[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Notices]
[Pages 37397-37399]
[FR Doc No: 2012-15212]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9691-2]

Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended

(``Act''), notice is hereby given of a proposed settlement agreement to
address a consolidated set of petitions for review filed by several
parties in the United States Court of Appeals for the District of
Columbia Circuit. Petitioners filed these petitions for review of an
EPA rule that revised the National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines (the RICE
NESHAP). Under the terms of the proposed settlement agreement, EPA
agrees that by May 22, 2012, the Agency will sign a notice of proposed
rulemaking that includes a proposal to revise the RICE NESHAP: (1) To
require management practices for owners and operators of remote
existing non-emergency spark-ignition 4-stroke engines above 500
horsepower located at area sources, and (2) to require owners and
operators of such engines that are not located in remote areas to meet
an equipment standard requiring installation of a catalyst to reduce
emissions of hazardous air pollutants (HAP) and to conduct initial and
annual testing. The notice for proposed rulemaking contemplated in the
settlement agreement has already been signed. Further, under the
agreement, if EPA signs a notice of final action no later than December
14, 2012, that promulgates in final form regulatory text that amends
the RICE NESHAP and that implements substantially the same substance as
set forth in Attachment A to the agreement, then Petitioners shall
promptly file a stipulation of dismissal of the petitions for review.

DATES: Written comments on the proposed settlement agreement must be
received by July 23, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0460, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Michael Horowitz, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    This proposed settlement agreement would potentially resolve
petitions for judicial review filed in the U.S. Court of Appeals for
the District of Columbia Circuit by the following petitioners: American
Petroleum Institute (Doc. No. 10-1334); the Gas Processors Association
(Doc. No. 10-1335); the Interstate Natural Gas Association of America
(Doc No. 10-1337); and Exterran Energy Solutions, L.P., et al., (Doc.
No. 10-1338) (collectively referred to as ``Petitioners''). Petitioners
seek review of a rule promulgating standards that revised the National
Emission Standards for Hazardous Air Pollutants for Reciprocating
Internal Combustion Engines (the RICE NESHAP), 75 FR 51570 (Aug. 20,
2010).
    Petitioners filed petitions for judicial review regarding several
provisions of the final rule. Under the terms of the proposed
settlement agreement, EPA states that it anticipates that, by May 22,
2012, the Agency will sign a notice of proposed rulemaking that
includes a proposal to revise the RICE NESHAP: (1) To require
management practices for owners and operators of remote existing non-
emergency spark-ignition 4-stroke engines above 500 horsepower located
at area sources, and (2) to require owners and operators of such
engines that are not located in a remote location to meet an equipment
standard requiring installation of a catalyst to reduce emissions of
HAP and to conduct initial and annual testing. The notice for proposed
rulemaking contemplated in the settlement agreement has already been
signed and is available on the Agency's Web site. http://www.epa.gov/ttn/oarpg/t3/fr_notices/rice_neshap_recon_prop_052212.pdf.
    Further, under the agreement, if EPA signs a notice of final action
no later than December 14, 2012, that promulgates in final form
regulatory text that amends the RICE NESHAP and implements
substantially the same substance as set forth in Attachment A to the
agreement, then Petitioners shall promptly file a stipulation of
dismissal of the petitions for review. Under the proposed settlement
agreement, if EPA does not take action in accordance with the terms of
the agreement, the Petitioners' sole remedy under the agreement is the
right to request that the Court lift the stay of proceedings and
continue with the adjudication of Petitioners' challenge of the RICE
NESHAP rule. Petitioners have no further remedy under the agreement.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines, based on any comment submitted, that
consent to this settlement agreement should be withdrawn, the terms of
the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-0460) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA Docket Center 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 OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
www.regulations.gov. You may use the www.regulations.gov to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov

without change, unless the comment contains copyrighted material, CBI,
or other information whose disclosure is restricted by statute.
Information claimed as CBI and other information whose disclosure is
restricted by statute is not included in the official public docket or
in the electronic public docket. EPA's policy is that copyrighted
material, including copyrighted material contained in a public comment,
will not be placed in EPA's electronic public docket but will be
available only in printed, paper form in the official public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the EPA Docket Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: June 14, 2012.
Lorie Schmidt,
Associate General Counsel.
[FR Doc. 2012-15212 Filed 6-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44288-44289]
[FR Doc No: 2015-18395]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0662]
RIN 1625-AA00

Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: At various times throughout the month of July, the Coast Guard
will enforce certain safety zones. This action is necessary and
intended for the safety of life and property on navigable waters during
this event. During each enforcement period, no person or vessel may
enter the respective safety zone without the permission of the Captain
of the Port Buffalo.

DATES: The regulations in 33 CFR 165.939(a)(19) will be enforced on
July 26, 2015 from 9 p.m. to 10:30 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Waterways Management Division, Coast Guard Sector
Buffalo, 1 Fuhrmann Blvd. Buffalo, NY 14203; Coast Guard telephone 716-
843-9343, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zones; Annual Events in the Captain of the Port Buffalo Zone listed in
33 CFR 165.939 for the following event:
    (1) Tonawanda's Canal Fest Fireworks, Tonawanda, NY; The safety
zone listed in 33 CFR 165.939(a)(19) will be enforced from 9 p.m. to
10:30 p.m. on July 26, 2015.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within these safety zones during an enforcement period is prohibited
unless authorized by the Captain of the Port Buffalo or his designated
representative. Those seeking permission to enter one of these safety
zones may request permission from the Captain of Port Buffalo via
channel 16, VHF-FM. Vessels and persons granted permission to enter one
of these safety zones shall obey the directions of the Captain of the
Port Buffalo or his designated representative. While within a safety
zone, all vessels shall operate at the minimum speed necessary to
maintain a safe course.
    This notice is issued under authority of 33 CFR 165.939 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of these enforcement periods via Broadcast Notice to
Mariners or Local Notice to Mariners. If the Captain of the Port
Buffalo determines that one of these safety zones 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
respective safety zone.

    Dated: July 14, 2015.
J.P. Higgins,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2015-18395 Filed 7-24-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Page 12341]
[FR Doc No: 2015-05302]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0037]

Drawbridge Operation Regulations; Narrow Bay, Suffolk County, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the Smith Point Bridge
across Narrow Bay, mile 6.1, at Suffolk County, New York. This
deviation is necessary to provide public safety during a public event,
the Smith Point Triathlon. This deviation allows the bridge to remain
closed for two hours on Sunday August 2, 2015, to facilitate the Smith
Point Triathlon.

DATES: This deviation is effective from 7 a.m. through 9 a.m. on August
2, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0037] 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 Ms. Judy K. Leung-Yee, Project
Officer, First Coast Guard District, telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION: The Smith Point Bridge across Narrow Bay,
mile 6.1, at Suffolk County, New York, has a vertical clearance in the
closed position of 18 feet at mean high water and 19 feet at mean low
water. The existing bridge operating regulations are found at 33 CFR
117.799(d).
    The waterway is transited by seasonal recreational vessels of
various sizes.
    The Event Power Triathlon Committee and the owner of the bridge,
Suffolk County Department of Public Works, Parks Department, requested
a temporary deviation from the normal operating schedule to facilitate
public safety during the running of the Smith Point Triathlon.
    Under this temporary deviation the Smith Point Bridge may remain in
the closed position for two hours between 7 a.m. and 9 a.m. on Sunday
August 2, 2015.
    There are no alternate routes for vessel traffic; however, vessels
that can pass under the closed draw during this closure may do so at
all times. The bridge may be opened in the event of an emergency.
    The Coast Guard will inform the users of the waterways 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: February 23, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2015-05302 Filed 3-6-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]
[Page 56660-56661]
[DOCID:fr28se05-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-410-000]

Northern Natural Gas Company; Notice of Application

September 16, 2005.
    Take notice that on September 2, 2005, Northern Natural Gas Company
(Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed in
Docket No. CP05-410-000, an application pursuant to section 7 of the
Natural Gas Act (NGA) to increase the certificated storage capacity of
the Redfield Storage

Field by 2 Bcf to 122 Bcf and to increase the certificated withdrawal
rates to 460 MMcf/d at the Redfield Storage Field located in Dallas
County, Iowa, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. This filing
may be also viewed on the Web at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application may be directed to Michael
T. Loeffler, Director of Certificates for Northern, 1111 South 103rd
Street, Omaha, Nebraska 68124,<PHONE_NUMBER> or Bret Fritch, Senior
Regulatory Analyst, at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, before the
comment date of this notice, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: October 5, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5205 Filed 9-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11645-11647]
[FR Doc No: 2016-04862]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0025; Notice 1]

BMW of North America, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: BMW of North America, LLC (BMW), has determined that certain
model year (MY) 2016 BMW 7 Series passenger cars do not fully comply
with paragraph S<IP_ADDRESS> of Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, reflective devices and associated equipment.
BMW filed a report dated January 21, 2016, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. BMW then
petitioned NHTSA under 49 CFR part 556 requesting a decision that the
subject noncompliance is inconsequential to motor vehicle safety.

DATES: The closing date for comments on the petition is April 4, 2016.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System

(FDMS) Web site at http://www.regulations.gov/. Follow the online
instructions for submitting comments. Comments may also be faxed to
(202) 493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed in the docket and will be considered. All comments and
supporting materials received after the closing date will also be filed
and will be considered to the extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All documents submitted to the docket may be viewed by anyone at
the address and times given above. The documents may also be viewed on
the Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. The docket ID number for this
petition is shown at the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in the
Federal Register published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556), BMW submitted a petition for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential to
motor vehicle safety.
    This notice of receipt of BMW's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are approximately 5,076 MY 2016 BMW
7 Series passenger cars that were manufactured between August 03, 2015
and November 20, 2015.
    III. Noncompliance: BMW states that the rear license plate lamp may
not fully conform to paragraph S<IP_ADDRESS> of FMVSS No. 108 because it
exceeds the illumination ratio specified in that paragraph.
    IV. Rule Text: Paragraph S<IP_ADDRESS> of FMVSS No. 108 requires, in
pertinent part:

    S<IP_ADDRESS> The ratio of the average of the two highest
illumination values divided by the average of the two lowest
illumination values must not exceed 20:1 for vehicles other than
motorcycles and motor driven cycles.

    V. Summary of BMW's Petition: BMW described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
     The out-of-specification lamps satisfy all other
requirements of FMVSS No. 108.
     The out-of-specification lamps only deviate from paragraph
<IP_ADDRESS> of FMVSs No. 108 with regard to the lamp's illumination ratio
and not the lamp's actual illumination.
     Personnel who participated in a company assessment
reported no difference in their visual perception of the simulated
license plates that were used as test specimens.
     BMW has not received any customer complaints related to
the issue.
     BMW is not aware of any accidents or injuries related to
this issue.
     NHTSA has previously granted petitions in which the
illumination of test points remains well above the requirements.
     Vehicle production has been corrected.
    In support of its petition, BMW submitted the following information
pertaining to laboratory testing and analysis of the subject
noncompliance:
    (1) FMVSS No. 108 Lamp Certification: BMW submitted a test report
dated April 7, 2015 pertaining to lamps manufactured by U-SHIN Italia
S.p.A. (U-SHIN) prior to vehicle production. According to BMW, this
report indicates that the lamp satisfies FMVSS No. 108 requirements, as
the ratio of the average of the two highest illumination values divided
by the average of the two lowest illumination values is 14.1, and FMVSS
No. 108 requires that the value be less than 20.
    (2) Evaluation by Measurement Equipment: Both BMW and U-SHIN
performed a number of tests of both in-specification and out-of-
specification lamps to assess the performance of the subject lamps to
the pertinent requirement of FMVSS No. 108. BMW submitted one
representative test report for each test condition. The results are as
follows:

--U-SHIN out-of-specification lamp tests: These showed an illumination
ratio of 22.0. BMW noted, however, that each of the eight (8) test
points satisfies the applicable FMVSS No. 108 photometric
(illumination) requirements.
--BMW out-of-specification lamp tests: BMW performed its own out-of-
specification tests to verify U-SHIN's test results and to obtain
results for the lamps when equipped within a vehicle. These showed an
illumination ratio of 22.2. BMW noted, however, that each of the eight
(8) test points satisfies the applicable FMVSS No. 108 photometric
(illumination) requirements.
--U-SHIN in-specification lamp tests: These showed an illumination
ratio of 13.8. As with the previously described tests, BMW noted,
however, that each of the eight (8) test points satisfies the
applicable FMVSS No. 108 photometric (illumination) requirements.
--BMW in-specification tests: BMW performed their own in-specification
tests to verify U-SHIN's test results and to obtain results for the
lamps when equipped within a vehicle. These showed an illumination
ratio of 13.9. BMW again noted, however, that each of the eight (8)
test points satisfies the applicable FMVSS No. 108 applicable
photometric (illumination) requirements.

    (3) Evaluation by human assessment: In addition to the laboratory
testing performed by both BMW and U-SHIN using specific lamp
measurement equipment, BMW also compared the out-of-specification lamps
to the in-specification lamps via human assessment. BMW performed this
assessment to determine whether or not the condition caused by the non-
compliance was perceptible to other road users (i.e., drivers
approaching an affected vehicle) and, if so, its effect on safety.
    BMW submitted photographs that depict the illumination of a test
specimen simulating a rear license plate by both in-specification and
out-of-specification lamps. According to BMW, while there may be a
slightly perceptible difference in the photographs depicting the test
specimen illuminated by in-specification and out-of-specification
lamps, this is due to tolerances of the camera equipment related to
exposure time and shutter speed. BMW stated that the personnel

who participated in this assessment reported no difference in their
visual perception of the test specimens.
    Additionally, BMW noted that even for the out-of-specification
lamp, all of the eight (8) test points satisfy the applicable FMVSS No.
108 photometric (illumination) requirements. BMW emphasized that the
noncompliance pertains to the illumination ratio, not to the actual
lamp illumination. As a consequence, BMW asserts that while the
noncompliance condition can be measured in a laboratory, it cannot be
detected by the human eye, and therefore drivers of approaching
vehicles will be afforded the same level of visibility as if
approaching a non-affected vehicle. According to BMW, these analyses
support the conclusion that the condition caused by the noncompliance
does not affect the safety of affected vehicle occupants or other road
users such as drivers approaching affected vehicles.
    (4) Field Experience: BMW states that its Customer Relations
division has not received any contacts from vehicle owners regarding
the matter at issue. As a consequence, BMW believes that, consistent
with the results of the laboratory tests and human assessments
described above, the condition is undetectable to road users such as
drivers approaching affected vehicles. BMW further notes that it is not
aware of any accidents or injuries that have occurred as a result of
the condition.
    (5) Prior NHTSA Rulings: BMW states that NHTSA has previously
granted petitions from other manufacturers involving various issues
pertaining to FMVSS No. 108 noncompliance. BMW believes that in some of
those petitions, the photometry (illumination) of the test points
remains well above the FMVSS No. 108 requirements as the noncompliance
has no affect upon the illumination of the test points.
    (6) Vehicle Production: BMW stated that subsequent vehicle
production has been corrected to conform to paragraph <IP_ADDRESS> of FMVSS
No. 108.
    In summation, BMW expressed the belief that the subject
noncompliance is inconsequential to motor vehicle safety, and that its
petition, to exempt BMW from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and remedying the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that BMW no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after BMW
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-04862 Filed 3-3-16; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6775-6777]
[FR Doc No: 2011-2666]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

January 31, 2011.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER93-3-009.
    Applicants: The United Illuminating Company.
    Description: Supplement to Notice of Change in Status of The United
Illuminating Company.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5319.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER98-4109-008; ER99-3426-014; ER01-1178-008; ER03-
175-012; ER03-427-010; ER04-170-012; ER08-100-013; ER09-1453-004; ER09-
1655-003.
    Applicants: El Dorado Energy, LLC; San Diego Gas & Electric
Company; Sempra Energy Resources; Termoelectrica U.S., LLC; Mesquite
Power, LLC; MxEnergy Electric Inc.; Sempra Energy Trading LLC; Gateway
Energy Services Corporation; Fowler Ridge II Wind Farm LLC.
    Description: Notice of Non-Material Change in Status.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5299.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER00-2885-036; ER01-2765-035; ER02-2102-035; ER05-
1232-035; ER07-1113-017; ER09-1141-015.
    Applicants: Cedar Brakes I, L.L.C.; Cedar Brakes II, L.L.C.;
Utility Contract Funding, L.L.C.; J.P. Morgan Ventures Energy
Corporation; BE CA LLC; J.P. Morgan Commodities Canada Corporation.
    Description: JPMorgan Sellers Notice of Non-Material Change in
Status.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5044.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER10-1520-002; ER10-1521-002; ER10-1522-002; ER10-
3028-001.
    Applicants: Occidental Chemical Corporation, Occidental Power
Services, Inc., Elk Hills Power, LLC, Occidental Power Marketing, L.P.
    Description: Notice of Change in Status of Occidental Chemical
Corporation, et. al.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5318.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER11-1870-002.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Consolidated Edison Company of New York, Inc. submits
tariff filing per 35.17(b): Amendment to DR filing to be effective 1/
31/2011.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5001.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-1954-002.
    Applicants: Wisconsin Power and Light Company.
    Description: Wisconsin Power and Light Company submits tariff
filing per 35.17(b): IPL WPL-LBA Second Amendment to be effective 12/
28/2010.
    Filed Date: 01/27/2011.
    Accession Number: 20110127-5153.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 17, 2011.
    Docket Numbers: ER11-2460-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35: Amendment to Tariff Section 4.2 in Docket No. ER11-2460-000 to be
effective 4/1/2011.
    Filed Date: 01/27/2011.
    Accession Number: 20110127-5142.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 17, 2011.

    Docket Numbers: ER11-2795-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: CCSF IA-29th-32nd Quarterly Filing of Facilities
to be effective 4/28/2010.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2796-000.
    Applicants: PacifiCorp.
    Description: Cancellation of PacifiCorp Service Agreement FERC No
644 Volume No. 11 Open Access Transmission Tariff, a Small Generator
Interconnection Agreement Facilities Maintenance Agreement with
Lakeview Cogeneration, LLC.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5304.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER11-2797-000.
    Applicants: Southern Company Services, Inc., Mississippi Power
Company.
    Description: Notice of Cancellation of Network Integration
Transmission Service Agreements of Southern Company Services, Inc.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5315.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: ER11-2798-000.
    Applicants: Unidentified Registered Entity.
    Description: Request for Recovery of Charges of Unidentified
Registered Entity.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-4001.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2799-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35: Compliance Filing for Order No. 676-E to be effective 4/1/2011.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5059.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: ER11-2800-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: SGIA & Service Agreement Sunshine Canyon
Landfill Project SA Nos. 295 and 296 to be effective 2/1/2011.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5132.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Take notice that the Commission received the following land
acquisition reports:
    Docket Numbers: LA10-3-000.
    Applicants: Iberdrola Renewables, Inc.; Atlantic Renewable Projects
II LLC; Barton Windpower LLC; Big Horn Wind Project LLC; Big Horn II
Wind Project LLC; Blue Creek Wind Farm LLC; Buffalo Ridge I LLC;
Buffalo Ridge II LLC; Casselman Windpower LLC; Colorado Green Holdings
LLC; Dillon Wind LLC; Dry Lake Wind Power, LLC; Dry Lake Wind Power II
LLC; Elk River Windfarm, LLC; Elm Creek Wind, LLC; Elm Creek Wind II
LLC; Farmers City Wind, LLC; Flat Rock Windpower LLC; Flat Rock
Windpower II LLC; Flying Cloud Power Partners, LLC; Hardscrabble Wind
Power LLC; Hay Canyon Wind LLC; Juniper Canyon Wind Power LLC; Klamath
Energy LLC; Klamath Generation LLC; Klondike Wind Power LLC; Klondike
Wind Power II LLC; Klondike Wind Power III LLC; Leaning Juniper Wind
Power II LLC; Lempster Wind, LLC; Locust Ridge Wind Farm, LLC; Locust
Ridge Wind Farm II, LLC; MinnDakota Wind LLC; Moraine Wind LLC; Moraine
Wind II LLC; Mountain View Power Partners III, LLC; New Harvest Wind
Project LLC; Northern Iowa Windpower II LLC; Pebble Springs Wind LLC;
Providence Heights Wind, LLC; Rugby Wind LLC; Shiloh I Wind Project,
LLC; Star Point Wind Project LLC; Streator-Cayuga Ridge Wind Power LLC;
Trimont Wind I LLC; Twin Buttes Wind LLC.
    Description: Amended Land Acquisition Report of Iberdrola
Renewables, Inc., et. al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5137.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: Spring Canyon Energy LLC; Judith Gap Energy LLC;
Invenergy TN LLC; Wolverine Creek Energy LLC; Grays Harbor Energy LLC;
Forward Energy LLC; Grand Ridge Energy LLC; Willow Creek Energy LLC;
Sheldon Energy LLC; Hardee Power Partners Limited; Spindle Hill Energy
LLC; Invenergy Cannon Falls LLC; Beech Ridge Energy LLC; Grand Ridge
Energy II LLC; Grand Ridge Energy III LLC; Grand Ridge Energy IV LLC;
Grand Ridge Energy V LLC; Vantage Wind Energy LLC; White Oak Energy
LLC.
    Description: Generation Site Report Fourth Quarter 2010 of Spring
Canyon Energy LLC, et. al.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5158.
    Comment Date: 5 p.m. Eastern Time on Friday, February 18, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: Arthur Kill Power LLC; Astoria Gas Turbine Power LLC;
Bayou

cove Peaking Power LLC; Big Cajun I Peaking Power LLC; Cabrillo Power I
LLC; Cabrillo Power II LLC; Conemaugh Power LLC; Connecticut Jet Power
LLC; Cottonwood Energy Power LLC; Devon Power LLC; Dunkirk Power LLC;
El Segundo Power, LLC; El Segundo Power II LLC; GenConn Devon LLC;
GenConn Energy LLCC; GenConn Middletown LLC; Green Mountain Energy
Company; Huntley Power LLC; Indian River Power LLC; Keystone Power LLC;
Long Beach Generation LLC; Long Beach Peakers LLC; Louisiana Generating
LLC; Middletown Power LLC; Montville Power LLC; NEO Freehold-Gen LLC;
Norwalk Power LLC; NRG Energy Center Dover LLC; NRG Energy Center
Paxton LLC; NRG New Jersey Energy Sales LLC; NRG Power Marketing LLC;
NRG Rockford LLC; NRG Solar Blythe LLC; Oswego Harbor Power LLC;
Saguaro Power Company, A Limited Partnership; Somerset Power LLC;
Vienna Power LLC.
    Description: Supplemental Information/Request of NRG Power
Marketing LLC, Order 697-C Compliance Filing Regarding Site Control and
Request for Waiver.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5138.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: Iberdrola Renewables, Inc.; Atlantic Renewable Projects
II LLC; Barton Windpower LLC; Big Horn Wind Project LLC; Big Horn II
Wind Project LLC; Blue Creek Wind Farm LLC; Buffalo Ridge I LLC;
Buffalo Ridge II LLC; Casselman Windpower LLC; Colorado Green Holdings
LLC; Dillon Wind LLC; Dry Lake Wind Power, LLC; Dry Lake Wind Power II
LLC; Elk River Windfarm, LLC; Elm Creek Wind, LLC; Elm Creek Wind II
LLC; Farmers City Wind, LLC; Flat Rock Windpower LLC; Flat Rock
Windpower II LLC; Flying Cloud Power Partners, LLC; Hardscrabble Wind
Power LLC; Hay Canyon Wind LLC; Juniper Canyon Wind Power LLC; Klamath
Energy LLC; Klamath Generation LLC; Klondike Wind Power LLC; Klondike
Wind Power II LLC; Klondike Wind Power III LLC; Leaning Juniper Wind
Power II LLC; Lempster Wind, LLC; Locust Ridge Wind Farm, LLC; Locust
Ridge Wind Farm II, LLC; MinnDakota Wind LLC; Moraine Wind LLC; Moraine
Wind II LLC; Mountain View Power Partners III, LLC; New Harvest Wind
Project LLC; Northern Iowa Windpower II LLC; Pebble Springs Wind LLC;
Providence Heights Wind, LLC; Rugby Wind LLC; Shiloh I Wind Project,
LLC; Star Point Wind Project LLC; Streator-Cayuga Ridge Wind Power LLC;
Trimont Wind I LLC; Twin Buttes Wind LLC.
    Description: Land Acquisition Report of Iberdrola Renewables, Inc.,
et. al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5139.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Docket Numbers: LA10-4-000.
    Applicants: Alabama Electric Marketing, LLC; Big Sandy Peaker
Plant, LLC; California Electric Marketing, LLC; Crete Energy Venture,
LLC, High Desert Power Project, LLC; Kiowa Power Partners, LLC; Lincoln
Generating Facility, LLC; New Covert Generating Company, LLC; New
Mexico Electric Marketing, LLC; Rolling Hills Generating, L.L.C.;
Tenaska Alabama Partners, L.P.; Tenaska Alabama II Partners, L.P.
Tenaska Frontier Partners, Ltd.; Tenaska Gateway Partners, Ltd; Tenaska
Georgia Partners, L.P.; Tenaska Power Services Co.; Tenaska Virginia
Partners, L.P.; Tenaska Washington Partners, L.P.; Texas Electric
Marketing, LLC; TPF Generation Holdings, LLC; University Park Energy,
LLC; Wolf Hills Energy, LLC.

    Description: Quarterly Land Acquisition Report of Alabama Electric
Marketing, LLC, et. al.
    Filed Date: 01/31/2011.
    Accession Number: 20110131-5140.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 22, 2011.

    Take notice that the Commission received the following qualifying
facility filings:
    Docket Numbers: QF11-125-000.
    Applicants: State University of Iowa.
    Description: University of Iowa's FERC Form 556 Notice of
Certification of Qualifying Facility Status for a Small Power
Production or Cogeneration Facility.
    Filed Date: 01/28/2011.
    Accession Number: 20110128-5310.
    Comment Date: 5 p.m. Eastern Time on Friday, January 28, 2011.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2666 Filed 2-7-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26684-26685]
[FR Doc No: 2020-09607]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0052; FRL-10008-46]

Pesticide Product Registration; Receipt of Applications for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before June 4, 2020.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the File Symbol of the EPA registration
number of interest as shown in the body of this document, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090, email address<EMAIL_ADDRESS>or Michael
Goodis, Registration Division (RD) (7505P), main telephone number:
(703) 305-7090, email address<EMAIL_ADDRESS>The mailing address
for each contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

A. Notice of Receipt--New Uses

    1. EPA Registration Numbers: 279-3124, 279-3126, 279-3426, 279-
9548. Docket ID Number: EPA-HQ-OPP-2019-0651. Applicant: FMC
Corporation, 2929 Walnut Street, Philadelphia, PA 19104. Active
Ingredient: Zeta-cypermethrin. Product Type: Insecticide. Proposed Use:
Basil (fresh and dried leaves); onion, bulb, subgroup 3-07A; onion,
green, subgroup 3-07B; fruit, small, vine climbing, except fuzzy
kiwifruit, subgroup 13-07F; rapeseed subgroup 20A; sunflower subgroup
20B; cottonseed subgroup 20C; quinoa (grain, hay and straw); teff
(forage, grain, hay and straw); individual crops of proposed crop
subgroup 6-18A: Edible podded bean legume vegetable subgroup including
French bean, edible podded; garden bean, edible podded; green bean,
edible podded; scarlet runner bean, edible podded; snap bean, edible
podded; kidney bean, edible podded; navy bean, edible podded; wax bean,
edible podded; asparagus bean, edible podded; catjang bean, edible
podded; Chinese longbean, edible podded; cowpea, edible podded; moth
bean, edible podded; mung bean, edible podded; rice bean, edible
podded; urd bean, edible

podded; yardlong bean, edible podded; goa bean, edible podded; guar
bean, edible podded; jackbean, edible podded; lablab bean, edible
podded; vegetable soybean, edible podded; sword bean, edible podded;
winged pea, edible podded; velvet bean, edible podded; individual crops
of proposed crop subgroup 6-18B: Edible podded pea legume vegetable
subgroup including: Dwarf pea, edible podded; edible podded pea, edible
podded; green pea, edible podded; snap pea, edible podded; snow pea,
edible podded; sugar snap pea, edible podded; grass-pea, edible podded;
lentil, edible podded; pigeon pea, edible podded; chickpea, edible
podded; individual crops of proposed crop subgroup 6-18C: Succulent
shelled bean subgroup including lima bean, succulent shelled; scarlet
runner bean, succulent shelled; wax bean, succulent shelled; blackeyed
pea, succulent shelled; moth bean, succulent shelled; catjang bean,
succulent shelled; cowpea, succulent shelled; crowder pea, succulent
shelled; southern pea, succulent shelled; andean lupin, succulent
shelled; blue lupin, succulent shelled; grain lupin, succulent shelled;
sweet lupin, succulent shelled; white lupin, succulent shelled; white
sweet lupin, succulent shelled; yellow lupin, succulent shelled; broad
bean, succulent shelled; jackbean, succulent shelled; goa bean,
succulent shelled; lablab bean, succulent shelled; vegetable soybean,
succulent shelled; velvet bean, succulent shelled; individual crops of
proposed crop subgroup 6-18D: Succulent shelled pea subgroup including
chickpea, succulent shelled; English pea, succulent shelled; garden
pea, succulent shelled; green pea, succulent shelled; pigeon pea,
succulent shelled; lentil, succulent shelled; individual crops of
proposed crop subgroup 6-18E: Dried shelled bean, except soybean
subgroup including African yam-bean, dry seed; American potato bean,
dry seed; andean lupin bean, dry seed; blue lupin bean, dry seed; grain
lupin bean, dry seed; sweet lupin bean, dry seed; white lupin bean, dry
seed; white sweet lupin bean, dry seed; yellow lupin bean, dry seed;
black bean, dry seed; cranberry bean, dry seed; dry bean, dry seed;
field bean, dry seed; French bean, dry seed; garden bean, dry seed;
great northern bean, dry seed; green bean, dry seed; kidney bean, dry
seed; lima bean, dry seed; navy bean, dry seed; pink bean, dry seed;
pinto bean, dry seed; red bean, dry seed; scarlet runner bean, dry
seed; tepary bean, dry seed; yellow bean, dry seed; adzuki bean, dry
seed; blackeyed pea, dry seed; asparagus bean, dry seed; catjang bean,
dry seed; Chinese longbean, dry seed; cowpea, dry seed; crowder pea,
dry seed; mung bean, dry seed; moth bean, dry seed; rice bean, dry
seed; southern pea, dry seed; urd bean, dry seed; yardlong bean, dry
seed; broad bean, dry seed; guar bean, dry seed; goa bean, dry seed;
horse gram, dry seed; jackbean, dry seed; lablab bean, dry seed; morama
bean, dry seed; sword bean, dry seed; winged pea, dry seed; velvet
bean, seed, dry seed; vegetable soybean, dry seed; individual crops of
proposed crop subgroup 6-18F: Dried shelled pea subgroup including
field pea, dry seed; dry pea, dry seed; green pea, dry seed; garden
pea, dry seed; chickpea, dry seed; lentil, dry seed; grass-pea, dry
seed; pigeon pea, dry seed. Contact: RD.
    2. EPA Registration Number: 279-3618. Docket ID Number: EPA-HQ-OPP-
2017-0187. Applicant: FMC Corporation, 2929 Walnut Street,
Philadelphia, PA 19104. Active Ingredient: Bacillus licheniformis
strain FMCH001 and Bacillus subtilis strain FMCH002. Product Type:
Fungicide/nematicide. Proposed Use: Protection against fungal diseases
and soil nematodes by seed treatment. Contact: BPPD.
    3. EPA Registration Number: 8917-18. Docket ID Number: EPA-HQ-OPP-
2019-0169. Applicant: J.R. Simplot Company, P.O. Box 27, Boise, ID
83707. Active Ingredient: Sulfuric Acid. Product Type: Desiccant.
Proposed Use: Hop Vines. Contact: RD.
    4. EPA Registration Number: 62719-559. Docket ID Number: EPA-HQ-
OPP-2020-0133. Applicant: Dow AgroSciences LLC, 9330 Zionsville Road,
Indianapolis, IN 46268-1054. Active Ingredient: Florasulam. Product
Type: Herbicide MUP. Proposed Use: Grasses (seed crop). Contact: RD.
    5. File Symbol: 84846-RU. Docket ID Number: EPA-HQ-OPP-2020-0146.
Applicant: Spring Regulatory Sciences on behalf of FB Sciences, Inc.,
153 N. Main St. Ste 100, Collierville, TN 38017. Active Ingredient:
Complex Polymeric Polyhydroxy Acids (CPPA). Product Type: Plant Growth/
Nematicide. Proposed Use: Plant growth regulator and nematicide when
applied to foliage, soil and as a seed treatment. Contact: BPPD.

    Authority:  7 U.S.C. 136 et seq.

    Dated: April 14, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-09607 Filed 5-4-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Notices]
[Pages 8768-8769]
[FR Doc No: 2019-04289]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33389; File No. 812-14990]

Macquarie Global Infrastructure Total Return Fund Inc., et al.

March 5, 2019.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 19(b) of
the Act and rule 19b-1 under the Act to permit a registered closed-end
investment company to make periodic distributions of long-term capital
gains more frequently than permitted by section 19(b) or rule 19b-1.

Applicants:  Macquarie Global Infrastructure Total Return Fund Inc.
(``MGU''), Delaware Investments Dividend and Income Fund, Inc.
(``DDF''), each a closed-end investment company registered under the
Act and organized as a corporation under the laws of Maryland, Delaware
Enhanced Global Dividend and Income Fund (``DEX,''), a closed-end
investment company registered under the Act and organized as a
statutory trust under the laws of Delaware, Macquarie Capital
Investment Management LLC (``MCIM''), and Delaware Management Company
(``DMC''), each a subsidiary of Macquarie Group Limited (``Macquarie'')
and an investment adviser registered under the Investment Advisers Act
of 1940 (``Advisers Act''). MCIM serves as investment adviser to

MGU and DMC serves as investment adviser to DDF and DEX.\1\
---------------------------------------------------------------------------

    \1\ Applicants request that the order also apply to each other
registered closed-end investment company advised or to be advised in
the future by DMC or MCIM or by an entity controlling, controlled
by, or under common control (within the meaning of section 2(a)(9)
of the Act) with DCM or MCIM (including any successor in interest)
(each such entity, including MCIM and DMC are the ``Advisers'' and
individually an ``Adviser'') that in the future seeks to rely on the
order (such investment companies, together with MGU, DDF and DEX,
are collectively the ``Funds'' and, individually, a ``Fund''). A
successor in interest is limited to entities that result from a
reorganization into another jurisdiction or a change in the type of
business organization. The requested order would supersede a
previous order (Macquarie Global Infrastructure Total Return Fund
Inc., et al., Investment Company Act Rel. Nos. 28579 (Jan. 6, 2009)
(notice) and 28611 (Feb. 3, 2009) (order)).

Filing Dates:  The application was filed on December 21, 2018, and
---------------------------------------------------------------------------
amended on March 4, 2019.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on March 29, 2019, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to Rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090. Applicants:
2005 Market Street, 9th Floor, Philadelphia, PA 19103-7098.

FOR FURTHER INFORMATION CONTACT:  Bruce R. MacNeil, Senior Counsel at
(202) 551-6817, or Nadya Roytblat, Assistant Chief Counsel, at (202)
551-6825 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Section 19(b) of the Act generally makes it unlawful for any
registered investment company to make long-term capital gains
distributions more than once every twelve months. Rule 19b-1 under the
Act limits to one the number of capital gain dividends, as defined in
section 852(b)(3)(C) of the Internal Revenue Code of 1986 (``Code,''
and such dividends, ``distributions''), that a registered investment
company may make with respect to any one taxable year, plus a
supplemental distribution made pursuant to section 855 of the Code not
exceeding 10% of the total amount distributed for the year, plus one
additional capital gain dividend made in whole or in part to avoid the
excise tax under section 4982 of the Code.
    2. Applicants believe that investors in certain closed-end funds
may prefer an investment vehicle that provides regular current income
through a fixed distribution policy (``Distribution Policy'').
Applicants propose that the Fund be permitted to adopt a Distribution
Policy, pursuant to which the Fund would distribute periodically to its
stockholders a fixed monthly percentage of the market price of the
Fund's common stock at a particular point in time or a fixed monthly
percentage of net asset value (``NAV'') at a particular time or a fixed
monthly amount per share of common stock, any of which may be adjusted
from time to time.
    3. Applicants request an order under section 6(c) of the Act
granting an exemption from section 19(b) of the Act and rule 19b-1 to
permit a Fund to distribute periodic capital gain dividends (as defined
in section 852(b)(3)(C) of the Code) as frequently as twelve times in
any one taxable year in respect of its common stock and as often as
specified by, or determined in accordance with the terms of, any
preferred stock issued by the Fund. Section 6(c) of the Act provides,
in relevant part, that the Commission may exempt any person or
transaction from any provision of the Act to the extent that such
exemption is necessary or appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Act.
    4. Applicants state that any order granting the requested relief
will be subject to the terms and conditions stated in the application,
which generally are designed to address the concerns underlying section
19(b) and rule 19b-1, including concerns about proper disclosures and
shareholders' understanding of the source(s) of a Fund's distributions
and concerns about improper sales practices. Among other things, such
terms and conditions require that (1) the board of directors or
trustees of the Fund (the ``Board'') review such information as is
reasonably necessary to make an informed determination of whether to
adopt the proposed Distribution Policy and that the Board periodically
review the amount of the distributions in light of the investment
experience of the Fund, and (2) that the Fund's shareholders receive
appropriate disclosures concerning the distributions.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-04289 Filed 3-8-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20133-20135]
[FR Doc No: 2021-07868]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-16-000]

Commission Information Collection Activities (FERC-582); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal

Energy Regulatory Commission (Commission or FERC) is soliciting public
comment on the currently approved information collection, FERC-582
(Electric Fees, Annual Charges, Waivers, and Exemptions).

DATES: Comments on the collection of information are due June 15, 2021.

ADDRESSES: You may submit copies of your comments (identified by Docket
No. IC21-16-000) by one of the following methods: Electronic filing
through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-582, Electric Fees, Annual Charges, Waivers, and
Exemptions.
    OMB Control No.: 1902-0132.
    Type of Request: Three-year extension of the FERC-582 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The information required by FERC-582 is contained in
Title 18 Code of Federal Regulations (CFR) parts 381 \1\ and 382. \2\
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    \1\ 18 CFR, Sections 381.105, 381.106, 381.108, 381.302, and
381.305.
    \2\ 18 CFR, Sections 382.102, 382.103, 382.105, 382.106, and
382.201.
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    The Commission uses the FERC-582 to implement the statutory
provisions of the Independent Offices Appropriation Act of 1952 (IOAA)
\3\ which authorizes the Commission to establish fees for its services.
In addition, the Omnibus Budget Reconciliation Act of 1986 (OBRA) \4\
authorizes the Commission to assess and collect fees and annual charges
in any fiscal year in amounts equal to all the costs incurred by the
Commission in that fiscal year.
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    \3\ 31 U.S.C. 9701.
    \4\ 42 U.S.C. 7178.
---------------------------------------------------------------------------

    To comply with the FERC-582, respondents submit to the Commission
the sum of the megawatt-hours (MWh) of all unbundled transmission
(including MWh delivered in wheeling transactions and MWh delivered in
exchange transactions) and the megawatt-hours of all bundled wholesale
power sales (to the extent the bundled wholesale power sales were not
separately reported as unbundled transmission). The data collected in
the FERC-582 are drawn directly from the FERC Form 1(Annual Report of
Major Electric Utilities, Licensees and Others) \5\ transmission data.
The Commission sums the costs of its electric regulatory program and
subtracts all electric regulatory program filing fee collections to
determine the total collectible electric regulatory program costs.
Then, the Commission uses the data submitted under FERC-582 to
determine the total megawatt-hours of transmission of electric energy
in interstate commerce. Respondents (public utilities and power
marketers) subject to these annual charges must submit FERC-582 data to
the Commission by April 30 of each year. \6\ The Commission issues
bills for annual charges to respondents. Then, respondents must pay the
charges within 45 days of the Commission's issuance of the bill.
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    \5\ OMB Control No. 1902-0021, described in 18 CFR 141.1.
    \6\ 18 CFR 382.201.
---------------------------------------------------------------------------

    Respondents file requests for waivers and exemptions of fees and
charges \7\ based on need. The Commission's staff uses the filer's
financial information to evaluate the request for a waiver or exemption
of the obligation to pay a fee or an annual charge.
---------------------------------------------------------------------------

    \7\ 18 CFR parts 381 and 382.
---------------------------------------------------------------------------

    Estimate of Annual Burden: \8\ Due to the reduction in respondents
the Commission estimates the burden and cost \9\ for this information
collection as follows.
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    \8\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR part 1320.
    \9\ The Commission staff estimates that the average respondent
for this collection is similarly situated to the Commission, in
terms of salary plus benefits. Based on FERC's 2020 annual average
of $172,329 (for salary plus benefits), the average hourly cost is
$83/hour.

                                                  FERC-582, Electric Fees, Annual Charges, Waivers, and Exemptions Docket No. IC21-16-000 \10\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Annual number
          Number of respondents              of responses    Total number          Average burden & cost  per response                  Total annual burden  hrs. & cost             Cost per
                                            per respondent   of responses                                                                                respondent
(1)                                                    (2)     (1) x (2) =  (4)..............................................  (3) * (4) = (5)..................................     (5) / (1) =
                                                                       (3)                                                                                (5)
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53.......................................                1              53  2.39 hrs.;.......................................  126.67 hrs.;.....................................         $198.37
                                                                            $198.37..........................................  $10,513.61.......................................
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
---------------------------------------------------------------------------

    \10\ This includes requirements of 18 CFR 381.105 (methods of
payment), 381.106 (waiver), 381.108 (exemption), 381.302
(declaratory order), 381.303 (review of DOE remedial order), 381.304
(DOE denial of adjustment), and 381.305 (OGC interpretation).

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    Dated: April 9, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07868 Filed 4-15-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Proposed Rules]
[Page 68196-68197]
[DOCID:fr23de09-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0803; Directorate Identifier 2009-NE-34-AD]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Auxiliary
Power Units Models GTCP36-150(R) and GTCP36-150(RR)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Honeywell International Inc. auxiliary power units (APU) models
GTCP36-150(R) and GTCP36-150(RR). This proposed AD would require
inspecting the fuel control unit (FCU) differential pressure (Delta P)
sleeve bore for erosion, replacing the FCU if it fails the inspection,
and installing a fuel deflector on the Delta P sleeve of the FCU. This
proposed AD results from eight reports of fuel leakage from the fuel
control unit. We are proposing this AD to prevent fuel leakage in the
APU compartment, which could lead to ignition of fuel vapor, creating a
fire and explosion hazard resulting in injury, and damage to the APU
and the airplane.

DATES: We must receive any comments on this proposed AD by February 22,
2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Roger Pesuit, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, Transport Airplane
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.
    Contact Honeywell International Inc., 111 S. 34th Street, Phoenix,
Arizona 85034-2802; Web site: http://portal.honeywell.com/wps/portal/
aero; telephone No.<PHONE_NUMBER>; international telephone No. (601)
365-3099; for a copy of the service information identified in this
proposed AD.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send us any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0803; Directorate
Identifier 2009-NE-34-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the proposed AD
in light 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
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

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 regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

Discussion

    Over a five-year period, we received eight reports of fuel leakage
from the fuel control unit housing on APUs, models GTCP36-150(R) and
GTCP36-150(RR). Investigation has found that when the Delta P sleeve is
incorrectly positioned inside the fuel control unit housing, a high-
velocity stream of fuel can hit the housing. This high-velocity stream
can cause cavitation, which is a rapid formation and collapse of vapor
pockets in very low-pressure regions of the fuel stream exiting the
Delta P sleeve. This condition accelerates erosion of the fuel control
housing, eventually causing it to leak. Honeywell International Inc.
conducted focused inspections on 228 fuel control unit housings, and
found that 97 of them had evidence of erosion. This condition, if not
corrected, could result in fuel leakage in the APU compartment, which
could lead to ignition of fuel vapor, creating a fire and explosion
hazard resulting in injury, and damage to the APU and the airplane.

Relevant Service Information

    We have reviewed and approved the technical contents of Honeywell
International Inc. Service Bulletin No. 3882840-49-7975, Revision 1,
dated April 10, 2009, that describes procedures for inspecting the FCU
Delta P sleeve bore for erosion, replacing the FCU if it fails the
inspection, and installing a fuel deflector on the Delta P sleeve of
the FCU. Installing this fuel deflector will prevent erosion and
leakage of the fuel control unit housing.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. We are proposing this AD, which would require
inspecting the FCU Delta P sleeve bore for erosion, replacing the FCU
if it fails the inspection, and installing a fuel deflector on the
Delta P sleeve of the FCU. The proposed AD would require you to use the
service information described previously to perform these actions.

Costs of Compliance

    We estimate that this proposed AD would affect four APUs installed
on airplanes of U.S. registry. We also estimate that it would take
about one work-hour per APU to perform the proposed actions, and that
the average labor rate is $80 per work-hour. Required parts would cost
about $201 per APU. Based on these figures, we estimate the total cost
of the proposed AD to U.S. operators to be $1,124.

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 have 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 that the proposed 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); and
    3. Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the
Federal Aviation Administration 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.

Sec.  39.13  [Amended]

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

Honeywell International Inc. (formerly AlliedSignal Inc., formerly
Garrett Auxiliary Power Division): Docket No. FAA-2009-0803;
Directorate Identifier 2009-NE-34-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by February 22,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Honeywell International Inc. Auxiliary
Power Units (APU) models GTCP36-150(R) and GTCP36-150(RR). These
APUs are installed on, but not limited to, Fokker Services B.V.
Model F.28 Mark 0100, and F.28 Mark 0070 airplanes.

Unsafe Condition

    (d) This AD results from eight reports of fuel leakage from the
fuel control unit. We are issuing this AD to prevent fuel leakage in
the APU compartment, which could lead to ignition of fuel vapor,
creating a fire and explosion hazard resulting in injury, and damage
to the APU and the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed at the next shop visit of the APU, or the next shop
visit of the APU fuel control unit, or before the APU accumulates an
additional 4,000 operating hours, whichever occurs first after the
effective date of this AD, unless the actions have already been
done.

Inspection of the Fuel Control Unit (FCU) Differential Pressure (Delta
P) Sleeve Bore

    (f) Inspect the FCU Delta P sleeve bore for erosion. Use
paragraphs 3.B.(1) through 3.B.(4) of Honeywell International Inc.
Service Bulletin (SB) No. 3882840-49-7975, Revision 1, dated April
10, 2009, to do the inspection:
    (1) If the erosion in the Delta P sleeve bore is 0.030 inch or
more in depth, replace the FCU housing.
    (2) If the erosion in the Delta P sleeve bore is less than 0.030
inch in depth, the FCU housing is acceptable for use.

Installation of Fuel Deflector

    (g) Install fuel deflector, part number 70720001-1, onto the
Delta P sleeve of the FCU. Use paragraphs 3.B(5) through 3.B.(9) of
Honeywell International Inc. SB No. 3882840-49-7975, Revision 1,
dated April 10, 2009, to do the installation.

Alternative Methods of Compliance

    (h) The Manager, Los Angeles Aircraft Certification Office, has
the authority to approve alternative methods of compliance for this
AD if requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) Contact Roger Pesuit, Aerospace Engineer, Los Angeles
Aircraft Certification Office, FAA, Transport Airplane Directorate,
3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
for more information about this AD.
    (j) Contact Honeywell International Inc., 111 S. 34th Street,
Phoenix, Arizona 85034-2802; Web site: http://portal.honeywell.com/
wps/portal/aero; telephone No.<PHONE_NUMBER>; international
telephone No.<PHONE_NUMBER>; for a copy of the service information
referenced in this AD.

    Issued in Burlington, Massachusetts, on December 16, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-30512 Filed 12-22-09; 8:45 am]

BILLING CODE 4910-13-P