Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules 17461 

operators to be $42,075, or $765 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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. 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. 

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. Amend § 39.13 by adding the 

following new airworthiness directive 

(AD): 

Bombardier, Inc.: Docket No. FAA–2014– 

0146; Directorate Identifier 2013–NM– 

243–AD. 

(a) Comments Due Date 

We must receive comments by May 12, 

2014. 

(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 

4063 through 4118 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Reason 

This AD was prompted by fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent the potential 

of ignition sources inside fuel tanks, which, 

in combination with flammable fuel vapors, 

could result in fuel tank explosions and 

consequent loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Replacement 

Within 6,000 flight hours or 36 months, 

whichever occurs first, after the effective date 

of this AD: Replace fitting part number (P/N) 

82822074–951 with new P/N 82822074–009, 

in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–28–12, Revision A, dated June 20, 2013. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD using Bombardier Service 

Bulletin 84–28–12, dated July 23, 2012, 

which is not incorporated by reference in this 

AD. 

(i) 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) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or the DAH with a State 

of Design Authority’s design organization 

approval). For a repair method to be 

approved, the repair approval must 

specifically refer to this AD. You are required 

to ensure the product is airworthy before it 

is returned to service. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2013–32, dated 

October 8, 2013, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating it in Docket No. 

FAA–2014–0146. 

(2) 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 thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 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. 

Issued in Renton, Washington, on March 

17, 2014. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–06563 Filed 3–27–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0172; Directorate 

Identifier 2013–NM–222–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Embraer S.A. Model ERJ 170 airplanes. 

This proposed AD was prompted by 


emcdonald on DSK67QTVN1PROD with PROPOSALS
17462 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules 

reports of ‘‘BLEED 1(2) LEAK’’ messages 

displayed on the Engine Indication and 

Crew Alert System (EICAS), and 

indirect damage to components of the 

Electrical Wiring Interconnection 

System (EWIS) in the engine pylon area. 

This proposed AD would require 

inspecting the EWIS components for 

damage, and repair if necessary. This 

proposed AD would also require 

installing pre-cooler deflectors on the 

left- and right-hand pylons, and 

applying silicone sealant. We are 

proposing this AD to prevent indirect 

damage to EWIS components near the 

engine bleed air pre-coolers, which 

could result in a dual engine roll back 

to idle and consequent dual engine 

power loss and reduced controllability 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by May 12, 2014. 

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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Embraer S.A., 

Technical Publications Section (PC 

060), Av. Brigadeiro Faria Lima, 2170— 

Putim—12227–901 Sa ̃o Jose dos 

Campos—SP—BRASIL; telephone +55 

12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email distrib@

embraer.com.br; 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. 

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– 

0172; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

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: 

Kathrine Rask, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–2180; 

fax 425–227–1320. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0172; Directorate Identifier 

2013–NM–222–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2013–11–01, 

effective November 4, 2013 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Embraer S.A. Model ERJ 170 

airplanes. The MCAI states: 

This [ANAC] AD results from reports of 

‘‘BLEED 1(2) LEAK’’ messages being 

displayed on the Engine Indication and Crew 

Alert system (EICAS) panel, and indirect 

damages to components of the Electrical 

Wiring Interconnection System (EWIS) on the 

engine pilone area, zones 419 and 429, 

adjacent to the exhaust flange of the engine 

bleed air precooler. 

Further investigation has shown that a 

leakage on the flange of the precooler 

refrigerating air exhaust duct caused the 

damage and triggered the message. We are 

issuing this [ANAC] AD to prevent EWIS 

components indirect damage, near to engine 

bleed air precooler, which could result in a 

dual engine roll back to idle and the 

consequent dual engine power loss. 

Required actions include inspecting the 

EWIS components adjacent to the leftand right-hand pre-cooler for damage, 

and repair if necessary; installing precooler deflectors on the left- and righthand pylons, and applying silicone 

sealant. You may examine the MCAI in 

the AD docket on the Internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2014– 

0172. 

Relevant Service Information 

Embraer has issued EMBRAER 

Service Bulletin 170–36–0019, dated 

August 23, 2011; and Subject 20–62–00, 

‘‘Requirements for EWIS Components 

Inspections and Checks—Maintenance 

Practices’’ of EMBRAER 170/175/190/

195 Standard Wiring Practices Manual 

SWPM–1590, Revision 25, dated June 3, 

2013. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of this Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 181 products of U.S. 

registry. 

We also estimate that it would take 

about 6 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $366 per 

product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $158,556, or $876 

per product. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed AD. 

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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules 17463 

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 above, 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; 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. 

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. Amend § 39.13 by adding the 

following new AD: 

Embraer S.A.: Docket No. FAA–2014–0172; 

Directorate Identifier 2013–NM–222–AD. 

(a) Comments Due Date 

We must receive comments by May 12, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Embraer S.A. Model 

ERJ 170–100 LR, –100 STD, –100 SE., and 

–100 SU airplanes; and Model ERJ 170–200 

LR, –200 SU, and –200 STD airplanes; 

certificated in any category; as identified in 

EMBRAER Service Bulletin 170–36–0019, 

dated August 23, 2011. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 36, Pneumatic. 

(e) Reason 

This AD was prompted by reports of 

‘‘BLEED 1(2) LEAK’’ messages displayed on 

the Engine Indication and Crew Alert System 

(EICAS), and indirect damage to components 

of the Electrical Wiring Interconnection 

System (EWIS) in the engine pylon area. We 

are issuing this AD to prevent indirect 

damage to EWIS components near the engine 

bleed air pre-coolers, which could result in 

a dual engine roll back to idle and 

consequent dual engine power loss and 

reduced controllability of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions and Compliance Time 

Within 8,000 flight cycles or 12,000 flight 

hours after the effective date of this AD, 

whichever occurs later, do the actions 

specified in paragraphs (g)(1), (g)(2), and 

(g)(3) of this AD. 

(1) Do a general visual inspection of the 

EWIS components adjacent to the left- and 

right-hand pre-coolers (zones 419 and 429 

respectively) for damage, in accordance with 

the instructions specified in Subject 20–62– 

00, ‘‘Requirements for EWIS Components 

Inspections and Checks—Maintenance 

Practices,’’ of EMBRAER 170/175/190/195 

Standard Wiring Practices Manual SWPM– 

1590, Revision 25, dated June 3, 2013. Repair 

all damage before further flight, in 

accordance with the instructions specified in 

Subject 20–62–00, ‘‘Requirements for EWIS 

Components Inspections and Checks — 

Maintenance Practices,’’ of EMBRAER 170/

175/190/195 Standard Wiring Practices 

Manual SWPM–1590, Revision 25, dated 

June 3, 2013. 

(2) Install a new deflector on the left- and 

right-hand pre-cooler exhaust flange, in 

accordance with Part I or Part III, as 

applicable, of the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–36–0019, dated August 23, 2011. 

(3) Apply high temp silicone sealant to the 

left- and right-hand pre-cooler, in accordance 

with Part II or IV, as applicable, of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 170–36–0019, dated August 

23, 2011. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD using the service information 

specified in paragraph (h)(1) or (h)(2) of this 

AD. 

(1) Subject 20–62–00, ‘‘Requirements for 

EWIS Components Inspections and Checks— 

Maintenance Practices,’’ of EMBRAER 170/

175/190/195 Standard Wiring Practices 

Manual SWPM–1590, Revision 23, dated 

October 8, 2012, which is not incorporated 

by reference in this AD. 

(2) Subject 20–62–00, ‘‘Requirements for 

EWIS Components Inspections and Checks— 

Maintenance Practices,’’ of EMBRAER 170/

175/190/195 Standard Wiring Practices 

Manual SWPM–1590, Revision 24, dated 

February 18, 2013, which is not incorporated 

by reference in this AD. 

(i) 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: 

Kathrine Rask, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–2180; fax 425–227–1320. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. 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) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or the DAH with a State 

of Design Authority’s design organization 

approval, as applicable). You are required to 

ensure the product is airworthy before it is 

returned to service. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Brazilian 

Airworthiness Directive 2013–11–01, 

effective November 4, 2013, for related 

information. This MCAI may be found in the 

AD docket on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2014–0172. 

(2) For service information identified in 

this AD, contact Embraer S.A., Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170–Putim–12227–901 Sa ̃o Jose 

dos Campos–SP—BRASIL; telephone +55 12 

3927–5852 or +55 12 3309–0732; fax +55 12 


emcdonald on DSK67QTVN1PROD with PROPOSALS
17464 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Proposed Rules 

1Office of the Inspector General, FHWA Provides 

Sufficient Guidance and Assistance to Implement 

the Highway Safety Improvement Program but 

Could Do More to Assess Program Results, Report 

Number: MH–2013–055. March 26, 2013 is 

available at the following Internet Web site: http:// 

3927–7546; email distrib@embraer.com.br; 

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. 

Issued in Renton, Washington, on March 

19, 2014. 

Ross Landes. 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–06913 Filed 3–27–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 924 

[Docket No. FHWA–2013–0019] 

RIN 2125–AF56 

Highway Safety Improvement Program 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The purpose of this notice of 

proposed rulemaking (NPRM) is to 

propose changes to Highway Safety 

Improvement Program (HSIP) 

regulations to address provisions in the 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21) as well as to 

incorporate clarifications to better 

explain existing regulatory language. 

Specifically, this rule proposes to 

amend DOT’s regulations to address 

MAP–21 provisions that removed the 

requirement for States to prepare a 

Transparency Report, removed the High 

Risk Rural Roads set-aside, and removed 

the 10 percent flexibility provision for 

States to use safety funding in 

accordance with federal law. This rule 

also proposes to amend DOT’s 

regulations to address a MAP–21 

provision that requires DOT to establish 

a subset of roadway data elements that 

are useful to the inventory of roadway 

safety, and to ensure that States adopt 

and use the subset. Finally, this rule 

proposes to address MAP–21 provisions 

that add State Strategic Highway Safety 

Plan update requirements and require 

States to develop HSIP performance 

targets. The proposed changes are 

intended to clarify the regulation for the 

development, implementation, and 

evaluation of highway safety 

improvement programs that are 

administered in each State. 

DATES: Comments must be received on 

or before May 27, 2014. 

ADDRESSES: Mail or hand deliver 

comments to the U.S. Department of 

Transportation, Dockets Management 

Facility, 1200 New Jersey Avenue SE., 

Washington, DC 20590, or submit 

electronically at http:// 

www.regulations.gov. All comments 

should include the docket number that 

appears in the heading of this 

document. All comments received will 

be available for examination and 

copying at the above address from 9 

a.m. to 5 p.m., e.t., Monday through 

Friday, except Federal holidays. Those 

desiring notification of receipt of 

comments must include a selfaddressed, stamped postcard or may 

print the acknowledgment page that 

appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70, Pages 19477–78) or you 

may visit http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen Scurry, Office of Safety, 

karen.scurry@dot.gov; or William 

Winne, Office of the Chief Counsel, 

william.winne@dot.gov, Federal 

Highway Administration, 1200 New 

Jersey Ave. SE., Washington, DC 20590. 

Office hours are from 8:00 a.m. to 4:30 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing 

You may submit or access all 

comments received by the DOT online 

through: http://www.regulations.gov. 

Electronic submission and retrieval help 

and guidelines are available on the Web 

site. It is available 24 hours each day, 

365 days each year. Please follow the 

instructions. An electronic copy of this 

document may also be downloaded 

from the Federal Register’s home page 

at: http://www.federalregister.gov. 

Executive Summary 

I. Purpose of the Regulatory Action 

The Moving Ahead for Progress in the 

21st Century Act (MAP–21) (Pub. L. 

112–141) continues the Highway Safety 

Improvement Program (HSIP) under 

section 148, title 23 of the United States 

Code (U.S.C.) as a core Federal-aid 

program with the purpose to achieve a 

significant reduction in fatalities and 

serious injuries on all public roads. The 

MAP–21 amends the HSIP by requiring 

the DOT to establish several new 

requirements and remove several 

provisions that were introduced under 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). A revision to 23 

CFR 924 is necessary to align with the 

MAP–21 provisions and clarify existing 

program requirements. 

A key component of this proposal is 

the requirement for States to collect and 

use a set of proposed roadway data 

elements for all public roadways, 

including local roads. Example 

proposed data elements include 

elements to classify and delineate 

roadway segments (e.g., beginning and 

end point descriptors), elements to 

identify roadway physical 

characteristics (e.g., median type and 

ramp length), and elements to identify 

traffic volume. The purpose of this 

proposal, in addition to satisfying a 

statutory requirement, is to improve 

States’ ability to estimate expected 

number of crashes at roadway locations, 

with the ultimate goal to improve States’ 

allocation of safety resources. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

This NPRM proposes to remove all 

existing references to the High Risk 

Rural Roads Program, 10 percent 

flexibility provisions, and transparency 

reports since MAP–21 eliminated these 

provisions. 

The MAP–21 also requires the DOT to 

establish the update cycle for Strategic 

Highway Safety Plans (SHSP) [23 U.S.C. 

148(d)(1)(A)], the content and schedule 

for the HSIP report [23 U.S.C. 148(h)(2)], 

and a subset of model roadway elements 

(a.k.a. Model Inventory of Roadway 

Elements (MIRE) fundamental data 

elements (FDE)) [23 U.S.C. 148(e)(2)(A)]. 

The NPRM proposes a 5-year SHSP 

update cycle, consistent with current 

practice in most States. The DOT 

proposes States continue to submit their 

HSIP reports on annual basis, by August 

31 each year. In addition to existing 

reporting requirements and the 

proposed changes noted above, the DOT 

proposes that State DOTs document 

their safety performance targets in their 

annual HSIP report, and describe 

progress to achieve those safety 

performance targets in future HSIP 

reports. The DOT also proposes States 

use the HSIP online reporting tool to 

submit their annual HSIP reports, 

consistent with the Office of the 

Inspector General’s recommendations in 

the recent HSIP Audit.1 Currently, a 


emcdonald on DSK67QTVN1PROD with PROPOSALS