to ensure the safety of aircraft and the efficient use of the navigable airspace. Under section 44701, the FAA is charged with prescribing regulations to ensure safety in air commerce.

    This proposed regulation is within the scope of sections 40103 and 44701 because restricting aircraft operations from the area in which launch, reentry, and amateur rocket operations occur supports aviation safety and the efficient use of navigable airspace.

    The Commercial Space Launch Act of 1984, as codified and amended at 51 U.S.C. Subtitle V—Commercial Space Transportation, Ch. 509, Commercial Space Launch Activities, 51 U.S.C. 50901-50923 (Chapter 509), authorizes the Department of Transportation and thus the FAA, through delegations, to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites as carried out by U.S. citizens or within the United States. 51 U.S.C. 50904, 50905. Chapter 509 directs the FAA to exercise this responsibility consistent with public health and safety, safety of property, and the national security and foreign policy interests of the United States. 51 U.S.C. 50905. The FAA is also responsible for encouraging, facilitating, and promoting commercial space launches by the private sector. 51 U.S.C. 50903.

    I. Executive Summary

    14 CFR 91.143 authorizes the FAA to issue Notices to Airmen (NOTAM) prohibiting a person from operating any aircraft of U.S. registry in areas designated in the NOTAM for space flight operations. The FAA proposes to amend this provision to apply to all aircraft.

    At the time of the promulgation of § 91.143, recovery operations were conducted outside of U.S. territorial boundaries, and therefore, the FAA could only restrict U.S. registered aircraft or aircraft flown by pilots using a FAA pilot certificate. This regulation, clarified in 1984, included launches (and potential emergency recovery operations) in support of the National Aeronautics and Space Administration (NASA) Space Shuttle program.

    However, the initial applicability of this regulation does not adequately address present day space launch and recovery operations that are increasingly conducted within the boundaries of U.S. territory. Therefore, the agency proposes to amend this rule to better address present day operations to ensure that all aircraft—not only U.S. registered aircraft or aircraft flown by pilots using a FAA pilot certificate—are restricted from operating in airspace designated for launch, reentry, or amateur rocket operations.

    Additionally, this amendment would allow the FAA to issue a NOTAM to designate a temporary flight restriction (TFR) for launch, reentry, or amateur rocket operations involving Class 2 or 3 amateur rockets when it determines a TFR is necessary to maintain safety.

    Lastly, the FAA proposes other language changes that would align the language used in § 91.143 with the terminology used in Chapter 509 and the FAA space transportation regulations and definitions. For example, the terms “launch” and “reentry” are defined in 14 CFR 401.5 and are normally used to broadly categorize these types of operations. The FAA, therefore, proposes to replace “space flight operations” with “launch, reentry, or amateur rocket operation.”

    The FAA believes these revisions would strengthen the understandability of these requirements while enhancing safety in the affected airspace.

    II. Background

    The language of “flight limitations in the proximity of space flight operations” as utilized in 14 CFR 91.143 was first promulgated in 1964 to support NASA's Gemini and Apollo space operations. By restricting non-essential aircraft from the designated recovery area, the FAA intended to ensure the safe recovery of spacecraft while mitigating the risk of an aircraft collision. At the time this rule was promulgated most of these recovery operations occurred outside of U.S. territorial airspace and the FAA could restrict only U.S. registered aircraft or aircraft piloted under an FAA-issued airman certificate. These expanded regulations were clarified in 1984, to include launch operations (and potential emergency recovery operations) in support of NASA's space shuttle program.

    The FAA now issues TFRs only for the airspace over the territory of the United States extending out to 12 nautical miles from the coastline. Since rule promulgation in 1984, an increasing number of rocket launches now occur over U.S. territorial airspace. The FAA therefore believes it is necessary to update regulations to align them with current practice.

    In recent years, because technological changes have resulted in an increased growth of larger amateur rockets with greater power, the FAA has issued NOTAMs under § 91.143 to designate TFRs to segregate Class 2 and 3 amateur rockets from all other users of the National Airspace System (NAS). Class 2 and 3 amateur rockets operated under 14 CFR part 101 are capable of operating up to 93.2 miles with multiple stages. Persons intending to operate a Class 2 or 3 rocket in a manner that requires a waiver to 14 CFR part 101 subpart C, must submit a proposal for waiver or authorization to the FAA. This includes proposals to launch a Class 2 or 3 amateur rockets into controlled airspace, which may require the FAA to implement a TFR to ensure safety.

    The process for the development of a TFR is extensive. For example, commercial space operators are required to file an application for a permit or license in order to conduct commercial space operations. The FAA reviews the application to determine ground and airborne hazard areas. The FAA then analyzes these proposals for safety impact, and then issues a permit or license for the operation. This license or permit application includes a letter of agreement between the operator and Air Traffic Control that may include special provisions that determine the area covered by a TFR along with detailed operational directives. Accordingly, in these circumstances, the FAA issues a NOTAM to designate a TFR that encompasses the hazardous areas necessary to avoid collisions with other NAS users.

    While TFRs may impose an inconvenience to NAS users, they are necessary to provide the highest level of safety. From an efficiency standpoint, the FAA strives to integrate all operations into the NAS. The operations of most launch vehicles could result in scenarios that are hazardous to other NAS users that may be in the vicinity of the operation. The use of a TFR for the segregation of other NAS users from commercial space operations and Class 2 and 3 amateur rockets is key to ensuring safety—when it is determined that a TFR is required.

    Therefore, by expanding the applicability of the TFR provision to amateur rocket operations, this proposed rulemaking would codify the FAA's ability to establish a TFR for a Class 2 or 3 amateur rocket operation, when it determines a TFR is necessary to maintain safety.

    III. Discussion of the Proposal A. Applicability

    The FAA has frequently used, without incident or accident, TFRs to segregate hazardous launch, reentry, and amateur rocket operations from all other NAS users (operating by visual and instrument flight rules). While § 91.143 was intended to support NASA and DOD space operations outside U.S. airspace (over the ocean), in recent years commercial space and amateur rocket operations have increased over U.S. territorial airspace. The FAA issues TFRs only for the airspace over the territory of the U.S. extending 12 nautical miles from the coastline. Applying restrictions to all aircraft within this area is within the FAA's statutory authority and is consistent with the purpose of these restrictions (i.e., to mitigate the risk of aircraft collision by segregating launch, reentry and amateur rocket operations from other NAS users).

    Although current practice restricts all aircraft from areas designated by TFRs for launch, reentry and amateur rocket operations, this proposed change would ensure the applicability of the flight restrictions to U.S. and non-U.S. registered aircraft from entering into areas designated by TFR for launch, reentry, and amateur rocket operations. Accordingly, the FAA proposes to expand the applicability of § 91.143 to all aircraft in order to mitigate the safety risk of aircraft operations in proximity to launch, reentry, and Class 2 or 3 amateur rocket operations.

    B. Title and Regulatory Change

    The FAA proposes revisions to the title and content of § 91.143 for: (1) Consistency with other TFR provisions in 14 CFR part 91, (2) consistency with the commercial space regulations in 14 CFR chapter III, and (3) to include Class 2 and 3 amateur rockets.

    Specifically, the FAA proposes replacing the title of § 91.143 “Flight limitation in the proximity of space flight operations” with “Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations,” a title that more accurately reflects current practice and includes the use of the terms “temporary flight restrictions” and “launch and reentry operations.”

    The FAA also proposes replacing terms in the content of § 91.143, such as “space flight operations” with “launch, reentry, or amateur rocket operations.” “Launch” and “reentry” are defined in 14 CFR § 401.5 and are normally used to describe launch or reentry vehicles going to or returning from orbit or outer space, or operations associated with orbital and suborbital flight. Current references to “space operations” encompass both launch and reentry.

    Finally, to align regulatory language with current practice, the FAA proposes the inclusion of Class 2 and 3 amateur rockets for TFR issuance when the FAA determines the proposed operation presents a safety risk. A certificate of waiver or authorization for Class 2 or 3 amateur rocket launch would identify the designated hazard area used to determine the area to be covered by the TFR.

    Although these revisions address commercial space and amateur rocket operations, TFR provisions would continue to be used for DOD and NASA space operations as originally intended.

    IV. Regulatory Notices and Analyses A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, the Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule.

    Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this proposed rule. The reasoning for this determination follows.

    This proposed rule would expand the TFR provisions for launch, reentry, and amateur rocket operations. This proposed rule would formalize the current practice and apply the TFR to non-U.S. registered aircraft. No actions are required for U.S. entities. Since this proposed rule would merely amend language to improve the readability of the TFR requirements, formalize that current practice, and apply these restrictions to non-U.S. registered aircraft. The expected outcome would be a minimal impact with positive net benefits, and a regulatory evaluation was not prepared. The FAA requests comments with supporting justification about the FAA determination of minimal impact.

    The FAA has therefore, determined that this proposed rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and is not “significant” as defined in DOT's Regulatory Policies and Procedures.

    B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.” To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.

    Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA.

    However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.

    Since all U.S. entities are covered by current practice, this proposed rule would expand the applicability of TFR provisions for launch, reentry and amateur rocket operations to all aircraft, including non-U.S. registered aircraft. The expected outcome would have only a minimal impact on any small entity affected by this rulemaking action. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities.

    C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this proposed rule and determined that it would responds to a domestic safety objective and not considered an unnecessary obstacle to trade.

    D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155 million in lieu of $100 million. This proposed rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply.

    E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there would be no new requirement for information collection associated with this proposed rule.

    F. International Compatibility and Cooperation

    (1) In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these proposed regulations.

    G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances.

    V. Executive Order Determinations A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action would not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, would not have Federalism implications.

    B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it would not be a “significant energy action” under the executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy.

    C. Executive Order 13609, Promoting International Regulatory Cooperation

    Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609, and has determined that this action would have no effect on international regulatory cooperation.

    VI. Additional Information A. Comments Invited

    The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this proposal in light of the comments it receives.

    Proprietary or Confidential Business Information: Commenters should not file proprietary or confidential business information in the docket. Such information must be sent or delivered directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document, and marked as proprietary or confidential. If submitting information on a disk or CD ROM, mark the outside of the disk or CD ROM, and identify electronically within the disk or CD ROM the specific information that is proprietary or confidential.

    Under 14 CFR 11.35(b), if the FAA is aware of proprietary information filed with a comment, the agency does not place it in the docket. It is held in a separate file to which the public does not have access, and the FAA places a note in the docket that it has received it. If the FAA receives a request to examine or copy this information, it treats it as any other request under the Freedom of Information Act (5 U.S.C. 552). The FAA processes such a request under Department of Transportation procedures found in 49 CFR part 7.

    B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the Internet by—

    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);

    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or

    3. Accessing the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.

    Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. Commenters must identify the docket or notice number of this rulemaking.

    All documents the FAA considered in developing this proposed rule, including economic analyses and technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above.

    List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Aviation safety.

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend chapter I of title 14, Code of Federal Regulations as follows:

    PART 91—GENERAL OPERATING AND FLIGHT RULES 1. The authority citation for part 91 is revised to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534, articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

    2. Revise § 91.143 to read as follows:
    § 91.143 Temporary flight restrictions in the proximity of launch and reentry operations.

    No person may operate an aircraft contrary to a Temporary Flight Restriction established by the Administrator in a Notice to Airman (NOTAM) within an area designated for a launch, reentry, or amateur rocket operation, unless authorized by ATC.

    Issued under authority provided by 49 U.S.C. 106(f), 40103(b), and 44701(a) in Washington, DC, on August 18, 2015. Jodi S. McCarthy, Director, Airspace Services.
    [FR Doc. 2015-21567 Filed 9-1-15; 8:45 am] BILLING CODE 4910-13-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1211 [Docket No. CPSC-2015-0025] Safety Standard for Automatic Residential Garage Door Operators AGENCY:

    U.S. Consumer Product Safety Commission.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Consumer Product Safety Commission (“Commission” or “CPSC”) is proposing to amend the regulations for Safety Standard for Automatic Residential Garage Door Operators to reflect changes made by Underwriters Laboratories, Inc. (“UL”), in the entrapment protection provisions in UL's standard UL 325, Sixth Edition, “Standard for Safety for Door, Drapery, Gate, Louver, and Window Operators and Systems.”

    DATES:

    Submit comments by November 16, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CPSC-2015-0025, by any of the following methods:

    Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above.

    Written Submissions: Submit written submissions by mail/hand delivery/courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; Telephone (301) 504-7923.

    Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing.

    Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, and insert the docket number CPSC-2015-0025, into the “Search” box, and follow the prompts.

    FOR FURTHER INFORMATION CONTACT:

    Vince Amodeo, Directorate for Engineering Sciences, Consumer Product Safety Commission, 5 Research Place Rockville, MD 20850; Telephone (301) 987-2301 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Background

    The Commission has regulations for residential garage door operators (“GDOs”) to protect consumers from the risk of entrapment. 16 CFR part 1211. The Commission first issued the GDO standard in 1991 at the direction of the Consumer Product Safety Improvement Act of 1990 (“Improvement Act”), Public Law 101-608. Section 203 of the Improvement Act mandated that the entrapment protection requirements of the 1988 version of UL's 325, Third Edition, “Standard for Safety for Door, Drapery, Gate, Louver, and Window Operators and Systems,” be considered a consumer product safety rule under the Consumer Product Safety Act. Section 203(c) of the Improvement Act established procedures for the Commission to revise the Commission's GDO standard. When UL revises the entrapment protection requirements of UL 325, UL must notify the Commission of the revision, and that revision “shall be incorporated in the consumer product safety rule . . . unless, within 30 days of such notice, the Commission notifies [UL] that the Commission has determined that such revision does not carry out the purposes of subsection (b)” [of section 203 of the Improvement Act which mandated the UL 325 entrapment protection requirements initially]. As provided in the Improvement Act, the Commission has revised the GDO standard after UL has notified the Commission of changes to UL 325's entrapment protection requirements several times in the past.

    The Commission last updated the mandatory rule in 2007, to reflect changes made to the entrapment protection provisions of UL 325 up to that time.

    B. Changes to UL 325 and the Existing Regulation

    Since the last update to the current mandatory rule in 2007, UL has published 11 revisions to UL 325, including the publication of the Sixth Edition in October 2013, and another revision to the Sixth Edition in June 2015. On November 4, 2013, UL notified the CPSC that UL had revised the entrapment protection requirements of UL 325 and had published a Sixth Edition of that standard on October 14, 2013. On June 4, 2015, UL notified the Commission that UL published a revision to UL 325 Sixth Edition on May 25, 2015. On November 27, 2013, and on June 24, 2015, CPSC staff submitted briefing packages to the Commission explaining the latest revisions to the UL standard and the basis for staff's conclusion that the revisions enhance entrapment protections and are likely to reduce the possibility that children will become entrapped by partially open garage doors. On December 3, 2013, and on June 30, 2015, the Commission voted to accept the revisions to UL 325, Sixth Edition. The Commission also directed staff to prepare and send to the Commission a draft revision of 16 CFR part 1211 that would include the revised UL requirements in the codified text of the existing rule.

    In accordance with the Commission's previous votes, the Commission is issuing this proposed rule that would amend the mandatory GDO rule at 16 CFR part 1211 to include the revisions to the entrapment protection requirements of UL 325.

    Since the last revision of the rule in 2007, UL has made several substantive changes to the entrapment protection requirements of UL 325. These changes allow for new technological advances but do not modify the requirements for GDOs. The proposed rule modifies appropriate sections of the Commission's GDO standard to incorporate the new UL requirements, as discussed in the summary of changes to the existing rule below.

    C. Description of the Proposed Rule

    All of the proposed revisions are in subpart A of the GDO standard. The Commission is not proposing any changes to the certification (subpart B) or recordkeeping (subpart C) provisions of the GDO standard. Proposed revisions to some sections of the rule are fairly extensive. For those sections, §§ 1211.2 and 1211.4 through 1211.17 of the existing regulation, the proposed rule would either revise portions of the existing regulation or replace those sections completely and renumber them.

    In addition, the proposed rule adds two new sections (§§ 1211.14 (unattended operation requirements) and 1211.15 (vertically moving combination rigid one-piece overhead residential garage door and operator system)). The proposal renumbers existing §§ 1211.14 through 1211.17 regarding instructions, labeling, and marking to become §§ 1211.16 through 1211.19 in the proposed rule. The proposed rule also includes some technical edits and revisions to correct typographical errors.

    UL added requirements for certain types of GDOs that were not previously covered by the GDO standard. Most of the proposed revisions to the GDO standard involve adding requirements for these types of GDOs and making changes related to these provisions. In addition, UL added requirements for unattended operation of GDOs and for wireless control and communications. Finally, UL made several editorial changes throughout the standard to provide better descriptions of the appropriate requirements and test conditions, and UL also revised dimensional tolerances on test fixtures so that the fixtures can be manufactured using generally available machine tools. As discussed in more detail below, the Commission proposes to incorporate these changes into the Commission's GDO standard at 16 CFR part 1211.

    GDOs that Open Horizontally. Because UL added requirements for GDOs that open horizontally, the Commission proposes revisions to differentiate between requirements for horizontal and vertical opening GDOs (§ 1211.6(d)). Entrapment protection requirements are similar for vertically and horizontally opening GDOs. UL added and clarified test requirements to address entrapment protection for either vertical or horizontal movement and clarified wording throughout the standard, such as replacing “downward movement” with “closing movement,” and adding “vertically” or “horizontally” moving, where appropriate. Additionally, UL clarified secondary entrapment protection requirements for vertically and horizontally opening GDOs. The proposed rule incorporates these changes (§ 1211.8).

    Combination Sectional Overhead GDOs. UL added requirements for combination sectional overhead GDOs, which are a door and operator combination, in which the door and hardware are an integral part of the operator, and in which the operator does not exert a driving force on the door in the closing direction. The proposed rule incorporates these changes (§ 1211.6(c)). Under UL's revised provisions, this type of GDO must comply with the common requirements for GDOs; plus, they must comply with the requirements found in the American National Standard/Door and Access Systems Manufacturers ANSI/DASMA 102-2004, Specifications for Sectional Doors, 2004 revision, dated October 22, 2004, which the Commission proposes to incorporate by reference in the proposed rule (§ 1211.6(c)). ANSI/DASMA 102-2004 provides requirements for installation/operation, maintenance, durability, and identification of GDO systems with the name and address of the door system manufacturer, loads, in addition to general requirements. This ANSI/DASMA standard is available from ANSI/DASMA, or the standard may be examined at the offices of the Federal Register.

    Additionally, the revised UL standard requires that the instructions for combination sectional overhead GDOs must specify: (1) the operator by manufacturer and model; (2) the doors by manufacturer, model, and maximum and minimum door width and height required for compliance to the entrapment protection requirements; (3) the hardware required to meet the entrapment protection requirements (§ 1211.16(a)(13)); and (4) how to properly counterbalance the door ((§ 1211.16(a)(14)). Finally, combination sectional overhead GDOs must be provided with permanent labels that contain specific warnings (§ 1211.17(k)) and markings (§ 1211.17 (m)). The proposed rule includes these requirements in the sections indicated.

    Unattended Operation of GDOs. UL added requirements for unattended operation of GDOs, which is permitted if additional safety features are provided. The proposed rule includes these requirements (new § 1211.14). Under UL's revised provisions, unattended operation is allowable only if proper installation instructions and markings are provided. Unattended GDOs must require one or more intentional actions to function and must require an audible and visual alarm that must signal for 5 seconds before door movement. Unattended operation is not permitted on one-piece or swinging garage doors. The word “bulb” is changed to “light” to address newer technologies that may use LEDs that may not be considered “bulbs” and clarifies that the visual or audio alarm during unattended operation does not require monitoring.

    Combination Rigid One-Piece Overhead GDOs. UL added requirements for combination rigid one-piece overhead GDOs, which are a door and operator combination in which the door is constructed of one rigid piece. The proposed rule includes these requirements (new § 1211.15). Under UL's revised provisions, this type of GDO must comply with the common requirements for GDOs; plus, the speed of the door edge during movement must not exceed 6 inches per second. This type of GDO also must provide two additional independent secondary entrapment-protection devices, including a minimum of two sensors. Additionally, these GDOs must provide a means of mechanically detaching both door operators from the door and must have an interlock to de-energize the operator when detached. Finally, the installation instructions for combination rigid one-piece GDOs must specify attachment points for installation. The proposed rule includes these requirements for instructions (§ 1211.16(b)(2)(13)).

    Wireless Control and Communication. UL added requirements for wireless control (§§ 1211.8(d) and 1211.10(f)), including additional tests for battery operation (§ 1211.10(g)) and wireless communication (§ 1211.10(h)). The proposed rule includes these requirements at the sections indicated.

    Photoelectric Sensors. UL added requirements for alternate sources of light for the photoelectric sensor ambient light test. The proposed rule includes these requirements (§ 1211.11(e)(2)). The current test method specifies a specific DXC-RFL-2 flood lamp, which is becoming difficult to obtain in the marketplace. Instead, the proposed requirement would specify the minimum required wattage (500W) and maximum color temperature (3600K) of the bulb, to allow for available light sources without affecting the test results.

    UL added a new test method for GDOs that use an array of “vertical” photoelectric sensors as a non-contact external entrapment protection device. The proposed rule includes this new test method (§ 1211.11 (d)(4) and new paragraph (f)). The new method verifies that the “vertical” sensors function properly.

    Clarifications. UL made several clarifications throughout the standard to improve clarity and describe test conditions better. The proposed rule includes these clarifications:

    • Electronic instructions (§ 1211.16(a)(10)) may be provided on alternate sources, such as CD-ROM, USB flash drive, or company Web site.

    • For GDOs for one-piece doors that have an unattended operation function, certain markings are not required if the GDO automatically senses door operation (§§ 1211.16(b)(1)(ii), 1211.17(h), and 1211.18(m)),

    • The requirements for UL markings for voltage, frequency, and input are clarified (§ 1211.18(b)(3) and (4)).

    • UL marking requirements for risk of entrapment on GDOs that have user adjustments (§ 1211.18(i)) shall be located where visible to the user when making adjustments.

    • Requirements for the external entrapment protection device (i.e., photoelectric sensor and edge sensor) test criteria (§ 1211.10(b), (c), and (e) and § 1211.11(d)(4)) are clarified, and the requirements for determining whether the system is operating normally before and after each test are made consistent throughout the standard.

    • The requirements for the switch or relay used in the entrapment protection circuit (§ 1211.6(f)) are clarified by stating that the switch or relay must be capable of operating at a minimum cycling of 100,000 cycles, as intended in the GDO without failing, and that when/if failure does occur in actual use (at any cycle count), failure shall result in preventing further operation of the door.

    The Commission requests comments on whether the codification in the proposed rule accurately reflects the changes to the entrapment protection provisions of UL 325.

    D. Incorporation by Reference

    The proposed rule would update the existing incorporations by reference in the mandatory rule to the most recent version of the appropriate voluntary standard, as follows:

    • NFPA 70 (The standard addresses the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways in commercial, residential, and industrial occupancies.) (§ 1211.2(c));

    • UL 991 (The requirements apply to controls that employ solid-state devices and are intended for specified safety-related protective functions.) (§§ 1211.4(c) and 1211.5(c));

    • UL 1998 (These requirements apply to non-networked embedded microprocessor software whose failure is capable of resulting in a risk of fire, electric shock, or injury to persons.) (§ 1211.8(d)); and

    • UL 746C (These requirements cover parts made of polymeric materials that are used in electrical equipment and describe the various test procedures and their use in the testing of such parts and equipment.) (§§ 1211.10(d) and (e), and 1211.12(c)(2)).

    In addition, § 1211.6(c) of the proposed rule would add a new incorporation by reference for ANSI/DASMA 102-2004.

    The Office of the Federal Register (“OFR”) has regulations concerning incorporation by reference. 1 CFR part 51. The OFR recently revised these regulations to require that, for a proposed rule, agencies must discuss in the preamble to the NPR, the ways that the materials the agency proposes to incorporate by reference are reasonably available to interested persons or how the agency worked to make the materials reasonably available. In addition, the preamble to the proposed rule must summarize the material. 1 CFR 51.5(a).

    In accordance with the OFR's requirements, this section and section C of this preamble summarize the provisions of the voluntary standards that the Commission proposes to incorporate by reference and to update:

    • Specifications for Sectional Doors, ANSI/DASMA 102-2004. ANSI/DASMA 102-2004 is copyrighted. Copies may be obtained from the Door and Access Systems Manufacturers' Association, International, 1300 Sumner Avenue, Cleveland, OH 44115-2851, telephone (216) 241-7333, or online at: http://www.dasma.com/pdf/publications/standards/102-2004.pdf.

    • National Electrical Code, NFPA 70, 2014 edition. NFPA 70 is copyrighted. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101 (800) 344-3555.

    • Standard for Safety for Tests for Safety-Related Controls Employing Solid-State Devices, UL 991, Third Edition, dated October 22, 2004.

    • Standard for Safety for Software in Programmable Components, UL 1998, Third Edition, dated December 18, 2013.

    • Standard for Safety for Polymeric Materials—Use in Electrical Equipment Evaluations, UL 746C, Sixth Edition, dated September 10, 2004.

    The UL standards listed above are copyrighted. For the UL standards, may be obtained online at: http://ulstandards.ul.com/. One may also inspect a copy of all of the above-referenced standards at CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, Telephone: (301) 504-7923.

    E. Effective Date

    The requirements for residential GDOs in UL 325, Sixth Edition are currently in effect. Based on reports from industry representatives, all known manufacturers and importers currently conform to the provisions. Therefore, the Commission is proposing that the effective date of the rule, if finalized, would be 30 days from the date of publication of the final rule in the Federal Register. This effective date would not adversely affect the cost or availability of conforming GDOs.

    F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (“RFA”) generally requires that agencies review proposed and final rules for the rules' potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603 and 604. Because the existing level of conformance with the revisions to UL 325, Sixth Edition, is unanimous, and no new compliance costs or other burdens would be associated with the proposed amendment, the Commission certifies under the RFA that the rule would not likely have a significant impact on a substantial number of small businesses or other small entities. Under section 605(b) of the RFA, 5 U.S.C. 605(b), the Commission certifies that this proposed rule would not have a significant impact on a substantial number of small entities.

    G. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for Commission rules from any requirement to prepare an environmental assessment or an environmental impact statement because the rules “have little or no potential for affecting the human environment.” 16 CFR 1021.5(c)(2). This proposed rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. The Commission's regulations state that safety standards for products normally have little or no potential for affecting the human environment. 16 CFR 1021.5(c)(1). Nothing in this proposed rule alters that expectation.

    H. Preemption

    The Improvement Act contains a preemption provision that states: “those provisions of laws of States or political subdivisions which relate to the labeling of automatic residential garage door openers and those provisions which do not provide at least the equivalent degree of protection from the risk of injury associated with automatic residential garage door openers as the consumer product safety rule” are subject to preemption under 15 U.S.C. 2075. Public Law 101-608, section 203(f).

    List of Subjects in 16 CFR Part 1211

    Consumer protection, Imports, Incorporation by reference, Labeling, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Commission proposes to amend subpart A of 16 CFR part 1211, as follows:

    PART 1211—SAFETY STANDARDS FOR AUTOMATIC RESIDENTIAL GARAGE DOOR OPERATORS 1. The authority citation for part 1211 continues to read as follows: Authority:

    Sec. 203 of Pub. L. 101-608, 104 Stat. 3110; 15 U.S.C. 2063 and 2065.

    2. Amend § 1211.2 by revising paragraph (c) to read as follows:
    § 1211.2 Definition.

    (c) Is intended to be employed in ordinary locations in accordance with the National Electrical Code, NFPA 70, 2014 edition. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101, Telephone: (800) 344-3555. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    3. Amend § 1211.4 by revising paragraph (c) to read as follows:
    § 1211.4 General requirements for protection against risk of injury.

    (c) An electronic or solid-state circuit that performs a back-up, limiting, or other function intended to reduce the risk of fire, electric shock, or injury to persons, including entrapment protection circuits, shall comply with the requirements in the Standard for Safety for Tests for Safety-Related Controls Employing Solid-State Devices, UL 991, Third Edition, dated October 22, 2004, including environmental and stress tests appropriate to the intended usage of the end-product. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained online at http://ulstandards.ul.com/. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    4. Amend § 1112.5 by revising paragraphs (a)(1) and (6) and (b)(3) to read as follows:
    § 1211.5 General testing parameters.

    (a) * * *

    (1) With regard to electrical supervision of critical components, an operator being inoperative with respect to closing movement of the door meets the criteria for trouble indication.

    (6) When a Computational Investigation is conducted, λp shall not be greater than 6 failures/106 hours for the entire system. For external secondary entrapment protection devices or systems that are sold separately, λp shall not be greater than 0 failures/106 hours. For internal secondary entrapment protection devices or systems whether or not they are sold separately, λp shall not be greater than 0 failures/106 hours. The operational test is conducted for 14 days. An external secondary entrapment protection device or system that is sold separately, and that has a λp greater than 0 failures/106 hours meets the intent of the requirement when for the combination of the operator and the specified external secondary entrapment protection device λp does not exceed 6 failures/106 hours. See § 1211.18(j) through (l).

    (b) * * *

    (3) During the Power Cycling Safety for Tests in accordance with the Standard for Safety for Tests for Safety-Related Controls Employing Solid-State Devices, UL 991, Third Edition, dated October 22, 2004. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained online at http://ulstandards.ul.com/. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    5. Revise § 1211.6 to read as follows:
    § 1211.6 General entrapment protection requirements.

    (a) A residential garage door operator system shall be provided with inherent primary entrapment protection that complies with the requirements as specified in § 1211.7.

    (b) In addition to the inherent primary entrapment protection as required by paragraph (a) of this section, a vertically moving residential garage door operator shall comply with one of the following:

    (1) Shall be constructed to:

    (i) Require constant pressure on a control intended to be installed and activated within line of sight of the door to lower the door;

    (ii) Reverse direction and open the door to the upmost position when constant pressure on a control is removed prior to operator reaching its lower limit, and

    (iii) Limit a portable transmitter, when supplied, to function only to cause the operator to open the door;

    (2) Shall be provided with a means for connection of an external secondary entrapment protection device as described in §§ 1211.8, 1211.10, and 1211.11; or

    (3)(i) Shall be provided with an inherent secondary entrapment protection device as described in §§ 1211.8(a), 1211.8(c), 1211.8(f), 1211.10, and 1211.12 and is:

    (A) A combination sectional overhead garage door operator system as described in § 1211.6(c); and

    (B) For use only with vertically moving garage doors.

    (ii) With respect to § 1211.6(b)(3)(i)(A), trolley-driven operators do not meet the definition of a combination sectional overhead garage door operator system.

    (c) In the case of a vertically moving combination sectional overhead garage door operator system, the door shall comply with the requirements in Specifications for Sectional Doors, ANSI/DASMA 102, 2004 revision, dated October 22, 2004. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the Door and Access Systems Manufacturers' Association, International, 1300 Sumner Avenue, Cleveland, OH 44115-2851, telephone (216) 241-7333, or online at http://www.dasma.com/pdf/publications/standards/102-2004.pdf. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (d) In addition to the inherent primary entrapment protection as required by § 1211.6(a), a horizontally sliding residential garage door operator shall comply with one of the following:

    (1) Shall be constructed to:

    (i) Require constant pressure on a control to close the door;

    (ii) Reverse direction and open the door a minimum of 2 in (50.8 mm) when constant pressure on a control is removed prior to operator reaching its position limit; and

    (iii) Stop the door if a second obstruction is detected in the reverse direction.

    (2) Shall be provided with a means for connection of an external secondary entrapment protection device for each leading edge as described in § 1211.8.

    (e) A mechanical switch or a relay used in an entrapment protection circuit of an operator shall withstand 100,000 cycles of operation controlling a load no less severe (voltage, current, power factor, inrush and similar ratings) than it controls in the operator, and shall function normally upon completion of the test.

    (f) In addition to complying with paragraph (e) of this section, in the event of a malfunction of a switch or relay (open or short) described in paragraph (c) of this section results in loss of any entrapment protection required by §§ 1211.7(a), 1211.7(b)(7), 1211.7(c)(7), 1211.8(a), or 1211.8(b), the door operator shall become inoperative at the end of the opening or closing operation, the door operator shall move the door to, and stay within, 1 foot (305 mm) of the uppermost position.

    6. Revise § 1211.7 to read as follows:
    § 1211.7 Inherent primary entrapment protection requirements.

    (a) General requirements. A vertically moving residential garage door operator system shall be supplied with inherent primary entrapment protection that complies with the requirements as specified in paragraph (b) of this section. A horizontally sliding residential garage door operator system shall be supplied with inherent primary entrapment protection that complies with the requirements as specified in paragraph (c) of this section.

    (b) Inherent primary entrapment protection, vertically moving doors. (1)(i) For a vertically moving residential garage door operator system, other than for the first 1 foot (305mm) of door travel from the full upmost position both with and without any secondary external entrapment protection device functional, the operator of a downward moving residential garage door shall initiate reversal of the door within 2 seconds of contact with the obstruction as specified in subparagraph (b)(3) of this section. After reversing the door, the operator shall return the door to, and stop at, the full upmost position. Compliance shall be determined in accordance with paragraphs (b)(3) through (10) of this section.

    (ii) The door operator is not required to return the door to, and stop the door at, the full upmost position when the operator senses a second obstruction during the upward travel.

    (iii) The door operator is not required to return the door to, and stop the door at, the full upmost position when a control is actuated to stop the door during the upward travel—but the door can not be moved downward until the operator reverses the door a minimum of 2 inches (50.8 mm).

    (2) The test shall be performed on a representative operating system installed in accordance with the manufacturer's installation instructions with the operator exerting a 25-lbf (111.21-N) pull or its rated pull, whichever is greater.

    (3)(i) A solid object is to be placed on the floor of the test installation and at various heights under the edge of the door and located in line with the driving point of the operator. When tested on the floor, the object shall be 1 inch (25.4 mm) high. In the test installation, the bottom edge of the door under the driving force of the operator is to be against the floor when the door is fully closed.

    (ii) For operators other than those attached to the door, a solid object is not required to be located in line with the driving point of the operator. The solid object is to be located at points at the center, and within 1 foot of each end of the door.

    (iii) To test operators for compliance with requirements in paragraphs (b)(1)(iii), (b)(7)(iii), and (b)(8)(iii) of this section and § 1211.13(c), a solid rectangular object measuring 4 inches (102 mm) high by 6 inches (152 mm) wide by a minimum of 6 inches (152 mm) long is to be placed on the floor of the test installation to provide a 4-inch (102 mm) high obstruction when operated from a partially open position.

    (4) An operator is to be tested for compliance with paragraph (b)(1) of this section for 50 open-and-close cycles of operation while the operator is connected to the type of residential garage door with which it is intended to be used or with the doors specified in paragraph (b)(6) of this section. For an operator having a force adjustment on the operator, the force is to be adjusted to the maximum setting or at the setting that represents the most severe operating condition. Any accessories having an effect on the intended operation of entrapment protection functions that are intended for use with the operator, are to be attached and the test is to be repeated for one additional cycle.

    (5) For an operator that is to be adjusted (limit and force) according to instructions supplied with the operator, the operator is to be tested for 10 additional obstruction cycles using the solid object described in paragraph (b)(3) of this section at the maximum setting or at the setting that represents the most severe operating condition.

    (6) For an operator that is intended to be used with more than one type of door, one sample of the operator is to be tested on a sectional door with a curved track and one sample is to be tested on a one-piece door with jamb hardware and no track. For an operator that is not intended for use on either or both types of doors, a one-piece door with track hardware or a one-piece door with pivot hardware shall be used for the tests. For an operator that is intended for use with a specifically dedicated door or doors, a representative door or doors shall be used for the tests. See the marking requirements at § 1211.18.

    (7)(i) An operator, employing an inherent entrapment protection system that measures or monitors the actual position of the door, shall initiate reversal of the door and shall return the door to, and stop the door at, the full upmost position in the event the inherent door operating “profile” of the door differs from the originally set parameters. The entrapment protection system shall measure or monitor the position of the door at increments not greater than 1 inch (25.4 mm).

    (ii) The door operator is not required to return the door to, and stop the door at, the full upmost position when an inherent entrapment circuit senses an obstruction during the upward travel.

    (iii) The door operator is not required to return the door to, and stop the door at, the full upmost position when a control is actuated to stop the door during the upward travel—but the door can not be moved downward until the operator reverses the door a minimum of 2 inches (50.8 mm).

    (8)(i) An operator, using an inherent entrapment protection system that does not measure or monitor the actual position of the door, shall initiate reversal of the door and shall return the door, to and stop the door at the full upmost position, when the lower limiting device is not actuated in 30 seconds or less following the initiation of the close cycle.

    (ii) The door operator is not required to return the door to, and stop the door at, the full upmost position when an inherent entrapment circuit senses an obstruction during the upward travel. When the door is stopped manually during its descent, the 30 seconds shall be measured from the resumption of the close cycle.

    (iii) The door operator is not required to return the door to, and stop the door at, the full upmost position when a control is actuated to stop the door during the upward travel—but the door can not be moved downward until the operator reverses the door a minimum of 2 inches (50.8 mm). When the door is stopped manually during its descent, the 30 seconds shall be measured from the resumption of the close cycle.

    (9) To determine compliance with paragraph (b)(7) or (8) of this section, an operator is to be subjected to 10 open-and-close cycles of operation while connected to the door or doors specified in paragraphs (b)(4) and (6) of this section. The cycles are not required to be consecutive. Motor cooling-off periods during the test meet the intent of the requirement. The means supplied to comply with the requirement in paragraph (b)(1) of this section and § 1211.8(a) or (b) are to be defeated during the test. An obstructing object is to be used so that the door is not capable of activating a lower limiting device.

    (10) During the closing cycle referred to in paragraph (b)(9) of this section, the system providing compliance with paragraphs (b)(1) and (7) of this section or paragraphs (b)(1) and (8) of this section shall function regardless of a short- or open-circuit anywhere in any low-voltage external wiring, any external entrapment devices, or any other external component.

    (c) Inherent primary entrapment protection, horizontally sliding doors. (1)(i) For a horizontally sliding residential garage door operator system, other than for the first 1 foot (305mm) of door travel from the full closed position both with and without any external entrapment protection device functional, the operator of a closing residential garage door shall initiate reversal of the door within 2 seconds of contact with the obstruction as specified in paragraph (c)(3) of this section. After reversing the door, the operator shall open the door a minimum of 2 inches (50.8 mm) from the edge of the obstruction. Compliance shall be determined in accordance with paragraphs (c)(2) through (10) of this section.

    (ii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when the operator senses a second obstruction during the closing direction of travel.

    (iii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when a control is actuated to stop the door during movement towards the open position—but the door can not be moved towards the open position until the operator reverses the door a minimum of 2 inches (50.8 mm).

    (2) The test shall be performed on a representative operating system installed in accordance with the manufacturer's installation instructions with the operator exerting a 25-lbf (111.21-N) pull or its rated pull, whichever is greater.

    (3)(i) A solid object is to be placed on the floor of the test installation and rigidly supported within the bottom track and then repeated with the solid object placed on the floor and rigidly supported external to the track. The test shall then be repeated with the solid object rigidly supported at heights of 1 ft (305 mm), 3 ft (914 mm), 5 ft (1524 mm), and within 1 ft (305 mm) of the top edge. The object shall be 1 inch (25.4 mm) in width.

    (ii) For operators other than those attached to the door, a solid object is not required to be located in line with the driving point of the operator. The solid object is to be located at points at the center and within 1 ft of each end of the door opening.

    (iii) To test operators for compliance with paragraphs (c)(1)(iii), (c)(7)(iii), and (c)(8)(iii) of this section, and § 1211.13(c), a solid rectangular object measuring 4 inches (102 mm) high by 6 inches (152 mm) wide by a minimum of 6 in (152 mm) long is to be placed on the floor of the test installation to provide a 4 in (102 mm) high obstruction when operated from a partially open position with the test repeated with the bottom edge of the obstruction rigidly supported at heights of 1 ft (305 mm), 3ft (914 mm), 5ft (1524 mm), and within 1 ft (305 mm) of the top edge.

    (4) An operator is to be tested for compliance with paragraph (c)(1) of this section for 50 open-and-close cycles of operation while the operator is connected to the type of residential garage door with which it is intended to be used or with the doors specified in paragraph (c)(6) of this section. For an operator having a force adjustment on the operator, the force is to be adjusted to the maximum setting or at the setting that represents the most severe operating condition. Any accessories having an effect on the intended operation of entrapment protection functions that are intended for use with the operator, are to be attached and the test is to be repeated for one additional cycle.

    (5) For an operator that is to be adjusted (limit and force) according to instructions supplied with the operator, the operator is to be tested for 10 additional obstruction cycles using the solid object described in paragraph (c)(3) of this section at the maximum setting or at the setting that represents the most severe operating condition.

    (6) For an operator that is intended to be used with more than one type of door, one sample of the operator is to be tested on a sectional door with a curved track and one sample is to be tested on a one-piece door with jamb hardware and no track. For an operator that is not intended for use on either or both of these types of doors, a one-piece door with track hardware or a one-piece door with pivot hardware shall be used for the tests. For an operator that is intended for use with a specifically dedicated door or doors, a representative door or doors shall be used for the tests. See the marking requirements in § 1211.18.

    (7)(i) An operator, employing an inherent entrapment protection control that measures or monitors the actual position of the door, shall initiate reversal of the door and shall return the door to, and stop the door at, the fully closed position in the event the inherent door operation “profile” of the door differs from the originally set parameters. The system shall measure or monitor the position of the door at increments not greater than 1 inch (25.4 mm).

    (ii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when an inherent entrapment circuit senses an obstruction during the reversing travel.

    (iii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when a control is actuated to stop the door during the opening direction—but the door can not be moved in the closing direction until the operator reverses the door a minimum of 2 inches (50.8 mm).

    (8)(i) An operator, using an inherent entrapment protection system that does not measure or monitor the actual position of the door, shall initiate reversal of the door and shall open the door a minimum 2 inches (50.8 mm) when the closed position limit device is not actuated within 30 seconds or less following the initiation of the close cycle.

    (ii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when an inherent entrapment circuit senses an obstruction during the reversing travel.

    (iii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when a control is actuated to stop the door during the opening direction—but the door can not be moved in the closing direction until the operator has reversed the door a minimum of 2 inches (50.8 mm). When the door is stopped manually during its closing, the 30 seconds shall be measured from the resumption of the close cycle.

    (9) To determine compliance with paragraph (c)(7) or (8) of this section, an operator is to be subjected to 10 open-and-close cycles of operation while connected to the door or doors specified in paragraphs (c)(4) and (6) of this section. The cycles are not required to be consecutive. Motor cooling-off periods during the test meet the intent of the requirement. The means supplied to comply with paragraph (c)(1) of this section and § 1211.8(b) are to be inoperative or defeated during the test. An obstructing object is to be used so that the door is not capable of activating a position limiting device.

    (10) During the closing cycle referred to in paragraph (c)(9) of this section, the system providing compliance with paragraphs (c)(1) and (7) of this section or paragraphs (c)(1) and (8) of this section shall function regardless of a short- or open-circuit anywhere in any low-voltage external wiring, any external entrapment devices, or any other external component.

    7. Revise § 1211.8 to read as follows:
    § 1211.8 Secondary entrapment protection requirements.

    (a)(1) For a vertically moving door operator, a secondary entrapment protection device supplied with, or as an accessory to, an operator shall consist of:

    (i) An external photoelectric sensor that when activated results in an operator that is closing a door to reverse direction of the door, returns the door to, and stops the door at the fully open position, and the sensor prevents an operator from closing an open door,

    (ii) An external edge sensor installed on the edge of the door that, when activated results in an operator that is closing a door to reverse direction of the door, returns the door to, and stops the door at the fully open position, and the sensor prevents an operator from closing an open door,

    (iii) An inherent door sensor independent of the system used to comply with § 1211.7 that, when activated, results in an operator that is closing a door to reverse direction of the door and the sensor prevents an operator from closing an open door, or

    (iv) Any other external or internal device that provides entrapment protection equivalent to paragraph (a)(1)(i), (ii), or (iii) of this section.

    (2) The door operator is not required to return the door to, and stop the door at, the fully open position when an inherent entrapment circuit senses an obstruction during the opening travel.

    (3) The door operator is not required to return the door to, and stop the door at, the fully open position when a control is actuated to stop the door during the opening travel—but the door cannot be moved towards the closing direction until the operator has reversed the door a minimum of 2 inches (50.8 mm).

    (b) For horizontal sliding garage door operators, a secondary entrapment protection device supplied with, or as an accessory to, an operator shall consist of:

    (1) An external photoelectric sensor that, when activated, results in an operator that is closing or opening a door to reverse direction of the door for a minimum of 2 inches (50.8 mm); or

    (2) An external edge sensor installed on the edge of the door that, when activated, results in an operator that is closing or opening a door to reverse direction of the door for a minimum of 2 inches (50.8 mm).

    (c) With respect to paragraphs (a) and (b) of this section, the operator shall monitor for the presence and correct operation of the device at least once during each close cycle. Should the device not be present or a fault condition occurs which precludes the sensing of an obstruction, including an interruption of the wireless signal to the wireless device or an open or short circuit in the wiring that connects an external entrapment protection device to the operator and device's supply source, the operator shall be constructed such that:

    (1) For a vertically moving door, the closing door shall open and an open door shall not close more than 1 foot (305 mm) below the upmost position;

    (2) For a horizontally sliding door, the door shall not move in the opening or closing direction; or

    (3) The operator shall function as required by § 1211.6(b)(1).

    (d) An external entrapment protection device or system, when employing a wireless control, shall comply with paragraph (e) of this section when installed at its farthest distance from the operator as recommended in the installation instructions.

    (e) An external entrapment protection device shall comply with the applicable requirements in §§ 1211.10, 1211.11 and 1211.12.

    (f) An inherent secondary entrapment protection device shall comply with the applicable requirements in § 1211.13. Software used in an inherent entrapment protection device shall comply with the Standard for Safety for Software in Programmable Components, UL 1998, Third Edition, December 18, 2013. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained online at http://ulstandards.ul.com/. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    8. Amend § 1211.9 by: a. Revising paragraph (a); b. Revising paragraph (b)(2); and c. Revising paragraph (c).

    The revisions read as follows:

    § 1211.9 Additional entrapment protection requirements.

    (a) A means to manually detach the door operator from the door shall be supplied. The gripping surface (handle) shall be colored red and shall be easily distinguishable from the rest of the operator. It shall be capable of being adjusted to a height of 6 feet (1.8 m) above the garage floor when the operator is installed according to the instructions specified in § 1211.16(a)(2). The means shall be constructed so that a hand firmly gripping it and applying a maximum of 50 pounds (223 N) of force shall detach the operator with the door obstructed in the down position. The obstructing object, as described in § 1211.7(b)(3)(i), is to be located in several different positions. A marking with instructions for detaching the operator shall be provided as required by § 1211.17(a), (b), and (j), as applicable.

    (b) * * *

    (2) The door is capable of being moved to the 2-inch (50.8-mm) point from any position between closed and the 2-inch (50.8-mm) point.

    (c) Actuation of a control that initiates movement of a door shall stop and may reverse the door on the closing cycle. On the opening cycle, actuation of a control shall stop the door but not reverse it.

    9. Revise § 1121.10 to read as follows:
    § 1211.10 Requirements for all entrapment protection devices.

    (a) General requirements. (1) An external entrapment protection device shall perform its intended function when tested in accordance with paragraphs (a)(2) through (4) of this section.

    (2) The device is to be installed in the intended manner and its terminals connected to circuits of the door operator as indicated by the installation instructions.

    (3) The device is to be installed and tested at minimum and maximum heights and widths representative of recommended ranges specified in the installation instructions. For doors, if not specified, devices are to be tested on a minimum 7 foot (2.1 m) wide door and maximum 20 foot (6.1 m) wide door.

    (4) If powered by a separate source of power, the power-input supply terminals are to be connected to supply circuits of rated voltage and frequency.

    (5) An external entrapment protection device requiring alignment, such as a photoelectric sensor, shall be provided with a means, such as a visual indicator, to show proper alignment and operation of the device.

    (b) Current protection test. (1) There shall be no damage to the entrapment protection circuitry if low voltage field-wiring terminals or leads are shortened or miswired to adjacent terminals.

    (2) To determine compliance with paragraph (b)(1) of this section, an external entrapment protection device is to be connected to a door operator or other source of power in the intended manner, after which all connections to low voltage terminals or leads are to be reversed as pairs, reversed individually, or connected to any low voltage lead or adjacent terminal.

    (3) After restoring the connections in the intended manner:

    (i) A photoelectric sensor shall comply with the Normal Operation tests per § 1211.11(a) through (c); and

    (ii) An edge sensor shall comply with the Normal Operation test, per § 1211.12(a).

    (c) Splash test. (1) An external entrapment protection device intended to be installed inside a garage 3 feet or less above the floor shall withstand a water exposure as described in paragraph (c)(2) of this section without resulting in a risk of electric shock and shall function as intended, per paragraph (c)(3) of this section. After exposure, the external surface of the device may be dried before determining its functionality.

    (2) External entrapment protection devices are to be indirectly sprayed using a hose having the free end fitted with a nozzle as illustrated in figure 2 of this subpart and connected to a water supply capable of maintaining a flow rate of 5 gallons (19 liters) per minute as measured at the outlet orifice of the nozzle. The water from the hose is to be played, from all sides and at any angle against the floor under the device in such a manner most likely to cause water to splash the enclosure of electric components. However, the nozzle is not to be brought closer than 10 feet (3.05 m) horizontally to the device. The water is to be sprayed for 1 minute.

    (3) After drying the external surface of the device:

    (i) A photoelectric sensor shall comply with the Normal Operation Tests per § 1211.11(a) through (c); and

    (ii) An edge sensor shall comply with the Normal Operation Test, per § 1211.12(a).

    (iii) There shall be no water on uninsulated live parts of a line voltage circuit.

    (d) Ultraviolet light exposure test. A polymeric material used as a functional part of a device that is exposed to outdoor weather conditions shall comply with the Ultraviolet Light Exposure Test described in the Standard for Safety for Polymeric Materials—Use in Electrical Equipment Evaluations, UL 746C, Sixth Edition, dated September 10, 2004. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained online at http://ulstandards.ul.com/. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (e) Resistance to impact test. (1) An external entrapment protection device employing a polymeric or elastomeric material as a functional part shall be subjected to the impact test specified in paragraph (e)(2) of this section. As a result of the test:

    (i) There shall be no cracking or breaking of the part; and

    (ii) The part shall operate as intended, per paragraph (e)(4) of this section, or, if dislodged after the test, is capable of being restored to its original condition.

    (2) Samples of the external entrapment protection device are to be subjected to the Resistance to Impact Test described in the Standard for Polymeric Materials—Use in Electrical Equipment Evaluations, UL 746C, Sixth Edition, dated September 10, 2004, as incorporated by reference in paragraph (d) of this section. The external entrapment protection device is to be subjected to 5 foot-pound (6.8 J) impacts. Three samples are to be tested, each sample being subjected to three impacts at different points.

    (3) In lieu of conducting the room temperature test described in paragraph (e)(2) of this section, each of three samples of a device exposed to outdoor weather when the door is the closed position are to be cooled to a temperature of minus 31.0±3.6 °F (minus 35.0±2.0 °C) and maintained at this temperature for 3 hours. Three samples of a device employed inside the garage are to be cooled to a temperature of 32.0 °F (0.0 °C) and maintained at this temperature for 3 hours. While the sample is still cold, the samples are to be subjected to the impact test described in paragraph (e)(1) of this section.

    (4) To determine compliance with paragraph (e)(1)(ii) of this section:

    (i) A photoelectric sensor shall comply with the Normal Operation tests per § 1211.11(a) through (c); and

    (ii) An edge sensor shall comply with the Normal Operation Test, per § 1211.12(a).

    (f) External entrapment protection devices with wireless control—(1) Initial test set-up. (i) For a wireless device intended to be powered by a non-rechargeable battery, a fully charged battery shall be installed per the instructions or markings on the product. See § 1211.16 (a)(7).

    (ii) An entrapment protection device or system employing a wireless control, or separately supplied for, shall be installed per the manufacturer's instructions.

    (2) Radiated immunity test. (i) An external entrapment protection device when employing wireless control shall operate as specified in § 1211.8(a) through (e) as applicable; or is rendered inoperative (any case in which the operator will not complete a full cycle, open and close, of travel) when tested in accordance with paragraph (f)(2)(ii) of this section.

    (ii) Compliance to paragraph (f)(2)(i) of this section is verified by simulating an obstruction during the period of the electric field strength test of § 1211.4(c).

    (g) Battery test for wireless devices. (1) An external entrapment protection device when employing a battery powered wireless control shall operate as specified in § 1211.8(a) through (e) as applicable; or is rendered inoperative (any case in which the operator will not complete a full cycle, open and close, of travel) when tested in accordance with paragraph (g)(2) of this section.

    (2) Compliance with paragraph (g)(1) of this section shall be verified with battery charge at the following levels:

    (i) Fully charged; and

    (ii) Discharged per the manufacturer's recommendations to the wireless device's lowest operational voltage.

    (3) An external entrapment protection device employing a battery powered wireless device operating under conditions with a fully discharged battery or when the battery is discharged sufficiently to cause the device or system to render the moving door inoperative, shall be considered a single point fault for complying with §§ 1211.5(b) and 1211.8(c).

    (h) Ambient light test for wireless device with IR communication. (1) An external entrapment protection device, when employing an IR communication shall operate as specified in § 1211.8(a) through (e) as applicable; or is rendered inoperative (any case in which the operator will not complete a full cycle, open and close, of travel) when subjected to ambient light impinging at an angle of 15 to 20 degrees from the axis of the beam when tested in accordance with paragraph (h)(2) of this section.

    (2) An external entrapment protection device when employing an IR communication shall be set up at maximum range per paragraph (h)(1) of this section. The ambient light test described in § 1211.11(e)(2) shall be conducted with the light source impinging on each IR receiver, one at a time that is part of the wireless control system between the external entrapment protection device and the operator.

    10. Revise § 1211.11 to read as follows:
    § 1211.11 Requirements for photoelectric sensors.

    (a) Normal operation test. When installed as described in § 1211.10(a)(1) through (4), a photoelectric sensor of a vertically moving door shall sense an obstruction as described in paragraph (c) of this section that is to be placed on the floor at three points over the width of the door opening, at distances of 1 foot (305 mm) from each end and the midpoint.

    (b) When installed as described in § 1211.10(a)(1) through (4), a photoelectric sensor of a horizontally moving door shall be tested per paragraph (c) of this section that is to be placed on a level surface within the path of the moving door. The sensor is to be tested with the obstruction at a total of five different locations over the height of the door or gate opening. The locations shall include distances 1 in (25.4 mm) from each end, 1 ft (305 mm) from each end, and the midpoint.

    (c) The obstruction noted in paragraphs (a) and (b) of this section shall consist of a white vertical surface 6 inches (152 mm) high by 12 inches (305 mm) long. The obstruction is to be centered in the opening perpendicular to the plane of the door when in the closed position. See figure 3 of this subpart.

    (d) Sensitivity test. (1) When installed as described in § 1211.10(a)(1) through (4), a photoelectric sensor shall sense the presence of a moving object when tested according to paragraph (d)(2) of this section.

    (2) The moving object is to consist of a 17/8 inch (47.6 mm) diameter cylindrical rod, 341/2 inches (876 mm) long, with the axis point being 34 inches (864 mm) from the end. The axis point is to be fixed at a point centered directly above the beam of the photoelectric sensor 36 inches (914 mm) above the floor. The photoelectric sensor is to be mounted at the highest position as recommended by the manufacturer. The rod is to be swung as a pendulum through the photoelectric sensor's beam from a position 45 degrees from the plane of the door when in the closed position. See figure 4 of this subpart.

    (3) The test described in paragraph (d)(2) of this section is to be conducted at three points over the width of the door opening, at distances of 1 foot (305 mm) from each end and the midpoint.

    (4) When the test fixture of figure 4 of this subpart, prior to conduct of the test, interferes with the photoelectric sensor detection zone, the tests per paragraphs (d)(1) through (4) of this section may be conducted instead per paragraph (f)(4) of this section.

    (e) Ambient light test. (1) A photoelectric sensor shall operate as specified in § 1211.8(a) and (c) when subjected to ambient light impinging at an angle of 15 to 20 degrees from the axis of the beam when tested according to paragraph (e)(2) of this section and, if appropriate, paragraph (e)(3) of this section.

    (2) To determine compliance with paragraph (e)(1) of this section, a 500 watt incandescent or equivalent minimum rated, 3600K or lower color rated flood lamp is to be energized from a 120-volt, 60-hertz source. The lamp is to be positioned 5 feet from the front of the receiver and aimed directly at the sensor at an angle of 15 to 20 degrees from the axis of the beam. See figure 5 of this subpart.

    (3) If the photoelectric sensor uses a reflector, this test is to be repeated with the lamp aimed at the reflector.

    (f) Photoelectric sensor vertical arrays (1) A vertical array shall be tested as required by paragraphs (a) through (e) of this section, except as noted in paragraphs (f)(2) through (5) of this section.

    (2) The array shall comply with the Normal Operation tests specified in paragraphs (a) through (c) of this section, with the solid obstruction placed on the floor. In addition, the obstruction shall be placed at various locations over the height of the light curtain array in accordance with the light curtain coverage area per the manufacturer's instructions.

    (3) In conducting the tests specified in paragraphs (a) through (c) of this section, when the product includes a blanking function whereby the light array is located directly in-line with the path of the door travel, and the door system is intended to detect any obstruction other than one in the “next” successive position that the door is programmed to travel, the obstruction is placed at any location other than the next successive door position expected by the system.

    (4) The array shall comply with the Sensitivity Test specified in paragraph (d) of this section, except that the edge of the pendulum nearest to the array is to be located 2 in. (50.8 mm) from one side of the plane of the array, rather than directly above one photoelectric sensor pair. For vertical arrays, this test need only be conducted with the test pendulum at the vertical height indicated in paragraph (d)(2) of this section.

    (5) When conducting the Ambient Light Test specified in paragraph (e) of this section, the position of the light source shall be aligned per paragraph (e)(2) of this section based on the axis of the lowest beam or detection zone. This arrangement shall be used to determine compliance with the requirements specified in paragraph (f)(2) of this section (with the obstruction at the floor/ground level) and paragraph (f)(4) of this section, which are the only conditions for which the ambient light is required to be applied.

    11. Amend § 1211.12 by revising paragraphs (a)(1), (c)(1) and (2), and (d) to read as follows:
    § 1211.12 Requirements for edge sensors.

    (a) * * * (1) When installed on a representative residential door edge, an edge sensor shall actuate upon the application of a 15 pounds (66.7 N) or less force in the direction of the application. For an edge sensor intended to be used on a sectional door, the force is to be applied by the longitudinal edge of a 17/8 inch (47.6 mm) diameter cylinder placed across the switch so that the axis is perpendicular to the plane of the door. For an edge sensor intended to be used on a one piece door, the force is to be applied so that the axis is at an angle 30 degrees from the direction perpendicular to the plane of the door. See figure 6 of this subpart.

    (c) * * *

    (1) An elastomeric material used as a functional part of an edge sensor shall function as intended when subjected to:

    (i) Accelerated Aging Test of Gaskets, stated in paragraph (c)(3) of this section,

    (ii) Compliance to the Standard for Gaskets and Seals, UL 157, fulfills this requirement; and

    (iii) Puncture Resistance Test, stated in paragraph (d) of this section.

    (2) An elastomeric material used for a functional part that is exposed to outdoor weather conditions when the door is in the closed position shall have physical properties as specified in the table to this subpart after being conditioned in accordance with the Ultraviolet Light Exposure Test described in the Standard for Safety for Polymeric Materials—Use in Electrical Equipment Evaluations, UL 746C, Sixth Edition, dated September 10, 2004. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained online at: http://ulstandards.ul.com/. Copies may be inspected at the Consumer Product Safety Commission, Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    (d) Puncture resistance test. (1) After being subjected to the tests described in paragraph (d)(2) or (3) of this section, an elastomeric material that is a functional part of an edge sensor shall:

    (i) Not be damaged in a manner that would adversely affect the intended operation of the edge sensor, and

    (ii) Maintain enclosure integrity if it serves to reduce the likelihood of contamination of electrical contacts.

    (2) For a vertically moving door, a sample of the edge sensor is to be installed in the intended manner on a representative door edge. The probe described in figure 7 of this subpart is to be applied with a 20 pound-force (89N) to any point on the sensor that is 3 inches (76 mm) or less above the floor is to be applied in the direction specified in the Edge Sensor Normal Operation Test, figure 6 of this subpart. The test is to be repeated on three locations on each surface of the sensor being tested.

    (3) For horizontally sliding doors, sample of the edge sensor is to be installed in the intended manner on a representative door edge. The probe described in figure 7 of this subpart is to be applied with a 20 lbf (89 N) to any point on the sensor when the door is within 3 in (76 mm) of its fully open position and within 3 in (76 mm) of any stationary wall. For each type of door, the force is to be applied in the direction specified in the Edge Sensor Normal Operation Test, figure 6 of this subpart. The test is to be repeated on three locations on each surface of the sensor being tested.

    13. Revise § 1211.13 to read as follows:
    1211.13 Inherent force activated secondary door sensors.

    (a) General. (1) A force activated door sensor of a door system installed according to the installation instructions shall actuate in accordance with paragraphs (b) through (f) of this section, which are to be conducted in sequence on a single system sample, except for the separate test sequences of paragraph (a)(2) of this section.

    (2) The system shall actuate with the maximum and minimum specifications of the door, operator, and hardware.

    (3) Tests conducted per paragraphs (b) through (f) of this section shall be performed with the force exerted by a drive adjusted to its highest value if the force can be adjusted by the user during use or user maintenance.

    (4) The test cylinder referred to in paragraph (b)(7) of this section shall be a 1-7/8 in (47.6 mm) diameter cylinder placed under the door so that the axis is perpendicular to the plane of the door. See figure 6 of this subpart.

    (5) The measuring device referred to in paragraph (b)(1) of this section shall:

    (i) Have an accuracy of ±1%;

    (ii) Have a rise and fall time not exceeding 5 ms;

    (iii) Have the equivalence of a spring constant of 2855 lb/in ±285 lb/in (500 N/mm, ±50 N/mm);

    (iv) Be placed on a rigid, level surface; and

    (v) Have a rigid plate with a diameter of 3.1 in (80 mm).

    (vi) See paragraph (a)(6) of this section for test equipment alternatives for force measurements at 1 ft (305 mm) or greater for the tests conducted per paragraphs (b) and (d) of this section.

    (6) With regard to the alternative test equipment referred to in paragraph (a)(5)(vi) of this section, the test device described in paragraph (b)(5) of this section for force measurements at 1 foot (305 mm) or greater shall be:

    (i) A spring constant means such as specified in paragraph (a)(5) of this section;

    (ii) A gravity based weight displacing means that suspends a weight off its supporting surface upon exceeding 15 lbf (67 N) such as the example shown in figures 8 through 10 of this subpart if the equipment described in paragraph (a)(5) of this section is applied before the tests specified in paragraph (c) of this section and after the tests specified in paragraph (d) of this section at the 1 ft (305 mm) height specified in paragraph (b)(6) of this section; or

    (iii) The equivalent requirements of paragraphs (a)(6)(i) or (ii) of this section.

    (7) The cycles specified in paragraph (d) of this section are not required to be consecutive. Continuous operation of the motor without cooling is not required.

    (b) Closing force test. (1) The door shall stop and reverse within 2 seconds after contacting the obstruction. The door shall apply the following forces at the locations noted in paragraph (b)(2) of this section:

    (i) 90 lbf (400 N) or less average during the first 0.75 seconds after 15 lbf (67 N) is exceeded from initial impact; and

    (ii) 15 lbf (67 N) or less from 0.75 seconds after 15 lbf (67 N) is exceeded from initial impact until the door reverses.

    (2) The test referred to in paragraph (b)(1) of this section shall be conducted at the following test height and locations along the edge of the door:

    (i) The center point, at a height of 2 in (50.8) from the floor;

    (ii) Within 1 ft (305 mm) of the end of the door, at a height of 2 in (50.8) from the floor; and

    (iii) Within 1 ft (305 mm) of the other end of the door, at a height of 2 in (50.8) from the floor.

    (3) The maximum force specified in paragraph (b)(1) of this section shall be tested by the door applying a force against the longitudinal edge of the test cylinder described in paragraph (a)(4) of this section.

    (4) The equipment used to measure force for the test described in paragraph (b)(1) of this section shall be in accordance with the requirements of paragraph (a)(5) of this section.

    (5) The door shall stop and reverse within 2 seconds after contacting the obstruction. The door shall apply a load of 15 lbf (67 N) or less in the closing direction along the path of door travel at the locations noted in paragraph (b)(6) of this section.

    (6) The test described in paragraph (b)(5) of this section shall be conducted at the following points along the edge of the door:

    (i) At the center at heights of 1 ft, 3 ft, and 5 ft (305 mm, 914 mm and 1.52 m) from the floor;

    (ii) Within 1 ft (305 mm) of the end of the door, at heights of 1 ft, 3 ft, and 5 ft from the floor; and

    (iii) Within 1 ft of the other end of the door at heights of 1 ft, 3 ft, and 5 ft from the floor.

    (7) The maximum force described in paragraph (b)(5) of this section shall be tested by the door applying a force against the longitudinal edge of the test cylinder as described in paragraph (a)(4) of this section.

    (8) The equipment used to measure forces for the test described in paragraph (b)(1) of this section shall be in accordance with the requirements of paragraph (a)(5) or (6) of this section.

    (c) Opening force test. (1) The door shall stop within 2 seconds after a weight of 44 lb (20 kg) is applied to the door.

    (2) The test described in paragraph (c)(1) of this section shall be conducted with the door starting from the fully closed position and at heights of approximately 1 ft, 3 ft, and 5 ft (305 mm, 914 mm and 1.52 m) from the floor.

    (3) Test weight(s) shall be applied to sections of the door that are vertical in the initial stopped position for each test height prior to operator activation.

    (d) Fifty cycle test. (1) With the door(s) at the test point(s) determined by the tests described in paragraphs (b) and (c) of this section to be most severe with respect to both reversal time and force, the door system shall function as intended after 50 cycles of operation. After the last cycle, the system shall complete one additional cycle of opening the door to its fully open condition and closing the door to its fully closed position.

    (2) The tests described in paragraphs (b) and (c) of this section shall be repeated upon completion of cycling test.

    (e) Adjustment of door weight. At the point determined by the test described in paragraph (b)(5) of this section to be the most severe, weight is to be added to the door in 5.0 pound (2.26 Kg) increments and the tests of paragraphs (b) and (c) of this section are to be repeated until a total of 15.0 pounds (66.72 N) has been added to the door. Before performing each test cycle, the door is to be cycled 2 times to update the profile. Similarly, starting from normal weight plus 15.0 pounds, the tests described in paragraphs (b) and (c) of this section are to be repeated by subtracting weight in 5.0 pound increments until a total of 15.0 pounds has been subtracted from the door.

    (f) Obstruction test. For a door traveling in the downward direction, when an inherent secondary entrapment protection device senses an obstruction and initiates a reversal, any control activation shall not move the door downward until the operator reverses the door a minimum of 2 inches (50.8 mm). The test is to be performed as described in § 1211.7(b)(3)(iii). The system may be initially manually re-profiled for the purpose of this test.

    §§ 1211.14 through 1211.17 [Redesignated as §§ 1211.16 through 1211.19]
    13. Redesignate §§ 1211.14 through 1211.17 as §§ 1211.16 through 1211.19 respectively. 14. Add new § 1211.14 to read as follows:
    § 1211.14 Unattended operation requirements.

    (a) General requirements. (1) A residential garage door operator or system may permit unattended operation to close a garage door, provided the operator system complies with the additional requirements of paragraphs (b) through (e) of this section.

    (2) Unattended operation shall not be permitted on one-piece garage doors or swinging garage doors. An operator intended for use with both sectional doors and one-piece or swinging doors that have an unattended operation close feature shall identify that the unattended operation closing feature is only permitted to be enabled when installed with a sectional door by complying with:

    (i) The installation instructions stated in § 1211.16(b)(1)(ii);

    (ii) The markings specified in § 1211.17(h); and

    (iii) The carton markings specified in § 1211.18(m) when the carton references the unattended operation close feature.

    (b) Operator system. The operator system shall require one or more intentional actions to enable unattended operation, such as setting a power head switch or wall-control switch. For an accessory requiring installation and set-up in order to enable unattended operation, the installation and set-up may be considered satisfying this requirement.

    (c) Alarm signal. (1) The operator system shall provide an audible and visual alarm signal.

    (2) The alarm shall signal for a minimum of 5 seconds before any unattended closing door movement.

    (3) The audible signal shall be heard within the confines of a garage. The audio alarm signals for the alarm specified in paragraph (c)(1) of this section shall be generated by devices such as bells, horns, sirens, or buzzers. The signal shall have a frequency in the range of 700 to 3400 Hz, either a cycle of the sound level pulsations of 4 to 5 per second or one continuous tone, a sound level at least 45 dB 10 ft (305 cm) in front of the device over the voltage range of operation.

    (4) The visual alarm signal described in paragraph (c)(1) of this section shall be visible within the confines of a garage using a flashing light bulb of at least 40 watt incandescent or 360 lumens.

    (d) Controls. (1) During the pre-motion signaling period defined in paragraph (c)(2) of this section, activation of any user door control (e.g., wall control, wireless remote, keypad) shall prevent the pending unattended door movement. Door movement resulting from activation of a user door control is not prohibited.

    (2) Upon activation of a user door control during unattended door movement, the door shall stop, and may reverse the door on the closing cycle. On the opening cycle, activation of a user door control shall stop the door but not reverse it.

    (3) If an unattended door travelling in the closing direction is stopped and reversed by an entrapment protection device, the operator system shall be permitted one additional unattended operation attempt to close the door.

    (4) After two attempts per paragraph (d)(3) of this section, the operator system shall suspend unattended operation. The operator system shall require a renewed, intended input, via user door control (e.g., wall control wireless remote, keypad) other than the unattended activation device, prior to re-enabling unattended operation.

    (e) Entrapment protection. For a moving door, entrapment protection shall comply with §§ 1211.7 and 1211.8.

    15. Add new § 1211.15 to read as follows:
    § 1211.15 Vertically moving combination rigid one-piece overhead residential garage door and operator system.

    (a) A vertically moving combination rigid one-piece overhead residential garage door and operator system shall comply with the applicable residential garage door operator requirements in this standard and shall additionally comply with the following:

    (1) The speed of the door edge during the opening or closing motion shall not exceed 6 in (152 mm) per second.

    (2) The system shall be supplied with two additional independent secondary entrapment protection devices complying with Secondary Entrapment Protection, § 1211.8. When photoelectric sensors are used, a minimum of two sensors in addition to a third secondary device shall be supplied. The instructions shall state that one photoelectric sensor shall be positioned to comply with § 1211.11 and the other(s) shall be positioned on the left and right sides of the door to detect solid objects that would be within the space where the door moves as it opens or closes.

    (3) A means to manually detach both door operators from the door shall be provided. For systems where the mechanical drive is located on a wall adjacent to the door, the manual detachment means is not required to comply with § 1211.9(a). Instead, the manual detachment means shall be located 5 ft (1.52 m) above the floor, shall not require a torque of more than 5 ft-lb (6.78 N-m) to initiate disconnection when the door is obstructed, and shall be clearly marked with operating instructions adjacent to the mechanism. The gripping surface (handle) shall be colored red and shall be distinguishable from the rest of the operator. The marking which includes instructions for detaching the operator shall be provided in accordance with § 1211.17(a), (b), and (j) as applicable.

    (4) A means (interlock) shall be supplied to de-energize the operator whenever the operator is manually detached from the door.

    (5) A means (interlock) shall be supplied to de-energize the operator whenever an operable window or access (service) door that is mounted in the garage door is opened perpendicular to the surface of the garage door.

    (6) The door shall not move outward from the exterior wall surface during the opening or closing cycle.

    (7) The moving parts of the door or door system (mounting hardware, track assembly, and components that make up the door) shall be guarded.

    (8) A horizontal track assembly, including installation hardware, shall support a dead load equal to the door weight when the door is in the horizontal position.

    (9) Instructions for the installation of operable windows and access (service) doors and the interlocks specified in paragraph (a)(5) of this section shall be supplied with the operator.

    (b) [Reserved]

    16. Revise newly designated § 1211.16 to read as follows:
    § 1211.16 Instruction manual.

    (a) General. (1) A residential garage door operator shall be provided with an instruction manual. The instruction manual shall give complete instructions for the installation, operation, and user maintenance of the operator.

    (2) Instructions that clearly detail installation and adjustment procedures required to effect proper operation of the safety means provided shall be provided with each door operator.

    (3) A residential garage door or door operator shall be provided with complete and specific instructions for the correct adjustment of the control mechanism and the need for periodic checking and, if needed, adjustment of the control mechanism so as to maintain satisfactory operation of the door.

    (4) The instruction manual shall include the important instructions specified in paragraphs (b)(1) and (2) of this section. All required text shall be legible and contrast with the background. Upper case letters of required text shall be no less than 5/64 inch (2.0 mm) high and lower case letters shall be no less than 1/16 inch (1.6 mm) high. Heading such as “Important Installation Instructions,” “Important Safety Instructions,” “Save These Instructions” and the words “Warning—To reduce the risk of severe injury or death to persons:” shall be in letters no less than 3/16 inch (4.8 mm) high.

    (5) The instructions listed in paragraphs (b)(1) and (2) of this section shall be in the exact words specified or shall be in equally definitive terminology to those specified. No substitutes shall be used for the word “Warning.” The items may be numbered. The first and last items specified in paragraph (b)(2) of this section shall be first and last respectively. Other important and precautionary items considered appropriate by the manufacturer may be inserted.

    (6) The instructions listed in paragraph (b)(1) of this section shall be located immediately prior to the installation instructions. The instructions listed in paragraph (b)(2) of this section shall be located immediately prior to user operation and maintenance instructions. In each case, the instructions shall be separate in format from other detailed instructions related to installation, operation and maintenance of the operator. All instructions, except installation instructions, shall be a permanent part of the manual(s).

    (7) For an operator or system provided with an external entrapment protection device requiring a non-rechargeable battery, instructions shall be provided with the operator and/or the device for:

    (i) The rating, size, number, and type of battery(s) to be used; and

    (ii) The proper insertion, polarity, orientation, and replacement of the battery(s).

    (8) For an operator or system provided with an external entrapment protection device or system utilizing wireless control, instructions shall be provided with the operator and/or the device for:

    (i) The proper method of configuring and initializing the wireless communication link between device and operator;

    (ii) The proper orientation, antenna positioning, and mounting location with regard to maintaining communication link between device and operator;

    (iii) The maximum range at which the wireless device will operate; and

    (iv) The proper location of the device where the transmission of the signals are not obstructed or impeded by building structures, natural landscaping or similar obstruction.

    (9) When provided with a detachable supply cord, the operator instructions shall contain complete details concerning proper selection of the power supply cord replacement.

    (10) The installation, operation, and maintenance instructions may be provided in electronic read-only media format only, such as CD-ROM, USB flash drive, or company Web site, if the following instructions are additionally provided with the operator in an instruction sheet, manual, booklet, or similar printed material:

    (i) Residential garage doors and door operators, instructions of this section, as applicable.

    (ii) [Reserved]

    (11) The printed instruction material referenced in this section shall contain detailed instructions of how to obtain a printed copy of the material contained in electronic format.

    (12) All printed instruction material referenced in this section shall also be provided in the electronic read-only media format.

    (13) Instructions of a combination sectional overhead garage door operator system shall specify:

    (i) The operator by manufacturer and model;

    (ii) The door(s) by manufacturer(s), model(s), and maximum and minimum door width and height required for compliance to § 1211.6(a) and (c); and

    (iii) Hardware required for compliance to § 1211.6(a) and (c).

    (14) Installation and maintenance instructions of a combination sectional overhead garage door operator system shall indicate how to properly counter-balance the door.

    (b) Specific required instructions for residential garage door operators and systems.

    (1)(i) The Installation Instructions shall include the following instructions:

    Important Installation Instructions

    Warning—To reduce the risk of severe injury or death:

    1. Read and follow all Installation Instructions.

    2. Install only a properly balanced garage door. An improperly balanced door could cause severe injury. Have a qualified service person make repairs to cables, spring assemblies and other hardware before installing opener.

    3. Remove all ropes and remove or make inoperative all locks connected to the garage door before installing opener.

    4. Where possible, install door opener 7 feet or more above the floor. For products requiring an emergency release, mount the emergency release within reach, but at least 6 feet above the floor and avoiding contact with vehicles to avoid accidental release.

    5. Do not connect opener to source of power until instructed to do so.

    6. Locate control button: (a) within sight of door, (b) at a minimum height of 5 feet so small children cannot reach it, and (c) away from all moving parts of the door.

    7. Install Entrapment Warning Label next to the control button in a prominent location. Install the Emergency Release Marking. Attach the marking on or next to the emergency release.

    8. After installing opener, the door must reverse when it contacts a 11/2 inch high object (or a 2 by 4 board laid flat) on the floor.

    9. For horizontally sliding doors, Item 2 shall be replaced with “Have a qualified service person make repairs and hardware adjustments before installing the opener.”

    (ii) In accordance with § 1211.14(a)(2), the installation instructions in paragraph (b)(1) of this section for a residential garage door operator intended for use with both sectional and one-piece door that has an unattended operation close feature shall comply with paragraph (b)(1) of this section and include:

    “WARNING: To reduce the risk of injury to persons—Only enable [+] feature when installed with a sectional door,” where + is the unattended operation function.

    (iii) Exception: For operators that automatically sense one piece door operation, the warning in paragraph (b)(1)(ii) of this section is not required.

    (iv) For residential garage door operators that do not have permanent connection of the wiring system, the installation instructions shall include the following or equivalent text: “This operator not equipped for permanent wiring. Contact licensed electrician to install a suitable receptacle if one is not available.”

    (2) The User Instructions shall include the following instructions:

    Important Safety Instructions

    Warning—To reduce the risk of severe injury or death:

    1. Read and follow all instructions.

    2. Never let children operate, or play with door controls. Keep the remote control away from children.

    3. Always keep the moving door in sight and away from people and objects until it is completely closed. No one should cross the path of the moving door.

    4. NEVER GO UNDER A STOPPED PARTIALLY OPEN DOOR.

    5. Test door opener monthly. The garage door MUST reverse on contact with a 11/2 inch object (or a 2 by 4 board laid flat) on the floor. After adjusting either the force or the limit of travel, retest the door opener. Failure to adjust the opener properly may cause severe injury or death.

    6. For products requiring an emergency release, if possible, use the emergency release only when the door is closed. Use caution when using this release with the door open. Weak or broken springs may allow the door to fall rapidly, causing injury or death.

    7. Keep garage door properly balanced. See users's manual. An improperly balanced door could cause severe injury or death. Have a qualified service person make repairs to cables, spring assemblies and other hardware.

    8. For operator systems equipped with an unattended operation feature, the following statement shall be included: “This operator system is equipped with an unattended operation feature. The door could move unexpectedly. NO ONE SHOULD CROSS THE PATH OF THE MOVING DOOR.”

    9. Save these Instructions.

    10. For horizontally moving doors, Item 4 shall be replaced with “NEVER GO THROUGH A STOPPED, PARTIALLY OPEN DOOR”.

    11. For horizontally moving doors, Item 6 is not required.

    12. For horizontally moving doors, Item 7 shall be replaced with “Have a qualified service person make repairs and hardware adjustments before installing the opener.”

    13. The installation instructions provided with a combination rigid one-piece overhead residential garage door and operator system shall specify the locations where attachments to the horizontal track shall be made for the purpose of supporting the track.

    17. Amend newly designated § 1211.17 by: a. Adding paragraph (g)(2)(v); b. Redesignating paragraphs (h) and (i) as paragraphs (i) and (j) respectively; c. Adding new paragraph (h); and d. Adding paragraphs (k) through (m).

    The revisions and additions read as follows:

    § 1211.17 Field-installed labels.

    (g) * * *

    (2) * * *

    (v) For products equipped with an unattended operation feature, the instructions shall include the following: “This operator system is equipped with an unattended operation feature. The door could move unexpectedly.”

    (h)(i) The instructions of a residential garage door operator intended for use with both sectional doors and either one-piece or swinging doors and are provided with an unattended operation feature shall comply with paragraph (g) of this section and include the following under the avoidance statements of paragraph (g)(2) of this section:

    “Only enable [+] feature when installed with a sectional door.”, or equivalent, where + is the unattended operation closing function.

    (ii) For operators that automatically sense one piece door operation, this warning is not required.

    (k) Both the operator and the door that comprise a combination sectional overhead garage door operator system shall be provided with permanent labels. The labels shall contain the following statement or the equivalent: “WARNING: THIS OPERATOR AND DOOR FUNCTION AS A SYSTEM. IF EITHER THE DOOR OR THE HARDWARE MUST BE REPLACED, THE REPLACEMENT DOOR OR HARDWARE MUST BE IDENTICAL TO THE ORIGINAL EQUIPMENT WITH RESPECT TO MANUFACTURER AND MODEL TO MAINTAIN THE SAFETY OF THE SYSTEM. SEE INSTRUCTION MANUAL.” The marking shall be visible to the user after installation without the need to remove any covers.

    (l) A label specified in paragraph (m) of this section when intended to be affixed during installation shall:

    (1) Be provided with the operator or door assembly; and

    (2) Have installation instructions of how and where to install the label so that it is visible to the user after installation.

    (m) The operator of a combination sectional overhead garage door operator system shall be provided with a permanent marking that contains the following statement or the equivalent: “NO USER SERVICEABLE PARTS INSIDE.”

    18. Amend newly designated § 1211.18 by: a. Revising paragraphs (b)(3) and (c); b. Redesignating paragraphs (f) through (k) as paragraphs (g) through (l); c. Adding new paragraph (f); d. Revise newly redesignated paragraphs (i), (j), and (k); and d. Adding paragraphs (m) and (n). The revisions and additions read as follows:
    § 1211.18 UL marking requirements.

    (b)* * *

    (3) The voltage, frequency, and input in amperes, VA, or watts. The ampere or VA rating shall be included unless the full-load power factor is 80 percent or more, or, for a cord-connected appliance, unless the rating is 50 W or less. The number of phases shall be indicated when an appliance is for use on a polyphase circuit; and

    (c) The date code repetition cycle shall not be less than 20 years.

    (f) Exception No 3: The input in amperes or watts may be shown as part of the motor nameplate, if the appliance employs a single motor, the nameplate is readily visible after the appliance has been installed.

    (i) For products with user adjustments, a residential garage door operator shall be marked with the word “WARNING” and the following or equivalent, “Risk of entrapment. After adjusting either the force or limits of travel adjustments, insure that the door reverses on a 11/2 inch (or a 2 by 4 board laid flat) high obstruction on the floor.” This marking shall be located where visible to the user when making the adjustments.

    (j) For a separately supplied accessory, including external entrapment protection device, the instructions, packaging, or marking on the product shall indicate the accessory manufacturer's name and or model number and the type of appliance or appliances with which it is intended to be used—such as a residential garage door operator. Additionally, installation instructions, accompanying specifications sheet, or packaging of the accessory shall identify the appliance or appliances with which it is intended to be used by specifying the manufacturer's name and catalog or model number or by any other positive means to serve the identification purpose.

    (k) An appliance provided with terminals or connectors for connection of a separately supplied accessory, such as an external entrapment protection device or system, shall be marked to identify the accessory intended to be connected to the terminals or connectors. The accessory identification shall be by manufacturer's name and catalog or model number or other means to allow for the identification of accessories intended for use with the appliance.

    (m)(i) A residential garage door operator intended for use with both sectional and one-piece or swinging door that has an unattended operation close feature indicating the function in the carton markings shall include the following carton marking:

    “WARNING: To reduce the risk of injury to persons—Only enable [+] feature when installed with sectional door,” where + is the unattended operation closing function.

    (ii) Exception: For operators that automatically sense one piece door operation, this warning is not required.

    (n) A residential garage door operator is not required to be provided with permanent wiring systems when marked with the following or equivalent text: “This operator not equipped for permanent wiring. Contact licensed electrician to install a suitable receptacle if one is not available.” This marking is to be placed adjacent to the power cord entry.

    19. Amend newly designated § 1211.19 by revising paragraph (b) to read as follows:
    § 1211.19 Statutory labeling requirement.

    (b) The display of the UL logo or listing mark, and compliance with the date marking requirements stated in § 1211.18 of this subpart, on both the container and the system, shall satisfy the requirements of this subpart.

    Figures 1 Through 10 and Table to Subpart A of Part 1211—[Added]
    20. Add figures 1 through 10 to subpart A and the table to subpart A to the end of subpart A to part 1211, and add the headings to the table of contents under subpart A of part 1211 to read as follows: BILLING CODE 6355-01-P EP02SE15.002 EP02SE15.003 EP02SE15.004 EP02SE15.005 EP02SE15.006 EP02SE15.007 EP02SE15.008 Table to Subpart A of Part 1211—Physical Properties of Gasket-Accelerated Aging Test EP02SE15.009 Dated: August 25, 2015. Todd A. Stevenson, Secretary, Consumer Product Safety Commission.
    [FR Doc. 2015-21340 Filed 9-1-15; 8:45 am] BILLING CODE 6355-01-C
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-155164-09] RIN 1545-BJ48 United States Property Held by Controlled Foreign Corporations in Transactions Involving Partnerships; Rents and Royalties Derived in the Active Conduct of a Trade or Business AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice of proposed rulemaking; notice of proposed rulemaking by cross-reference to temporary regulation.

    SUMMARY:

    This document contains proposed regulations that provide rules regarding the treatment as United States property of property held by a controlled foreign corporation (CFC) in connection with certain transactions involving partnerships. In addition, in the Rules and Regulations section of this issue of the Federal Register, the Department of Treasury (Treasury Department) and the IRS are issuing temporary regulations under sections 954 and 956, the text of which also serves as the text of certain provisions of these proposed regulations. The proposed regulations affect United States shareholders of CFCs.

    DATES:

    Written or electronic comments and requests for a public hearing must be received by December 1, 2015.

    ADDRESSES:

    Send submissions to: CC:PA:LPD:PR (REG-155164-09), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-155164-09), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at http://www.regulations.gov (IRS REG-155164-09).

    FOR FURTHER INFORMATION CONTACT:

    Concerning the proposed regulations, Rose E. Jenkins, (202) 317-6934; concerning submissions of comments or requests for a public hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers).

    SUPPLEMENTARY INFORMATION:

    Background

    This document contains proposed amendments to 26 CFR part 1 under section 956. Section 956 determines the amount that a United States shareholder (as defined in section 951(b)) of a CFC must include in gross income with respect to the CFC under section 951(a)(1)(B). This amount is determined, in part, based on the average amount of United States property held, directly or indirectly, by the CFC at the close of each quarter during its taxable year. For this purpose, in general, the amount taken into account with respect to any United States property is the adjusted basis of the property, reduced by any liability to which the property is subject. See section 956(a) and § 1.956-1(e).

    Section 956(e) grants the Secretary authority to prescribe such regulations as may be necessary to carry out the purposes of section 956, including regulations to prevent the avoidance of section 956 through reorganizations or otherwise. In addition, section 956(d) grants the Secretary authority to prescribe regulations pursuant to which a CFC that is a pledgor or guarantor of an obligation of a United States person is considered to hold the obligation.

    The current regulations under section 956 do not specifically address when the obligations of a foreign partnership will be treated as United States property. The preamble to proposed regulations under section 954(i) (REG-106418-05), published in the Federal Register on January 17, 2006 (71 FR 2496), requested comments regarding the application of section 956 to loans made by a CFC to a foreign partnership in which one or more partners are United States shareholders of the CFC. After considering the comments received, the Treasury Department and the IRS have determined to issue these regulations that propose new rules concerning the treatment of obligations of, and United States property held by, a foreign partnership for purposes of section 956.

    The temporary regulations in the Rules and Regulations section of this issue of the Federal Register amend the Income Tax Regulations (26 CFR part 1) relating to sections 954 and 956. The text of the temporary regulations also serves as the text of certain provisions of the proposed regulations herein. The preamble to the temporary regulations explains the temporary regulations and the corresponding proposed regulations.

    Explanation of Provisions 1. Obligations of Foreign Partnerships A. General Rule

    Comments received in response to the request for comments in the preamble to the proposed regulations under section 954(i) recommended that the general rule under section 956 should treat an obligation of a foreign partnership held by a CFC as an obligation of a foreign person, rather than as an obligation of its partners, including any partners that are United States persons. Those comments noted that the inclusion of a domestic partnership in the definition of a United States person in section 7701 causes an obligation of a domestic partnership to be treated as an obligation of a United States person for purposes of section 956. Based on that observation, the comments asserted that section 956 implicitly treats both domestic and foreign partnerships as entities, rather than as aggregates of their partners, for purposes of determining whether an obligation of a partnership is United States property, such that an obligation of a foreign partnership with one or more partners that are United States persons should not be treated as an obligation of a United States person for purposes of section 956. The comments further stated that a general rule that treated an obligation of a foreign partnership as an obligation of a foreign person, rather than a United States person, would be consistent with the purposes of section 956.

    The definition of United States person in section 7701(a)(30) includes a domestic partnership, such that an obligation of a domestic partnership generally is an obligation of a United States person for purposes of section 956. In contrast, section 7701 contains no corresponding definition of foreign person that includes a foreign partnership, nor any residual definition treating a person that is not a United States person as a foreign person. Moreover, section 956 does not address the status of an obligation of a foreign partnership as an obligation of a United States person or as United States property. Section 956(e), however, provides that the Secretary shall prescribe such regulations as may be necessary to carry out the purposes of section 956, including regulations to prevent the avoidance of section 956. Additionally, the Code and Regulations alternately treat partnerships either as aggregates of their partners or as entities, depending on the context and relevant policy considerations. For example, current law under section 956 employs both approaches with regard to domestic partnerships, applying an aggregate approach with respect to United States property held through a domestic partnership and an entity approach with respect to the obligations of a domestic partnership.

    Section 956 is intended to prevent a United States shareholder of a CFC from inappropriately deferring U.S. taxation of CFC earnings and profits by “prevent[ing] the repatriation of income to the United States in a manner which does not subject it to U.S. taxation.” H.R. Rep. No. 87-1447, 87th Cong., 2d Sess., at 58 (1962). In the absence of section 956, a United States shareholder of a CFC could access the CFC's funds (untaxed earnings and profits) in a variety of ways other than by the payment of an actual taxable dividend, such that there would be no reason for the United States shareholder to incur the dividend tax. Section 956 ensures that, to the extent CFC earnings are made available for use in the United States or for use by the United States shareholder, the United States shareholder of the CFC is subject to current U.S. taxation with respect to such amounts. Accordingly, under section 956, the investment by a CFC of its earnings and profits in United States property is “taxed to the [CFC's] shareholders on the grounds that this is substantially the equivalent of a dividend.” S. Rep. No. 87-1881, 87th Cong., 2d Sess., at 88 (1962).

    The Treasury Department and the IRS have determined that failing to treat an obligation of a foreign partnership as an obligation of its partners could allow deferral of U.S. taxation of CFC earnings and profits in a manner inconsistent with the purposes of section 956. When a United States shareholder can conduct operations through a foreign partnership using deferred CFC earnings, those earnings effectively have been made available to the United States shareholder. Additionally, because assets of a partnership generally are available to the partners without additional U.S. tax, a United States shareholder potentially could directly access deferred CFC earnings lent to a foreign partnership in which the United States shareholder is a partner without those earnings becoming subject to current U.S. tax by causing the partnership to make a distribution.

    In light of these considerations, these proposed regulations treat an obligation of a foreign partnership as an obligation of its partners for purposes of section 956, subject to the exception described in Part I.B of this preamble for obligations of foreign partnerships in which neither the lending CFC nor any person related to the lending CFC is a partner. More specifically, proposed § 1.956-4(c)(1) generally treats an obligation of a foreign partnership as an obligation of the partners to the extent of each partner's share of the obligation as determined in accordance with the partner's interest in partnership profits. The Treasury Department and the IRS have considered various methods for determining a partner's share of a partnership obligation, including the regulations under section 752 for determining a partner's share of partnership liabilities, the partner's liquidation value percentage (discussed in Part 3 of this preamble), and the partner's interest in partnership profits. Using the partner's interest in partnership profits to determine a partner's share of a partnership obligation is consistent with the observation that, to the extent the proceeds of a partnership borrowing are used by the partnership to invest in profit-generating activities, partners in the partnership (including service partners with limited or no partnership capital) will benefit from the partnership obligation to the extent of their interests in the partnership profits. Taking this into account along with considerations of administrability, the Treasury Department and the IRS believe that it is appropriate to determine a partner's share of a foreign partnership's obligation in accordance with the partner's interest in partnership profits. However, the Treasury Department and the IRS solicit comments on whether the liquidation value percentage method or another method would be a more appropriate basis for determining a partner's share of a foreign partnership's obligation.

    The determination of a partner's share of the obligation will be made as of the close of each quarter of the CFC's taxable year in connection with the calculation of the amount of United States property held by the CFC for purposes of section 956(a)(1)(B). Thus, for example, if a partner in a foreign partnership is a United States shareholder of a CFC, an obligation of the partnership that is held by the CFC will be treated as United States property (subject to the exception described in Part 1.B of this preamble for obligations of foreign partnerships in which neither the lending CFC nor any person related to the lending CFC is a partner) to the extent of the United States shareholder partner's share of the obligation as determined in accordance with the partner's interest in partnership profits as of the close of each quarter of the CFC's taxable year.

    The general rule in proposed § 1.956-4(c)(1) also applies to determine the extent to which a CFC guarantees or otherwise supports an obligation of a related United States person when the related United States person is a partner in a foreign partnership that incurred the obligation that is the subject of the CFC's credit enhancement. Likewise, if a CFC is a partner in a foreign partnership that owns property that would be United States property if held by the CFC, and the property is subject to a liability that would constitute a specific charge within the meaning of § 1.956-1(e)(1), the CFC's share of the liability, as determined under proposed § 1.956-4(c)(1), would be treated as a specific charge that, under § 1.956-1(e)(1), could reduce the amount taken into account by the CFC in determining the amount of its share of the United States property, as determined under proposed § 1.956-4(b).

    One commenter asserted that if a United States shareholder of a CFC is a partner in a foreign partnership and is treated as having an inclusion under section 956 when the CFC makes a loan to the partnership, as can occur under these proposed regulations, and that partner later receives an actual distribution from the partnership, the partner could have an inappropriate second inclusion when it is deemed to receive a distribution from the partnership upon the partnership's repayment of the loan. The second inclusion in this fact pattern could arise under subchapter K to the extent the partner is required to reduce its basis in its partnership interest under section 733 on the actual distribution and again reduce its basis as a result of a deemed distribution under section 752(b) when its share of the loan is repaid. If the distributions exceed the partner's basis in its partnership, including the increase to basis under section 752(a) when the partnership originally undertook the obligation, the partner could recognize gain under section 731. The commenter suggested that having inclusions under both section 956 and subchapter K in this fact pattern is inappropriate and that changes should be made to the subchapter K rules to prevent this result.

    The Treasury Department and the IRS have determined that these proposed regulations and the existing rules under subchapter K and section 959 provide the appropriate result in the fact pattern described in the comment. The potential for gain under subchapter K in the fact pattern exists regardless of the application of section 956. The required inclusion under these proposed regulations to the extent a CFC is treated as holding an obligation of a United States person reflects policy considerations distinct from the policy considerations underlying the potential results under subchapter K. Moreover, in the fact pattern, the United States property held by the CFC in connection with its loan to the partnership generates previously taxed earnings and profits described in section 959(c)(1)(A) that, in general, are available for distribution by the CFC to its United States shareholder without further U.S. tax on the distributed amount. Accordingly, these proposed regulations do not include rules under subchapter K to address this comment.

    B. Exception for Obligations of Partnerships in Which Neither the Lending CFC Nor Any Person Related to the Lending CFC Is a Partner

    The Treasury Department and the IRS have determined that certain obligations of foreign partnerships should not be treated as United States property. Under section 956(c)(2)(L), obligations of a domestic partnership are excluded from the definition of United States property if neither the CFC nor any related person (as defined in section 954(d)(3)) is a partner in the domestic partnership immediately after the acquisition by the CFC of any obligation of the partnership. The Treasury Department and the IRS have determined that the policy considerations underlying this rule are also relevant for comparable foreign partnerships. See H.R. Conf. Rep. No. 108-755, 108th Cong., 2d Sess., at 391 (2004); H.R. Rep. No. 108-548, 108th Cong., 2d Sess., at 198 (2004); S. Rep. No 108-192, 108th Cong., 1st Sess., at 46 (2003). Accordingly, proposed § 1.956-4(c)(2) provides that an obligation of a foreign partnership is treated as an obligation of the foreign partnership (and not as an obligation of its partners) for purposes of determining whether a CFC holds United States property if neither the CFC nor any person related to the CFC (within the meaning of section 954(d)(3)) is a partner in the partnership.

    C. Special Obligor Rule in the Case of Certain Distributions

    The proposed regulations include a special rule that increases the amount of a foreign partnership obligation that is treated as United States property under the general rule when the following requirements are satisfied: (i) a CFC lends funds (or guarantees a loan) to a foreign partnership whose obligation is, in whole or in part, United States property with respect to the CFC pursuant to proposed § 1.956-4(c)(1); (ii) the partnership distributes the proceeds to a partner that is related to the CFC (within the meaning of section 954(d)(3)) and whose obligation would be United States property if held by the CFC; (iii) the foreign partnership would not have made the distribution but for a funding of the partnership through an obligation held (or treated as held) by the CFC; and (iv) the distribution exceeds the partner's share of the partnership obligation as determined in accordance with the partner's interest in partnership profits. When these requirements are satisfied, proposed § 1.956-4(c)(3) provides that the amount of the partnership obligation that is treated as an obligation of the distributee partner (and thus as United States property held by the CFC) is the lesser of the amount of the distribution that would not have been made but for the funding of the partnership and the amount of the partnership obligation. For example, assume a United States shareholder of a CFC that is related to the CFC within the meaning of section 954(d)(3) has a 60 percent interest in the profits of a foreign partnership and the CFC lends $100 to the partnership. If the partnership, in turn, distributes $100 to the United States shareholder in a distribution that would not have been made but for the funding by the CFC, the CFC will be treated as holding United States property in the amount of $100.

    Section 1.956-1T(b)(5) of the temporary regulations published elsewhere in the Rules and Regulations section of this issue of the Federal Register under section 956 also addresses the funded distribution fact pattern discussed above. That temporary rule also provides that the obligation of the foreign partnership is treated as an obligation of the distributee partner when similar conditions are satisfied. The Treasury Department and the IRS expect to withdraw § 1.956-1T(b)(5) as unnecessary when proposed § 1.956-4(c), including § 1.956-4(c)(3), is adopted as a final regulation.

    2. Pledges and Guarantees

    Existing § 1.956-2(c)(1) provides that, subject to an exception, any obligation of a United States person with respect to which a CFC is a pledgor or guarantor is considered for purposes of section 956 to be United States property held by the CFC. In order to better align the regulations with the statutory text of section 956(d), these regulations propose to revise § 1.956-2(c)(1) to clarify that a CFC that is a pledgor or guarantor of an obligation of a United States person is treated as holding the obligation. Accordingly, under the proposed rule, the general exceptions to the definition of United States property would apply to the obligation treated as held by the CFC.

    A. Pledges and Guarantees of Foreign Partnership Obligations by CFCs

    These proposed regulations provide that the pledge and guarantee rules under § 1.956-2(c) apply to a CFC that directly or indirectly guarantees an obligation of a foreign partnership that is treated as an obligation of a United States person under proposed § 1.956-4(c). Accordingly, if an obligation of a foreign partnership is treated as an obligation of a United States person pursuant to proposed § 1.956-4(c) and a CFC directly or indirectly guarantees the partnership obligation, the CFC will be treated as holding an obligation of the United States person.

    B. Pledges and Guarantees of United States Persons' Obligations by Domestic or Foreign Partnerships

    These proposed regulations extend the pledge and guarantee rule in § 1.956-2(c)(1) to pledges and guarantees made by partnerships. Thus, proposed § 1.956-2(c)(1) provides that a partnership that guarantees an obligation of a United States person will be treated as holding the obligation for purposes of section 956. As a result, as discussed in Parts 2.D and 3 of this preamble, proposed § 1.956-4(b) will then treat the partners of the partnership that is the pledgor or guarantor as holding shares of that obligation. For example, if a partnership with one CFC partner guarantees an obligation of the CFC's United States shareholder, the CFC will be treated as holding a share of the obligation under proposed §§ 1.956-1(e)(2), 1.956-2(c)(1), and 1.956-4(b).

    Under current § 1.956-2(c)(2), a CFC is treated as a pledgor or guarantor of an obligation of a United States person if its assets serve at any time, even though indirectly, as security for the performance of the obligation. Consistent with this rule, a partnership should be considered a pledgor or guarantor of an obligation of a United States person if the partnership's assets serve indirectly as security for the performance of the obligation, for example, because the partnership agrees to purchase the obligation at maturity if the United States person does not repay it. Thus, proposed § 1.956-2(c)(2) applies the indirect pledge or guarantee rule to domestic and foreign partnerships.

    In the case of a partnership that is considered a pledgor or guarantor of an obligation under proposed § 1.956-2(c)(2), however, it would not be appropriate to separately apply § 1.956-2(c)(2) directly to a CFC partner in the partnership to treat the partner as a pledgor or guarantor (in addition to treating the partnership as a pledgor or guarantor) solely as a result of the partnership's indirect pledge or guarantee. Therefore, proposed § 1.956-2(c)(2) provides that when a partnership is considered a pledgor or guarantor of an obligation, a CFC that is a partner in the partnership will not be treated as a pledgor or guarantor of the obligation solely as a result of its ownership of an interest in the partnership. Accordingly, the CFC will be treated under proposed § 1.956-4(b) as holding its share of the obligation to which the pledge or guarantee relates as described in Part 2.D of this preamble but will not also be treated as a separate indirect pledgor or guarantor of the obligation. As a result, the CFC will not be treated as holding more than its share of the obligation, as determined under § 1.956-4(b).

    C. Pledges and Guarantees of United States Persons' Obligations by CFC Partners

    As discussed in Part 1.A of this preamble, under proposed § 1.956-4(c) an obligation of a foreign partnership generally is treated as an obligation of the partners in the partnership. In addition, as discussed in Part 3 of this preamble, a partner in a partnership is treated as holding its attributable share of property held by the partnership. The application of these two rules and the proposed indirect pledge or guarantee rule could create uncertainty. For example, if a CFC and a related United States person were the only partners in a foreign partnership that borrowed from a person unrelated to the partners, an issue could arise as to whether the partnership assets attributed to the CFC under proposed § 1.956-4(b) are considered under proposed § 1.956-2(c)(2) to indirectly serve as security for the performance of the portion of the partnership obligation that is treated as an obligation of the United States person under proposed § 1.956-4(c).

    A CFC that is a partner in a partnership should not be treated as a pledgor or guarantor of an obligation of the partnership merely because the CFC partner is treated under proposed § 1.956-4(b) as owning a portion of the partnership assets that support an obligation that is allocated under proposed § 1.956-4(c) to a partner that is a United States person. Accordingly, proposed § 1.956-4(d) provides that, for purposes of section 956 and proposed § 1.956-2(c)(2), if a CFC is a partner in a partnership, the attribution of the assets of the partnership to the CFC under proposed § 1.956-4(b) does not in and of itself give rise to an indirect pledge or an indirect guarantee of an obligation of the partnership that is allocated under proposed § 1.956-4(c) to a partner that is a United States person. This rule is consistent with the new rule under proposed § 1.956-2(c)(2) providing that a CFC that is a partner in a partnership will not be treated, solely as a result of its interest in the partnership, as a pledgor or guarantor of an obligation with respect to which the partnership is considered to be a pledgor or guarantor. However, as under current law, the determination of whether a CFC's assets serve as security for the performance of an obligation for purposes of proposed § 1.956-2(c)(2) is based on all of the facts and circumstances. In appropriate circumstances, the existence of other factors, such as the use of proceeds from a partnership borrowing, the use of partnership assets as security for a partnership borrowing, or special allocations of partnership income or gain, may result in a CFC partner being considered a pledgor or guarantor of an obligation of the partnership pursuant to proposed § 1.956-2(c)(2) when taken into account in conjunction with the attribution of the assets of the partnership to the CFC.

    D. Amount Taken Into Account With Respect to Pledges or Guarantees

    Under existing § 1.956-1(e)(2), the amount taken into account by a CFC in determining the amount of its United States property with respect to a pledge or guarantee described in § 1.956-2(c)(1) is the unpaid principal amount of the obligation with respect to which the CFC is a pledgor or guarantor. In connection with the proposed revision to § 1.956-2(c)(1), which treats a partnership as holding an obligation with respect to which it is a pledgor or guarantor (as discussed in Part 2.B of this preamble), these regulations propose to revise § 1.956-1(e)(2) to also apply in cases in which partnerships are pledgors or guarantors of an obligation.

    Accordingly, under proposed § 1.956-1(e)(2), as under current law, each pledgor or guarantor is treated as holding the entire unpaid principal amount of the obligation to which its pledge or guarantee relates. As a result, in cases in which there are, with respect to a single obligation, multiple pledgors or guarantors that are CFCs or partnerships in which a CFC is a partner, the aggregate amount of United States property treated as held by CFCs may exceed the unpaid principal amount of the obligation. To the extent that the CFCs have sufficient earnings and profits, there could be multiple section 951 inclusions with respect to the same obligation that exceed, in the aggregate, the unpaid principal amount of the obligation.

    The Treasury Department and the IRS are considering whether to exercise the authority granted under section 956(e) to prescribe regulations as may be necessary to carry out the purposes of section 956 to allocate the amount of the obligation among the relevant CFCs so as to eliminate the potential for multiple inclusions and, instead, limit the aggregate inclusions to the unpaid principal amount of the obligation. Comments are requested on whether the Treasury Department and the IRS should adopt such a limitation, and if such a limitation were adopted, on methods to implement the limitation. One approach to implementing such a limitation would be to allow a taxpayer to allocate the unpaid principal amount of the obligation among the guarantor CFCs and partnerships based on any consistently applied, reasonable method selected by the taxpayer that results in aggregate section 951 inclusions equal to the unpaid principal amount.

    Alternatively, the Treasury Department and the IRS could seek to establish a generally applicable method for allocating the unpaid principal amount of the obligation among the various guarantors. Allocating the unpaid principal amount of the obligation among multiple CFCs and partnerships in accordance with their available credit capacities measured, for example, by the relative net values of their assets might be broadly consistent with a creditor's analysis of the support for the obligation, but such an approach would give rise to administrability concerns. A more administrable option would be to require taxpayers to allocate the unpaid principal amount of the obligation based on the earnings and profits of the CFCs that are treated as holding the obligation (or portion thereof). Several allocation methods based on earnings and profits are possible, including methods that allocate the unpaid principal amount of the obligation: (i) to all of the CFCs in accordance with their applicable earnings; (ii) to all of the CFCs in accordance with their earnings and profits described in section 959(c)(3); or (iii) first to the CFCs with only earnings and profits described in section 959(c)(3) (in accordance with their section 959(c)(3) earnings and profits), and then to the remainder of the CFCs, based on applicable earnings. All of these approaches could result in aggregate section 951 inclusions (for the year) totaling less than the unpaid principal amount of the obligation (for example, where one or more CFCs has previously taxed earnings and profits that reduce its section 951 inclusion).

    In considering the options, the Treasury Department and the IRS will consider whether it is appropriate to select a method that could result in aggregate section 951 inclusions for a year totaling less than the unpaid principal amount of the obligation, the extent to which a particular method creates planning opportunities inconsistent with the policies underlying sections 956 and 959, and how administrable and effective the method is over multiple years. In particular, the Treasury Department and the IRS are concerned that certain proration methods could create an incentive for taxpayers to include as additional pledgors or guarantors of an obligation CFCs with substantial amounts of previously taxed earnings and profits, solely to allocate substantial portions of the obligation to these CFCs and thereby minimize the current section 951 inclusions. There are also a number of complexities that could affect the application of a rule that limits multiple inclusions, including differences in taxable years among the relevant CFCs and fluctuations in the unpaid principal amount of the obligation as well as the earnings and profits of the CFCs. The Treasury Department and the IRS request that comments on potential allocation methods address the issues described in this paragraph.

    3. Partnership Property Indirectly Held by a CFC Partner

    Under current § 1.956-2(a)(3), if a CFC is a partner in a partnership that holds property that would be United States property if held directly by the CFC partner, the CFC partner is treated as holding an interest in the property based on its interest in the partnership. These proposed regulations provide rules on the determination of the amount that the CFC partner is treated as holding under this rule, which is redesignated in these proposed regulations as proposed § 1.956-4(b).

    Under proposed § 1.956-4(b), a CFC partner will be treated as holding its share of partnership property determined in accordance with the CFC partner's liquidation value percentage, taking into account any special allocation of income, or, where appropriate, gain from that property that is not disregarded or reallocated under section 704(b) or any other Code section, regulation, or judicial doctrine and that does not have a principal purpose of avoiding the purposes of section 956. See § 1.704-1(b)(1)(iii). This rule serves, in general, as a reasonable measure of a partner's interest in property held by a partnership because it generally results in an allocation of specific items of property that corresponds with each partner's economic interest in that property, including any income, or gain, that may be subject to special allocations.

    These proposed regulations include examples illustrating the application of this proposed rule, including an example that illustrates a case in which it is appropriate to take into account a special allocation of gain because the property is anticipated to appreciate in value but generate relatively little income. Although, proposed § 1.956-4(b) would apply only to property acquired on or after publication in the Federal Register of the Treasury decision adopting the rule as a final regulation, it generally would be reasonable to use the method set forth in proposed § 1.956-4(b) to determine a partner's interest in property acquired prior to finalization.

    Although the method provided by proposed § 1.956-4(b) generally should reflect a partner's economic interest in partnership property, the Treasury Department and the IRS solicit comments on whether there may be situations in which the method would not reflect the partners' economic interest in the partnership or its property, and, if so, whether there are alternative measures or rules to better address such circumstances. Furthermore, the Treasury Department and the IRS solicit comments on whether a single method should be used as the general rule for determining both a partner's share of a partnership obligation (as determined under proposed § 1.956-4(c)), discussed in Part 1.A of this preamble) and a partner's share of partnership assets, and, if so, whether the appropriate measure would be a partner's interest in partnership profits, a partner's liquidation value percentage, or an alternative measure.

    4. Trade or Service Receivables Acquired From Related United States Persons

    Section 956(c)(3) provides that United States property generally includes trade or service receivables acquired from a related United States person in a factoring transaction when the obligor with respect to the receivables is a United States person. Section 1.956-3T(b)(2) provides rules for determining whether a trade or service receivable has been indirectly acquired from a related United States person for purposes of section 956(c)(3). These provisions include a rule that applies to receivables held on a CFC's behalf by a partnership in which the CFC owns (directly or indirectly) a beneficial interest. See § 1.956-3T(b)(2)(ii)(A). This rule is similar to the rule in both current § 1.956-2(a)(3) and proposed § 1.956-4(b). Section 1.956-3T(b)(2) also includes a rule that applies to receivables held on a CFC's behalf by another foreign corporation controlled by the CFC if one of the principal purposes for creating, organizing, or funding such other foreign corporation (through capital contributions or debt) is to avoid the application of section 956. See § 1.956-3T(b)(2)(ii)(B). This rule is similar to a rule in § 1.956-1T(b)(4).

    The Treasury Department and the IRS have determined that the rules in § 1.956-3T(b)(2)(ii) applicable to factoring transactions involving partnerships should be consistent with the rules provided in § 1.956-1T(b)(4) and proposed § 1.956-4(b), which generally apply when partnerships own property that would be United States property in the hands of a CFC partner. Accordingly, these proposed regulations propose to revise the rules governing factoring transactions so that rules similar to the rules in current § 1.956-1T(b)(4) and proposed § 1.956-4(b) apply to factoring transactions involving partnerships. These proposed regulations also propose to revise the rules governing factoring transactions to remove the reference to S corporations, which are treated as partnerships for purposes of subpart F, including section 956. See section 1373(a).

    5. Obligations of Disregarded Entities and Domestic Partnerships

    The Treasury Department and the IRS understand that issues have arisen as to the proper treatment under section 956 of obligations of entities that are disregarded as entities separate from their owner for federal tax purposes. Accordingly, these proposed regulations state explicitly in proposed § 1.956-2(a)(3) that, for purposes of section 956, an obligation of a disregarded entity is treated as an obligation of the owner of the disregarded entity. Thus, for example, an obligation of a disregarded entity that is owned by a domestic corporation is treated as an obligation of the domestic corporation for purposes of section 956. The rule in proposed § 1.956-2(a)(3) follows from the application of the entity classification rules of § 301.7701-3 and is therefore not a change from current law.

    In addition, proposed § 1.956-4(e) confirms that, for purposes of section 956, an obligation of a domestic partnership is an obligation of a United States person, regardless of whether the partners in the partnership are United States persons. Under section 956(c)(1)(C), an obligation of a United States person generally is United States property for purposes of section 956 unless an exception in section 956(c)(2) applies to the obligation. For example, as noted in Part 1.B of this preamble, section 956(c)(2)(L) would apply to exclude an obligation of a domestic partnership held by a CFC from the definition of United States property if neither the CFC nor a person related to the CFC (within the meaning of section 954(d)(3)) were a partner in the partnership.

    6. Proposed Effective/Applicability Dates

    These proposed regulations are proposed to be effective for taxable years of CFCs ending on or after the date of publication in the Federal Register of the Treasury decision adopting these rules as final regulations, and taxable years of United States shareholders in which or with which such taxable years end. Most of these rules are proposed to apply to property acquired, or pledges or guarantees entered into, on or after September 1, 2015, including property considered acquired, or pledges or guarantees considered entered into, on or after September 1, 2015 as a result of a deemed exchange pursuant to section 1001. See proposed § 1.956-4(c) (dealing with obligations of foreign partnerships, described in Part 1 of this preamble); proposed §§ 1.956-2(c), 1.956-4(d), and 1.956-1(e)(2) (dealing with pledges or guarantees, including pledges or guarantees either by a partnership or with respect to obligations of a foreign partnership, described in Part 2 of this preamble); and proposed § 1.956-3 (dealing with trade or service receivables acquired from related United States persons, described in Part 4 of this preamble). Two rules, however, are proposed to apply to obligations held on or after the date of publication in the Federal Register of the Treasury decision adopting these rules as final regulations. See proposed §§ 1.956-2(a)(3) and 1.956-4(e) (dealing with obligations of disregarded entities and domestic partnerships, respectively, described in Part 5 of this preamble). Finally, proposed § 1.956-4(b) (dealing with partnership property indirectly held by a CFC, described in Part 3 of this preamble) is proposed to apply to property acquired on or after the date of publication in the Federal Register of the Treasury decision adopting these rules as final regulations. No inference is intended as to the application of the provisions proposed to be amended by these proposed regulations under current law, including in transactions involving obligations of foreign partnerships. The IRS may, where appropriate, challenge transactions under currently applicable Code or regulatory provisions or judicial doctrines.

    Special Analyses

    Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. Chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f), this notice of proposed rulemaking has been submitted to the Chief Counsel of Advocacy of the Small Business Administration for comment on its impact on small business.

    Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in this preamble under the “Addresses” heading. Treasury and the IRS request comments on all aspects of the proposed rules. All comments will be available at www.regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person that timely submits electronic or written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register.

    Drafting Information

    The principal authors of these proposed regulations are Barbara E. Rasch and Rose E. Jenkins of the Office of Associate Chief Counsel (International). However, other personnel from the Treasury Department and the IRS participated in their development.

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

    PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding entries in numerical order to read in part as follows: Authority:

    26 U.S.C. 7805.

    Section 1.956-1 also issued under 26 U.S.C. 956(d) and 956(e).

    Section 1.956-2 also issued under 26 U.S.C. 956(d) and 956(e).

    Section 1.956-3 also issued under 26 U.S.C. 864(d)(8) and 956(e).

    Section 1.956-4 also issued under 26 U.S.C. 956(d) and 956(e).

    Par. 2. Section 1.954-2 is amended by revising paragraphs (c)(1)(i), (c)(1)(iv), (c)(2)(ii), (c)(2)(iii)(E), (c)(2)(viii), (d)(1)(i) and (ii), (d)(2)(ii), (d)(2)(iii)(E), (d)(2)(v), and (j) to read as follows:
    § 1.954-2 Foreign personal holding company income.

    (c) * * *

    (1) * * *

    (i) [The text of proposed amendments to § 1.954-2(c)(1)(i) is the same as the text of § 1.954-2T(c)(1)(i) published elsewhere in this issue of the Federal Register].

    (iv) [The text of proposed amendments to § 1.954-2(c)(1)(iv) is the same as the text of § 1.954-2T(c)(1)(iv) published elsewhere in this issue of the Federal Register].

    (2) * * *

    (ii) [The text of proposed amendments to § 1.954-2(c)(2)(ii) is the same as the text of § 1.954-2T(c)(2)(ii) published elsewhere in this issue of the Federal Register].

    (iii) * * *

    (E) [The text of proposed amendments to § 1.954-2(c)(2)(iii)(E) is the same as the text of § 1.954-2T(c)(2)(iii)(E) published elsewhere in this issue of the Federal Register].

    (viii) [The text of proposed amendments to § 1.954-2(c)(2)(viii) is the same as the text of § 1.954-2T(c)(2)(viii) published elsewhere in this issue of the Federal Register].

    (d) * * *

    (1) * * *

    (i) [The text of proposed amendments to § 1.954-2(d)(1)(i) is the same as the text of § 1.954-2T(d)(1)(i) published elsewhere in this issue of the Federal Register].

    (ii) [The text of proposed amendments to § 1.954-2(d)(1)(ii) is the same as the text of § 1.954-2T(d)(1)(ii) published elsewhere in this issue of the Federal Register].

    (2) * * *

    (ii) [The text of proposed amendments to § 1.954-2(d)(2)(ii) is the same as the text of § 1.954-2T(d)(2)(ii) published elsewhere in this issue of the Federal Register].

    (iii) * * *

    (E) [The text of proposed amendments to § 1.954-2(d)(2)(iii)(E) is the same as the text of § 1.954-2T(d)(2)(iii)(E) published elsewhere in this issue of the Federal Register].

    (v) [The text of proposed amendments to § 1.954-2(d)(2)(v) is the same as the text of § 1.954-2T(d)(2)(v) published elsewhere in this issue of the Federal Register].

    (j) [The text of proposed amendments to § 1.954-2(j) is the same as the text of § 1.954-2T(j) published elsewhere in this issue of the Federal Register].

    Par. 3. Section 1.956-1 is amended by revising paragraphs (b)(4) and (5), (e)(2), and (g), to read as follows:
    § 1.956-1 Shareholder's pro rata share of a controlled foreign corporation's increase in earnings invested in United States property.

    (b) * * *

    (4) [The text of proposed amendments to § 1.956-1(b)(4) is the same as the text of § 1.956-1T(b)(4) published elsewhere in this issue of the Federal Register].

    (5) [The text of proposed amendments to § 1.956-1(b)(5) is the same as the text of § 1.956-1T(b)(5) published elsewhere in this issue of the Federal Register].

    (e) * * *

    (2) Rule for pledges and guarantees. For purposes of this section, the amount of an obligation treated as held (before application of § 1.956-4(b)) as a result of a pledge or guarantee described in § 1.956-2(c) is the unpaid principal amount of the obligation on the applicable determination date.

    (g) through (g)(2) [The text of proposed amendments to § 1.956-1(g) through (g)(2) is the same as the text of § 1.956-1T(g) through (g)(2) published elsewhere in this issue of the Federal Register].

    (3) Paragraph (e)(2) of this section applies to taxable years of controlled foreign corporations ending on or after the date of publication in the Federal Register of the Treasury decision adopting this rule as a final regulation, and taxable years of United States shareholders in which or with which such taxable years end, with respect to pledges or guarantees entered into on or after September 1, 2015. For purposes of this paragraph (g)(3), a pledgor or guarantor is treated as entering into a pledge or guarantee when there is a significant modification, within the meaning of § 1.1001-3(e), of an obligation with respect to which it is a pledgor or guarantor on or after September 1, 2015.

    Par. 4. Section 1.956-2 is amended by: a. Revising paragraphs (a)(3) and (c)(1) and (2). b. Adding Example 4 to paragraph (c)(3); c. Adding reserved paragraph (g); and d. Adding paragraph (h).

    The revisions and additions read as follows:

    § 1.956-2 Definition of United States property.

    (a) * * *

    (3) Treatment of disregarded entities. For purposes of section 956, an obligation of a business entity (as defined in § 301.7701-2(a) of this chapter) that is disregarded as an entity separate from its owner for federal tax purposes under §§ 301.7701-1 through 301.7701-3 of this chapter is treated as an obligation of its owner.

    (c) * * * (1) General rule. Except as provided in paragraph (c)(4) of this section, for purposes of section 956, any obligation of a United States person with respect to which a controlled foreign corporation or a partnership is a pledgor or guarantor will be considered to be held by the controlled foreign corporation or the partnership, as the case may be. See § 1.956-1(e)(2) for rules that determine the amount of the obligation treated as held by a pledgor or guarantor under this paragraph (c). For rules that treat an obligation of a foreign partnership as an obligation of the partners in the foreign partnership for purposes of section 956, see § 1.956-4(c).

    (2) Indirect pledge or guarantee. If the assets of a controlled foreign corporation or a partnership serve at any time, even though indirectly, as security for the performance of an obligation of a United States person, then, for purposes of paragraph (c)(1) of this section, the controlled foreign corporation or partnership will be considered a pledgor or guarantor of that obligation. If a partnership is considered a pledgor or guarantor of an obligation, a controlled foreign corporation that is a partner in the partnership will not also be treated as a pledgor or guarantor of the obligation solely as a result of its ownership of an interest in the partnership. For purposes of this paragraph, a pledge of stock of a controlled foreign corporation representing at least 66 2/3 percent of the total combined voting power of all classes of voting stock of such corporation will be considered an indirect pledge of the assets of the controlled foreign corporation if the pledge is accompanied by one or more negative covenants or similar restrictions on the shareholder effectively limiting the corporation's discretion to dispose of assets and/or incur liabilities other than in the ordinary course of business. See § 1.956-4(d) for guidance on the treatment of indirect pledges or guarantees of an obligation of a partnership attributed to its partners under § 1.956-4(c).

    (3) * * *

    Example 4.

    (i) Facts. USP, a domestic corporation, owns 70% of the stock of FS, a controlled foreign corporation, and a 90% interest in FPRS, a foreign partnership. X, an unrelated foreign person, owns 30% of the stock of FS. Y, an unrelated foreign person, owns a 10% interest in FPRS. There are no special allocations in the FPRS partnership agreement. FPRS borrows $100x from Z, an unrelated person. FS pledges its assets as security for FPRS's performance of its obligation to repay the $100x loan. USP's share of the $100x FPRS obligation, determined in accordance with its interest in partnership profits, is $90x. Under § 1.956-4(c), $90x of the FPRS obligation is treated as an obligation of USP for purposes of section 956.

    (ii) Result. For purposes of section 956, under paragraph (c)(1) of this section, FS is considered to hold an obligation of USP in the amount of $90x, and thus is treated as holding United States property in the amount of $90x.

    (h) Effective/applicability date. (1) Paragraph (a)(3) of this section applies to taxable years of controlled foreign corporations ending on or after the date of publication in the Federal Register of the Treasury decision adopting this rule as a final regulation, and taxable years of United States shareholders in which or with which such taxable years end, with respect to obligations held on or after the date of publication in the Federal Register of the Treasury decision adopting this rule as a final regulation.

    (2) Paragraphs (c)(1), (c)(2), and Example 4 of paragraph (c)(3) of this section apply to taxable years of controlled foreign corporations ending on or after the date of publication in the Federal Register of the Treasury decision adopting these rules as final regulations, and taxable years of United States shareholders in which or with which such taxable years end, with respect to pledges and guarantees entered into on or after September 1, 2015. For purposes of this paragraph (h)(2), a pledgor or guarantor is treated as entering into a pledge or guarantee when there is a significant modification, within the meaning of § 1.1001-3(e), of an obligation with respect to which it is a pledgor or guarantor on or after September 1, 2015.

    Par. 5. Section § 1.956-3 is added to read as follows:
    § 1.956-3 Certain trade or service receivables acquired from United States persons.

    (a) through (b)(2)(i) [Reserved]. For further guidance, see § 1.956-3T(a) through (b)(2)(i).

    (ii) Acquisition by nominee, pass-through entity, or related foreign corporation. A controlled foreign corporation is treated as holding a trade or service receivable that is held by a nominee on its behalf, or by a simple trust or other pass-through entity (other than a partnership) to the extent of its direct or indirect ownership or beneficial interest in such simple trust or other pass-through entity. See §§ 1.956-1T(b)(4) and 1.956-4(b) for rules that may treat a controlled foreign corporation as indirectly holding a trade or service receivable held by a foreign corporation or partnership. A controlled foreign corporation that is treated as holding a trade or service receivable held by another person (the direct holder) (or that would be treated as holding the receivable if the receivable were United States property or would be United States property if held directly by the controlled foreign corporation) is considered to have acquired the receivable from the person from whom the direct holder acquired the receivable. This paragraph (b)(2)(ii) does not limit the application of paragraph (b)(2)(iii) of this section. The following examples illustrate the application of this paragraph (b)(2)(ii):

    Example 1.

    (i) Facts. A domestic corporation, P, wholly owns a controlled foreign corporation, FS, with substantial earnings and profits. FS contributes $200x of cash to a partnership, PRS, in exchange for an 80% partnership interest. An unrelated foreign person contributes real estate located in a foreign country with a fair market value of $50x to PRS for the remaining 20% partnership interest. There are no special allocations in the PRS partnership agreement. PRS uses the $200x of cash received from FS to purchase trade receivables from P. The obligors with respect to the trade receivables are United States persons that are not related to any partner in PRS. The liquidation value percentage, as determined under § 1.956-4(b), for FS with respect to PRS is 80%. A principal purpose of funding PRS (through FS's cash contribution) is to avoid the application of section 956 with respect to FS.

    (ii) Result. Under § 1.956-4(b)(1), FS is treated as holding 80% of the trade receivables acquired by PRS from P, with a basis equal to $160x (80% × $200x, PRS's basis in the trade receivables). However, because FS controls PRS and a principal purpose of FS funding PRS was to avoid the application of section 956 with respect to FS, under § 1.956-1T(b)(4), if the trade receivables would be United States property if held directly by FS, FS additionally would be treated as holding the trade receivables to the extent that they exceed the amount of the receivables it holds under § 1.956-4(b), which is $40x ($200x−$160x). Accordingly, under this paragraph (b)(2)(ii), FS is treated as having acquired from P, a related United States person, the trade receivables that it is treated as holding with a basis equal to $200x ($160x + $40x). Thus, FS is treated as holding United States property with a basis of $200x under paragraph (a) of this section.

    Example 2.

    (i) Facts. A domestic corporation, P, wholly owns a controlled foreign corporation, FS1, that has earnings and profits of at least $300x. FS1 organizes a foreign corporation, FS2, with a $200x cash contribution. FS2 uses the cash contribution to purchase trade receivables from P. The obligors with respect to the trade receivables are unrelated United States persons. A principal purpose of funding FS2 (through FS1's cash contribution) is to avoid the application of section 956 with respect to FS1.

    (ii) Result. Under § 1.956-1T(b)(4), if the trade receivables held by FS2 were United States property, FS1 would be treated as holding the trade receivables held by FS2 because FS1 controls FS2 and a principal purpose of FS1 funding FS2 was to avoid the application of section 956 with respect to FS1. Accordingly, under this paragraph (b)(2)(ii), FS1 is treated as having acquired from P, a related United States person, the trade receivables that it would be treated as holding with a basis equal to $200x. Thus, FS1 is treated as holding United States property with a basis of $200x under paragraph (a) of this section.

    (b)(2)(iii) through (c) [Reserved]. For further guidance, see § 1.956-3T(b)(2)(iii) through (c).

    (d) Effective/applicability date. Paragraph (b)(2)(ii) of this section applies to taxable years of controlled foreign corporations ending on or after the date of publication in the Federal Register of the Treasury decision adopting this rule as a final regulation, and taxable years of United States shareholders in which or with which such taxable years end, with respect to trade or service receivables acquired on or after September 1, 2015. For purposes of this paragraph (d), a significant modification, within the meaning of § 1.1001-3(e), of a trade or service receivable on or after September 1, 2015 constitutes an acquisition of the trade or service receivable on or after that date.

    Par. 6. Section 1.956-4 is added to read as follows:
    § 1.956-4 Certain rules applicable to partnerships.

    (a) Overview. This section provides rules concerning the application of section 956 to certain obligations of and property held by a partnership. Paragraph (b) of this section provides rules concerning United States property held indirectly by a controlled foreign corporation through a partnership. Paragraph (c) of this section provides rules that generally treat obligations of a foreign partnership as obligations of the partners in the foreign partnership, as well as a special rule that treats a partner that is a United States person as owing additional amounts of a partnership obligation in certain circumstances. Paragraph (d) of this section sets forth a rule concerning the application of the indirect pledge or guarantee rule to obligations of partnerships. Paragraph (e) of this section provides that obligations of a domestic partnership are obligations of a United States person. Paragraph (f) of this section provides effective and applicability dates. See §§ 1.956-1T(b)(4) and 1.956-2(c) for additional rules applicable to partnerships.

    (b) Property held indirectly through a partnership—(1) General rule. For purposes of section 956, a partner in a partnership is treated as holding its attributable share of any property held by the partnership (including an obligation that the partnership is treated as holding as a result of the application of § 1.956-2(c)). A partner's attributable share of partnership property is determined under the rules set forth in paragraph (b)(2) of this section. An upper-tier partnership's attributable share of the property of a lower-tier partnership is treated as property of the upper-tier partnership for purposes of applying this paragraph (b)(1) to the partners of the upper-tier partnership. For purposes of section 956, a partner's adjusted basis in the property of the partnership equals the partner's attributable share of the partnership's adjusted basis in the property (taking into account any adjustments to basis under section 743(b) (with respect to the partner) or section 734(b) or any similar adjustments to basis), as determined under the rules set forth in paragraph (b)(2) of this section. The rules in § 1.956-1(e)(2) apply to determine the amount of an obligation treated as held by a partnership as a result of the application of § 1.956-2(c). See § 1.956-1T(b)(4) for special rules that may treat a controlled foreign corporation as holding a greater amount of United States property held by a partnership than the amount determined under this section.

    (2) Methodology—(i) Liquidation value percentage. Except as otherwise provided in paragraph (b)(2)(ii) of this section, for purposes of paragraph (b)(1) of this section, a partner's attributable share of partnership property is determined in accordance with the partner's liquidation value percentage. For purposes of this paragraph (b)(2)(i), the liquidation value of a partner's interest in a partnership is the amount of cash the partner would receive with respect to the interest if, immediately after the occurrence of the most recent event described in § 1.704-1(b)(2)(iv)(f)(5) or § 1.704-1(b)(2)(iv)(s)(1) (a revaluation event), or, if there has been no revaluation event, immediately after the formation of the partnership, as the case may be, the partnership sold all of its assets for cash equal to the fair market value of such assets (taking into account section 7701(g)), satisfied all of its liabilities (other than those described in § 1.752-7), paid an unrelated third party to assume all of its § 1.752-7 liabilities in a fully taxable transaction, and then liquidated. A partner's liquidation value percentage, which is determined upon the formation of a partnership and redetermined upon any revaluation event, irrespective of whether the capital accounts of the partners are adjusted under § 1.704-1(b)(2)(iv)(f), is the ratio (expressed as a percentage) of the liquidation value of the partner's interest in the partnership divided by the aggregate liquidation value of all of the partners' interests in the partnership.

    (ii) Special allocations. For purposes of paragraph (b)(1) of this section, if a partnership agreement provides for the allocation of income (or, where appropriate, gain) from partnership property to a partner that differs from the partner's liquidation value percentage in a particular taxable year (a special allocation), then the partner's attributable share of that property is determined solely by reference to the partner's special allocation with respect to the property, provided the special allocation does not have a principal purpose of avoiding the purposes of section 956.

    (3) Examples. The following examples illustrate the rule of this paragraph (b):

    Example 1.

    (i) Facts. USP, a domestic corporation, wholly owns FS, a controlled foreign corporation, which, in turn, owns an interest in FPRS, a foreign partnership. The remaining interest in FPRS is owned by an unrelated foreign person. FPRS holds non-depreciable property, with an adjusted basis of $100x, that would be United States property (“US property”) if held by FS directly. At the close of quarter 1 of year 1, the liquidation value percentage, as determined under paragraph (b)(2) of this section, for FS with respect to FPRS is 25%. There are no special allocations in the FPRS partnership agreement.

    (ii) Result. Under paragraph (b)(1) of this section, for purposes of section 956, FS is treated as holding its attributable share of the property held by FPRS with an adjusted basis equal to its attributable share of FPRS's adjusted basis in the property. Under paragraph (b)(2) of this section, FS's attributable share of FPRS's property is determined in accordance with FS's liquidation value percentage, which is 25%. Thus, FS's attributable share of property held by FPRS is 25%, and its attributable share of FPRS's basis in the property is $25x. Accordingly, for purposes of determining the amount of US property held by FS as of the close of quarter 1 of year 1, FS is treated as holding US property with an adjusted basis of $25x.

    Example 2.

    (i) Facts. The facts are the same as in Example 1, except that the FPRS partnership agreement, which satisfies the requirements of section 704(b), specially allocates 80% of the income with respect to US property to FS. The special allocation does not have a principal purpose of avoiding the purposes of section 956.

    (ii) Result. Under paragraph (b)(1) of this section, for purposes of section 956, FS is treated as holding its attributable share of the property held by FPRS with an adjusted basis equal to its attributable share of FPRS's adjusted basis in the property. In general, FS's attributable share of FPRS property is determined in accordance with FS's liquidation value percentage. However, under paragraph (b)(2)(ii) of this section, FS's attributable share of US property is determined in accordance with its special allocation. FS's special allocation percentage for US property is 80%, and thus FS's attributable share of US property held by FPRS is 80% and its attributable share of FPRS's basis in US property is $80x. Accordingly, for purposes of determining the amount of US property held by FS as of the close of quarter 1 of year 1, FS is treated as holding US property with an adjusted basis of $80x.

    Example 3.

    (i) Facts. USP, a domestic corporation, wholly owns FS, a controlled foreign corporation, which, in turn, owns an interest in FPRS, a foreign partnership. USP owns the remaining interest in FPRS. FPRS holds property (the “FPRS property”) that would be United States property (“US property”) if held by FS directly. The FPRS property is anticipated to appreciate in value but generate relatively little income. The US property has an adjusted basis of $100x. The FPRS partnership agreement, which satisfies the requirements of section 704(b), specially allocates 80% of the income with respect to the FPRS property to USP and 80% of the gain with respect to the disposition of FPRS property to FS. The special allocation does not have a principal purpose of avoiding the purposes of section 956.

    (ii) Result. Under paragraph (b)(2)(ii) of this section, the partners' attributable shares of the FPRS property are determined in accordance with the special allocation of gain. Accordingly, for purposes of determining the amount of US property held by FS in each year that FPRS holds FPRS property, FS's attributable share of the FPRS property is 80% and its attributable share of FPRS's basis in US property is $80x. Thus, FS is treated as holding US property with an adjusted basis of $80x.

    (c) Obligations of a foreign partnership—(1) In general. Except as provided in paragraphs (c)(2) and (3) of this section, for purposes of section 956, an obligation of a foreign partnership is treated as a separate obligation of each of the partners in the partnership to the extent of each partner's share of the obligation. A partner's share of the partnership's obligation is determined in accordance with the partner's interest in partnership profits. The partner's interest in partnership profits is determined by taking into account all facts and circumstances relating to the economic arrangement of the partners. An upper-tier partnership's share of an obligation of a lower-tier partnership is treated as an obligation of the upper-tier partnership for purposes of applying this paragraph (c)(1) to the partners of the upper-tier partnership.

    (2) Exception for obligations of partnerships in which neither the lending controlled foreign corporation nor any person related to the lending controlled foreign corporation is a partner. For purposes of applying section 956 with respect to a controlled foreign corporation, an obligation of a foreign partnership is treated as an obligation of a foreign partnership, and not as an obligation of its partners, if neither the controlled foreign corporation nor any person related to the controlled foreign corporation within the meaning of section 954(d)(3) is a partner in the partnership. For purposes of section 956, an obligation treated as an obligation of a foreign partnership pursuant to this paragraph (c)(2) is not an obligation of a United States person.

    (3) Special obligor rule in the case of certain partnership distributions. For purposes of determining a partner's share of a foreign partnership's obligation under section 956, if the foreign partnership distributes an amount of money or property to a partner that is related to a controlled foreign corporation within the meaning of section 954(d)(3) and whose obligation would be United States property if held (or if treated as held) by the controlled foreign corporation, and the foreign partnership would not have made the distribution but for a funding of the partnership through an obligation held (or treated as held) by a controlled foreign corporation, notwithstanding § 1.956-1(e), the partner's share of the partnership obligation is the greater of—

    (i) The partner's share of the partnership obligation as determined under paragraph (c)(1) of this section; and

    (ii) The lesser of the amount of the distribution that would not have been made but for the funding of the partnership and the amount of the obligation (as determined under § 1.956-1(e)).

    (4) Examples. The following examples illustrate the rules of this paragraph (c):

    Example 1.

    (i) Facts. USP, a domestic corporation, wholly owns FS, a controlled foreign corporation, and owns a 90% interest in the partnership profits of FPRS, a foreign partnership. X, a foreign person that is unrelated to USP or FS, owns a 10% interest in the partnership profits of FPRS. FPRS borrows $100x from FS. FS's basis in the FPRS obligation is $100x.

    (ii) Result. Under paragraph (c)(1) of this section, for purposes of section 956, the obligation of FPRS is treated as obligations of its partners (USP and X) to the extent of each partner's interest in the partnership profits of FPRS. Because USP, a partner in FPRS, is related to FS within the meaning of section 954(d)(3), the exception in paragraph (c)(2) of this section does not apply. Based on its interest in FPRS's profits, USP's attributable share of the FPRS obligation is $90x. Accordingly, for purposes of section 956, $90x of the FPRS obligation held by FS is treated as an obligation of USP and is United States property within the meaning of section 956(c). Therefore, on the date the loan is made, FS is treated as holding United States property of $90x.

    Example 2.

    (i) Facts. The facts are the same as in paragraph (i) of Example 1, except that USP owns 40% of the stock of FS and is not a related person (as defined in section 954(d)(3)) with respect to FS. Y, a United States person that is unrelated to USP or X, owns the remaining 60% of the stock of FS.

    (ii) Result. Because neither FS nor any person related to FS within the meaning of section 954(d)(3) is a partner in FPRS, the exception in paragraph (c)(2) of this section applies to treat the FPRS obligation as an obligation of a foreign partnership and not an obligation of a United States person. Therefore, paragraph (c)(1) of this section does not apply, and FS is not treated as holding United States property.

    Example 3.

    (i) Facts. USP, a domestic corporation, wholly owns FS, a controlled foreign corporation. USP has a 60% interest in the partnership profits of FPRS, a foreign partnership. FS has a 30% interest in the partnership profits of FPRS. U.S.C., a domestic corporation that is unrelated to USP and FS, has a 10% interest in the partnership profits of FPRS. FPRS borrows $100x from an unrelated person. FS guarantees the FPRS obligation.

    (ii) Result. Under paragraph (c)(1) of this section, for purposes of section 956, the obligation of FPRS is treated as obligations of its partners (USP, FS, and U.S.C.) to the extent of each partner's interest in the partnership profits of FPRS. Because USP, a partner in FPRS, is related to FS within the meaning of section 954(d)(3), and because FS is a partner in FPRS, the exception in paragraph (c)(2) of this section does not apply. Based on their interests in partnership profits, USP's attributable share of the FPRS obligation is $60x, and U.S.C.'s attributable share of the FPRS obligation is $10x. For purposes of section 956, $60x of the FPRS obligation is treated as an obligation of USP, and $10x of the FPRS obligation is treated as an obligation of U.S.C.. Under § 1.956-2(c)(1), FS is treated as holding the obligations of USP and U.S.C. that FS guaranteed. All of the exceptions to the definition of United States property contained in section 956 and § 1.956-2 apply to determine whether the obligations of USP and U.S.C. treated as held by FS constitute United States property. Accordingly, the obligation of U.S.C. is not United States property under section 956(c)(2)(F) and § 1.956-2(b)(1)(viii). The obligation of USP, however, is United States property within the meaning of section 956(c). Therefore, on the date the guarantee is made, FS is treated as holding United States property of $60x.

    Example 4.

    (i) Facts. USP, a domestic corporation, wholly owns FS, a controlled foreign corporation. USP has a 70% interest in the partnership profits of FPRS, a foreign partnership. A domestic corporation that is unrelated to USP and FS has a 30% interest in the partnership profits of FPRS. FPRS borrows $100x from FS and makes a distribution of $80x to USP. FPRS would not have made the distribution to USP but for the funding of FPRS by FS.

    (ii) Result. Because USP, a partner in FPRS, is related to FS within the meaning of section 954(d)(3), the exception in paragraph (c)(2) of this section does not apply. Moreover, an obligation of USP held by FS would be United States property. USP's attributable share of the FPRS obligation as determined under paragraph (c)(1) of this section in accordance with USP's interest in partnership profits is $70x. Under paragraph (c)(3) of this section, USP's share of the FPRS obligation is the greater of (i) USP's attributable share of the obligation, $70x, or (ii) the lesser of the amount of the distribution, $80x, or the amount of the obligation, $100x. For purposes of section 956, therefore, $80x of the FPRS obligation is treated as an obligation of USP and is United States property within the meaning of section 956(c). Thus, on the date the loan is made, FS is treated as holding United States property of $80x.

    (d) Limitation on a partner's indirect pledge or guarantee. For purposes of section 956 and § 1.956-2(c), a controlled foreign corporation that is a partner in a partnership is not considered a pledgor or guarantor of the portion of an obligation of the partnership attributed to its partners that are United States persons under paragraph (c) of this section solely as a result of the attribution of a portion of the partnership's assets to the controlled foreign corporation under paragraph (b) of this section.

    (e) Obligations of a domestic partnership. For purposes of section 956, an obligation of a domestic partnership is an obligation of a United States person. See section 956(c)(2)(L) for an exception from the treatment of such an obligation as United States property.

    (f) Effective/applicability dates. (1) Paragraph (b) of this section applies to taxable years of controlled foreign corporations ending on or after [DATE OF PUBLICATION OF FINAL RULE], and taxable years of United States shareholders in which or with which such taxable years end, with respect to property acquired on or after [DATE OF PUBLICATION OF FINAL RULE]. For purposes of this paragraph (f)(1), a deemed exchange of property pursuant to section 1001 on or after [DATE OF PUBLICATION OF FINAL RULE] constitutes an acquisition of the property on or after that date.

    (2) Paragraph (c) of this section applies to taxable years of controlled foreign corporations ending on or after [DATE OF PUBLICATION OF FINAL RULE], and taxable years of United States shareholders in which or with which such taxable years end, with respect to obligations acquired, or pledges or guarantees entered into, on or after September 1, 2015. For purposes of this paragraph (f)(2), a significant modification, within the meaning of § 1.1001-3(e), of an obligation on or after September 1, 2015 constitutes an acquisition of the obligation on or after that date. Furthermore, for purposes of this paragraph (f)(2), a pledgor or guarantor is treated as entering into a pledge or guarantee when there is a significant modification, within the meaning of § 1.1001-3(e), of an obligation with respect to which it is a pledgor or guarantor on or after September 1, 2015.

    (3) Paragraph (d) of this section applies to taxable years of controlled foreign corporations ending on or after [DATE OF PUBLICATION OF FINAL RULE], and taxable years of United States shareholders in which or with which such taxable years end, with respect to pledges or guarantees entered into on or after September 1, 2015. For purposes of this paragraph (f)(3), a pledgor or guarantor is treated as entering into a pledge or guarantee when there is a significant modification, within the meaning of § 1.1001-3(e), of an obligation with respect to which it is a pledgor or guarantor on or after September 1, 2015.

    (4) Paragraph (e) of this section applies to taxable years of controlled foreign corporations ending on or after [DATE OF PUBLICATION OF FINAL RULE], and to taxable years of United States shareholders in which or with which such taxable years end, with respect to obligations held on or after [DATE OF PUBLICATION OF FINAL RULE].

    John Dalrymple, Deputy Commissioner for Services and Enforcement.
    [FR Doc. 2015-21572 Filed 9-1-15; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-123640-15] RIN 1545-BM86 Administration of Multiemployer Plan Participant Vote on an Approved Suspension of Benefits Under MPRA AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice of proposed rulemaking by cross-reference to temporary regulations.

    SUMMARY:

    Temporary regulations relating to the administration of a multiemployer plan participant vote on an approved suspension of benefits under the Multiemployer Pension Reform Act of 2014 (MPRA) are being issued in the Rules and Regulations section of this issue of the Federal Register. The text of those regulations also serves as the text of these proposed regulations.

    DATES:

    Comments and requests for a public hearing must be received by November 2, 2015.

    ADDRESSES:

    Send submissions to: CC:PA:LPD:PR (REG-123640-15), Room 5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG-123640-15), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at http://www.regulations.gov (IRS REG-123640-15).

    FOR FURTHER INFORMATION CONTACT:

    Concerning the regulations, the Department of the Treasury MPRA guidance information line at (202) 622-1559; concerning submission of comments, and the previously-scheduled hearing, Regina Johnson at (202) 317-6901 (not toll-free numbers).

    SUPPLEMENTARY INFORMATION: Paperwork Reduction Act

    The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and approved under OMB control number 1545-2260.

    The collection of information in the paragraphs of these proposed regulations that cross-reference the temporary regulations that are being published elsewhere in this issue of the Federal Register is required for sponsor of a multiemployer defined benefit plan in critical and declining status to satisfy the criteria with respect to the required vote of plan participants and other eligible voters following approval of the plan sponsor's application for a suspension of benefits.

    Comments on the collection of information should be sent to the Office of Management and Budget, Attn: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503, with copies to the Internal Revenue Service, Attn: IRS Reports Clearance Officer, SE:W:CAR:MP:T:T:SP, Washington, DC 20224. Comments on the collection of information should be received by November 2, 2015.

    Comments are specifically requested concerning:

    Whether the proposed collection of information is necessary for the proper performance of the functions of the IRS, including whether the information will have practical utility;

    The accuracy of the estimated burden associated with the proposed collection of information;

    How the quality, utility, and clarity of the information to be collected may be enhanced;

    How the burden of complying with the proposed collections of information may be minimized, including through the application of automated collection techniques or other forms of information technology; and

    Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of service to provide information.

    For the paragraphs of the proposed regulations that cross-reference the temporary regulations:

    Estimated total average annual reporting or recordkeeping burden: 56 hours.

    Estimated average annual burden per recordkeeper: 2 hours.

    Estimated number of recordkeepers: 28.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the Office of Management and Budget.

    Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Background and Explanation of Provisions

    Section 432(e)(9) of the Internal Revenue Code (Code), as amended by the Multiemployer Pension Reform Act of 2014 (MPRA), permits plan sponsors of certain multiemployer plans to reduce the plan benefits payable to participants and beneficiaries (referred to as a “suspension of benefits”) if specified conditions are satisfied. Under section 432(e)(9)(H), no suspension of benefits may take effect prior to a vote of the participants of the plan with respect to the suspension. Section 432(e)(9)(H) requires that the vote be administered by the Secretary of the Treasury, in consultation with the Pension Benefit Guaranty Corporation and the Secretary of Labor, within 30 days after approval of a suspension application.

    On June 19, 2015, the Treasury Department and the Internal Revenue Service published temporary regulations (TD 9723) under section 432(e)(9) in the Federal Register (80 FR 35207) (June 2015 temporary regulations). The June 2015 temporary regulations provide general guidance regarding section 432(e)(9) and outline the requirements for a plan sponsor of a plan that is in critical and declining status to apply for a suspension of benefits and for the Treasury Department to begin processing such an application. A notice of proposed rulemaking cross-referencing the June 2015 temporary regulations (REG-102648-15) was also published in the same issue of the Federal Register (80 FR 35262) (June 2015 proposed regulations). Both the June 2015 temporary and proposed regulations reflect consideration of comments received in response to the Request for Information on Suspensions of Benefits under the Multiemployer Pension Reform Act of 2014 published in the Federal Register on February 18, 2015 (80 FR 8578).

    A public hearing concerning the June 2015 proposed regulations is scheduled for September 10, 2015, beginning at 9:00 a.m. in the Amphitheater of the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Ave. NW., Washington, DC Persons who wish to present oral comments at that hearing regarding the June 2015 proposed regulations were required to submit written or electronic comments, including an outline of topics to be discussed, by August 18, 2015. Anyone who has submitted a timely request to speak at the September 10, 2015, hearing is also permitted to discuss these proposed regulations at that hearing (without submitting a separate request to discuss these proposed regulations at that hearing).

    The June 2015 temporary and proposed regulations set forth many of the rules relating to the participant vote under section 432(e)(9)(H). However, neither the June 2015 temporary regulations nor the June 2015 proposed regulations provide detailed guidance on how the Treasury Department would administer the vote.

    The temporary regulations in the Rules and Regulations section of this issue of the Federal Register (August 2015 temporary regulations) amend the Income Tax Regulations (26 CFR part 1) relating to the previously reserved paragraph in the June 2015 temporary and proposed regulations regarding the participant vote required under section 432(e)(9)(H).

    The August 2015 temporary regulations specify that a participant vote requires the completion of three steps. First, a package of ballot materials is distributed to eligible voters. Second, the eligible voters cast their votes and the votes are collected and tabulated. Third, the Treasury Department (in consultation with the PBGC and Labor Department) determines whether a majority of the eligible voters has voted to reject the proposed suspension. The August 2015 temporary regulations also provide guidance regarding the statement in opposition to the proposed suspension and allow for the publication of a model ballot. The text of the August 2015 temporary regulations also serves as the text of these proposed regulations.

    Special Analyses

    Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory impact assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations.

    The Regulatory Flexibility Act (RFA) (5 U.S.C. chapter 6) requires an agency to consider whether the rules it proposes will have a significant economic impact on a substantial number of small entities. In this case, the IRS and the Treasury Department believe that the regulations likely would not have a “significant economic impact on a substantial number of small entities.” 5 U.S.C. 605. This certification is based on the fact that the number of small entities affected by this rule is unlikely to be substantial because it is unlikely that a substantial number of small multiemployer plans in critical and declining status will suspend benefits under section 432(e)(9). Pursuant to section 7805(f) of the Code, this notice of proposed rulemaking has been submitted to the Chief Counsel of Advocacy of the Small Business Administration for comment on its impact on small business.

    Comments and Request for a Public Hearing

    Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the Treasury Department and the IRS as prescribed in this preamble under the “Addresses” heading. The Treasury Department and the IRS request comments on all aspects of the proposed rules. All comments will be available for public inspection and copying at www.regulations.gov or upon request. Please Note: All comments will be made available to the public. Do not include any personally identifiable information (such as Social Security number, name, address, or other contact information) or confidential business information that you do not want publicly disclosed. All comments may be posted on the Internet and can be retrieved by most Internet search engines.

    If requested in writing by any person who timely submits written comments on these proposed regulations, a public hearing will be scheduled on the contents of this document. Comments and requests for a public hearing must be received by November 2, 2015. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register. Please see the “Background and Explanation of Provisions” heading for information regarding a public hearing scheduled for September 10, 2015, concerning the June 2015 proposed regulations regarding the Suspension of Benefits under the Multiemployer Pension Reform Act of 2014, during which individuals who have already requested to speak regarding those regulations may also address the substance of these proposed regulations.

    Contact Information

    For general questions regarding these regulations, please contact the Department of the Treasury MPRA guidance information line at (202) 622-1559 (not a toll-free number). For information regarding a specific application for a suspension of benefits, please contact the Department of the Treasury at (202) 622-1534 (not a toll-free number).

    List of Subjects in 26 CFR Part 1

    Income taxes, reporting and recordkeeping requirements.

    Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

    PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Par. 2. Section 1.432(e)(9)-1(h) is amended by revising paragraph (h)(2) and adding paragraphs (h)(3)(iv) and (v) to read as follows:
    § 1.432(e)(9)-1 Benefit suspensions for multiemployer plans in critical and declining status.

    (h) * * *

    (2) Participant vote. [The text of the proposed amendments to § 1.432(e)(9)-1(h)(2) is the same as § 1.432(e)(9)-1T(h)(2) published elsewhere in this issue of the Federal Register.]

    (3) * * *

    (iv) Statement in opposition to the proposed suspension. [The text of the proposed amendments to § 1.432(e)(9)-1(h)(3)(iv) is the same as § 1.432(e)(9)-1T(h)(3)(iv) published elsewhere in this issue of the Federal Register.]

    (v) Model ballot. [The text of the proposed amendments to § 1.432(e)(9)-1(h)(3)(v) is the same as § 1.432(e)(9)-1T(h)(3)(v) published elsewhere in this issue of the Federal Register.]

    John M. Dalrymple, Deputy Commissioner for Services and Enforcement.
    [FR Doc. 2015-21765 Filed 8-31-15; 11:15 am] BILLING CODE 4830-01-P
    DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Part 75 [Docket No. MSHA-2014-0019] RIN 1219-AB78 Proximity Detection Systems for Mobile Machines in Underground Mines AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Mine Safety and Health Administration (MSHA) is proposing to require underground coal mine operators to equip coal hauling machines and scoops with proximity detection systems. Miners working near these machines face pinning, crushing, and striking hazards that result in accidents involving life threatening injuries and death. The proposal would strengthen protections for miners by reducing the potential for pinning, crushing, or striking accidents in underground coal mines. MSHA is also interested in the application of these proposed requirements to underground metal and nonmetal mines.

    DATES:

    Comments must be received or postmarked by midnight Eastern Daylight Saving Time on December 1, 2015.

    ADDRESSES:

    Submit comments and informational materials, identified by RIN 1219-AB78 or Docket No. MSHA-2014-0019, by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Email: [email protected]

    Fax: 202-693-9441.

    Mail: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22209-3939.

    Hand Delivery/Courier: MSHA, 201 12th Street South, Suite 4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal holidays. Sign in at the receptionist's desk on the 4th floor.

    Instructions: All submissions must include MSHA and RIN 1219-AB78 or Docket No. MSHA-2014-0019. Do not include personal information that you do not want publicly disclosed; MSHA will post all comments without change to http://www.regulations.gov and http://www.msha.gov/currentcomments.asp, including any personal information provided.

    Docket: For access to the docket to read comments received, go to http://www.regulations.gov or http://www.msha.gov/currentcomments.asp. To read background documents, go to http://www.regulations.gov. Review the docket in person at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal Holidays. Sign in at the receptionist's desk on the 4th floor.

    Information Collection Supporting Statement: MSHA posts Information Collection Supporting Statements on http://www.regulations.gov and on MSHA's Web site at http://www.msha.gov/regs/fedreg/informationcollection/informationcollection.asp. A copy of the information collection package is also available from the Department of Labor by request to Michel Smyth at [email protected] (email) or 202-693-4129 (voice).

    Preliminary Regulatory Economic Analysis (PREA): MSHA will post the PREA on http://www.regulations.gov and on MSHA's Web site at http://www.msha.gov/rea.htm.

    E-Mail Notification: To subscribe to receive an email notification when MSHA publishes rules, program information, instructions, or policy, in the Federal Register, go to http://www.msha.gov/subscriptions/subscribe.aspx.

    FOR FURTHER INFORMATION CONTACT:

    Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email), 202-693-9440 (voice), or 202-693-9441 (facsimile).

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction A. Regulatory Authority B. Background II. Section-by-Section Analysis A. § 75.1733(a) Machines Covered B. § 75.1733(b) Requirements for Proximity Detection Systems C. § 75.1733(c) Proximity Detection System Checks D. § 75.1733(d) Certification and Records III. Preliminary Regulatory Economic Analysis A. Executive Orders (E.O.) 12866 and 13563 B. Population at Risk C. Net Benefits D. Benefits E. Compliance Costs IV. Feasibility A. Technological Feasibility B. Economic Feasibility V. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act A. Definition of a Small Mine B. Factual Basis for Certification VI. Paperwork Reduction Act of 1995 A. Summary B. Procedural Details VII. Other Regulatory Considerations A. The Unfunded Mandates Reform Act of 1995 B. Executive Order 13132: Federalism C. The Treasury and General Government Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families D. Executive Order 12630: Government Actions and Interference With Constitutionally Protected Property Rights E. Executive Order 12988: Civil Justice Reform F. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. Executive Order 13272: Proper Consideration of Small Entities in Agency Rulemaking VIII. References I. Introduction

    The proposed rule would require underground coal mine operators to equip coal hauling machines and scoops on working sections, except longwall working sections, with proximity detection systems according to a phase-in schedule for newly manufactured and existing equipment. The proposed requirements would strengthen protections for miners by reducing the potential for pinning, crushing, or striking injuries to miners who work near these machines. MSHA is also interested in the application of these proposed requirements to underground metal and nonmetal mines.

    Proximity detection systems consist of machine-mounted components and, if applicable, miner-wearable components. For proximity detection systems with miner-wearable components, the mine operator would be required to provide a miner-wearable component to be worn by each miner on the working section. The proposed rule would establish performance and maintenance requirements for proximity detection systems and would require training for persons performing the installation and maintenance.

    A. Regulatory Authority

    This proposed rule is issued under section 101 of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended.

    B. Background

    Proximity detection is a technology that uses electronic sensors to detect motion or the location of one object relative to another. Proximity detection systems provide a warning and stop mobile machines before a pinning, crushing, or striking accident occurs that could result in injury or death to miners.

    Traditionally, coal hauling machines (shuttle cars, ram cars, and continuous haulage systems) are self-propelled equipment used to transport coal from the working face to a point where the coal is loaded into mine cars or onto a conveyor for transfer to the surface. Scoops are self-propelled general utility vehicles for cleanup of loose coal or debris and moving equipment or supplies. MSHA has evalu