[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]
[Page 63742]
[DOCID:fr27oc08-97]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Roundtable on Mark-to-Market
Accounting on Wednesday, October 29, 2008 beginning at 9 a.m.
    The Roundtable will take place in the Auditorium of the
Commission's headquarters at 100 F Street, NE., Washington DC. The
Roundtable will be open to the public with seating on a first-come,
first-served basis. Doors will open at 8:30 a.m. Visitors will be
subject to security checks.
    The roundtable will consist of an open discussion on implications
of mark-to-market accounting on the recent period of market turmoil.
The roundtable will be organized as two panels, each consisting of
investors, issuers, auditors and other parties with experience in mark-
to-market accounting.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: October 21, 2008.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E8-25428 Filed 10-24-08; 8:45 am]

BILLING CODE 8011-01-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS), for the regulations published at 40 CFR part 60, subpart HH were proposed on May 3, 1977, and promulgated on April 26, 1984, and amended on October 17, 2000 ( 65 FR 61760). These regulations apply to each rotary lime kiln used in the manufacturing of lime, which commended construction, or modification after May 3, 1977. The standards do not apply to facilities used in the manufacture of lime at kraft pulp mills. This information is being collected to assure compliance with 40 CFR part 60, subpart HH.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/ operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NSPS.

Any owner/ operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) regional office.

Based on our consultations with industry representatives, there is an average of 2.47 affected facilities at each plant site and each plant site has only one respondent ( i. e., the owner/ operator of the plant site).

Approximately 41 respondents are currently subject to the regulation, and it is estimated that no additional respondents per year will become subject to the regulation in the next three years.

The Office of Management and Budget ( OMB) approved the current Information Collection Request ( ICR) without any " Terms of Clearance." 2 2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, section 114( a) states that the Administrator may require any owner/ operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, particulate matter emissions from rotary lime kilns cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart HH.

2( b) Practical Utility/ Users of the Data The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings. 3 Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standard. Continuous emission monitors are used to ensure compliance with the standard at all times. During the performance test, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the standards are being met. The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/ maintenance procedures and for compliance determinations.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart HH.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( 70 FR 24020) on May 6, 2005. No comments were received on the burden published in the Federal Register.

3( c) Consultations For the information collection, we referenced the most recent ICR, consulted with the preparer of the active ICR, and used other resources to obtain the most recent data available. We reviewed information available from the United States Census Bureau, U. S. Department of the Interior, U. S. Geological Survey, the Air facility System ( AFS), and websites covering lime manufacturing plants. We also consulted with the EPA's Office of Air Quality Planning and 4 standards, Information Transfer, the Program Integration Division, and the National Lime Association, Mr. Eric Males, ( 703) 908 0772.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are lime manufacturing plants. The United States Standard Industrial Classification ( SIC), codes for the respondent affected by the standards are SIC 3274, which corresponds to the North American Industry Classification System ( NAICS) 327410 for Lime Manufacturing.

( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5. 5 ( i) Data Items All data in this ICR that is recorded and/ or reported is required by NSPS Lime Manufacturing ( 40 CFR part 60, subpart HH).

A source must make the following reports:

Notifications Standard Citation by Sections Notification of construction/ reconstruction 60.7( a)( 1)

Notification of actual startup 60.7( a)( 3)

Notification of any physical or operational change 60.7( a)( 4)

Notification of demonstration of continuous monitoring system ( CMS) 60.7( a)( 5)

Notification of the anticipated date of the performance test 60.7( a)( 6)

Notification that continuous monitoring system data will be used to determine compliance 60.7( a)( 7)

Initial performance test results 60.8( a)

Semiannual excess emissions report 60.7( c)

A source must make the following reports:

Recordkeeping Record of startup, shutdown, and malfunctions 60.7( b)

Records are required to be retained for two years 60.7( f)

Observe and record Method 9 opacities 60.344( b)( 4) and 60.11( b)

Electronic Reporting At the present, respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must evaluate the data, this internal automation has significantly reduced the burden associated with monitoring and recordkeeping at the plant site.

Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically. However, electronic reporting systems are still not 6 widely used. At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, Reference Method 9 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS). 7 5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source= s initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/ operator for two years.

5( c) Small Entity Flexibility A majority of the respondents are large entities ( i. e., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH).

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the 8 concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 3,773 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of this regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses the following labor rates:

Managerial $ 97.46 ($ 46.41 + 110%) Technical $ 83.71 ($ 39.86 + 110%) Clerical $ 42.55 ($ 20.26 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005, " Table 2. Civilian Workers, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage. 9 ( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Cost Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Capital/ Startup Cost for One Respondent ( C) Number of New Respondents ( D) Total Capital/ Startup Cost, ( B X C) ( E) Annual O& M Costs for One Respondent ( F) Number of Respondents with O& M ( G) Total O& M, ( E X F)

Continuous Opacity Monitor $ 15,000 0 $ 0 $ 1,500 41 $ 61,500 The total capital/ startup costs for this ICR are zero. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 61,500. This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 62,000 ( rounded). This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars 6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 15,292.

This cost is based on the average hourly labor rate as follows:

Managerial $ 56.02 ( GS 13, Step 5, $ 35.01 x 1.6) Technical $ 41.57 ( GS 12, Step 1, $ 25.98 x 1.6) Clerical $ 22.50 ( GS 6, Step 3, $ 14.06 x 1.6) 10 These rates are from the Office of Personnel Management ( OPM) " 2005 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH).

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, on average over the next three years, approximately 41 existing respondents will be subject to the standard. It is estimated that no additional respondents per year will become subject. The overall average number of respondents, as shown in the table below is 41 per year.

The number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of New Respondents ( B) Number of Existing Respondents ( C) Number of Existing Respondents That Keep Records but Do Not Submit Reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ C D)

1 0 41 0 0 41 2 0 41 0 0 41 3 0 41 0 0 41 Average 0 41 0 0 41 . To avoid double counting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 41. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Notification of actual startup 0 1 0 0 11 Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Notification of initial performance test 0 1 0 0 Notification of any physical or operational changes 0 1 0 0 Notification of demonstration of CMS 0 1 0 0 Notification that continuous monitoring system ( CMS) 0 1 0 0 Semiannual excess emission report 41 2 0 82 Total 82 The number of Total Annual Responses is 82. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

6( e) Bottom Line Burden Hours and Cost Tables The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.

( i) Respondent Tally The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 304,556. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost, NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 46 hours per response The total annual capital/ startup and O& M costs to the regulated entity are $ 62,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The cost calculations are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

( ii) The Agency Tally The average annual Agency burden and cost over next three years is estimated to be 377 labor hours at a cost of $ 15,292. See Table 2. Annual Agency Burden and Cost, NSPS for Lime Manufacturing ( 40 CFR Part 60, Subpart HH). 12 6( f) Reasons for Change in Burden The increase in burden from the most recently approved ICR is due to the fact that we are now accounting for management and clerical person hours per year, which was not shown in the previous ICR. However, there is a decrease in the number of respondents as compared to the active ICR. After conducting a thorough analysis with the National Lime Association, and using the most updated reports from the U. S. Department of the Interior and the U. S. Geological Survey dated ( December 2004), we arrived at the figure of forty one as the number of sources, as compared to fifty three in the previous ICR.

There is however, a decline in the reporting and recordkeeping burden cost. The reason for the decline is because there are no new sources expected over the next three years and the adjustment to the number of existing sources as compared to the previous ICR.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 46 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2005 0028, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, N. W., Washington, D. C. 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 Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, to access the index listing of the contents of the public docket, and to access those 13 documents in the public docket that are available electronically. When in the system, select " search", then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OECA 2005 0028 and OMB Control Number 2060 0063 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Pages 48201-48202]
[FR Doc No: 2012-19471]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership in the National Parks Overflights Advisory Group
Aviation Rulemaking Committee

AGENCY: Federal Aviation Administration, Transportation.

ACTION: Notice.

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SUMMARY: By Federal Register notice (See 77 FR 27835-27836; May 11,
2012) the National Park Service (NPS) and the Federal Aviation
Administration (FAA) invited interested persons to apply to fill six
upcoming openings on the National Parks Overflights Advisory Group
(NPOAG) Aviation Rulemaking Committee (ARC). The notice invited
interested persons to apply to fill six vacancies representing
commercial air tour operators (2), general aviation (1), Native
American tribal (1), and environmental (2) concerns due to the
incumbent members' completion of three-year term appointments on
October 9, 2012. This notice informs the public of the persons selected
to fill five of the six vacancies on the NPOAG ARC. Vacancies filled
include the two commercial tour operator openings, the general aviation
opening, the tribal opening, and one of the environmental openings.
Since the previous notice did not draw enough responses from
individuals for the remaining environmental vacancy, NPS and FAA are
also using this notice to invite other interested individuals to apply
for the remaining environmental opening. If you responded to the
initial notice for the environmental openings, you will still be under
consideration and need not re-apply.

DATES: Persons interested in applying for the remaining NPOAG opening
representing environmental concerns need to apply by September 12,
2012.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, Special Programs Staff,
Federal Aviation Administration, Western-Pacific Region Headquarters,
P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181. The Act required the
establishment of the advisory group within 1 year after its enactment.
The NPOAG was established in March 2001. The advisory group is
comprised of a balanced group of representatives of general aviation,
commercial air tour operations, environmental concerns, and Native
American tribes. The Administrator of the FAA and the Director of NPS
(or their designees) serve as ex officio members of the group.
Representatives of the Administrator and Director serve alternating 1-
year terms as chairman of the advisory group.
    In accordance with the Act, the advisory group provides ``advice,
information, and recommendations to the Administrator and the
Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''

Membership

    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American interests. Current members of the NPOAG
ARC are as follows:
    Heidi Williams representing general aviation; Alan Stephen, Elling
Halvorson, and Matthew Zuccaro representing commercial air tour
operators; Chip Dennerlein, Greg Miller, Kristen Brengel, and Dick
Hingson representing environmental interests; and Rory Majenty and Ray
Russell representing Native American tribes.

Selection

    Selected to fill the air tour operator vacancies, for additional
terms, are returning members Alan Stephen and Matthew Zuccaro. Selected
to fill the general aviation vacancy is returning member Heidi
Williams. Selected to fill the Native American opening is new member
Martin Begaye. Selected to fill one of the environmental vacancies is
returning member Greg Miller. These members' new or additional terms
begin on October 10, 2012. The term of service for NPOAG ARC members is
3 years.

Additional Opening

    In order to retain balance within the NPOAG ARC with one remaining
opening, the FAA and NPS invite persons interested in representing
environmental concerns on the ARC to contact Mr. Barry Brayer (contact
information is written above in FOR FURTHER INFORMATION CONTACT).
    Requests to serve on the ARC must be made to Mr. Brayer in writing
and postmarked or emailed on or before September 12, 2012. The request
should indicate whether or not you are a member of an association or
group related to environmental issues or concerns or have another
affiliation with issues relating to aircraft flights over national
parks. The request should also state what expertise you would bring to
the NPOAG ARC as related to

environmental concerns. The term of service for NPOAG ARC members is 3
years.

    Issued in Hawthorne, CA, on July 30, 2012.
Barry Brayer,
Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2012-19471 Filed 8-10-12; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Rules and Regulations]
[Pages 67860-67862]
[FR Doc No: 2019-26610]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0549; Airspace Docket No. 19-AGL-22]
RIN 2120-AA66

Amendment of Class D and E Airspace; Alpena, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D airspace, the Class E surface
airspace, the Class E airspace designated as an extension to Class D
and Class E surface airspace, and the Class E airspace extending upward
from 700 feet above the surface at Alpena County Regional Airport,
Alpena, MI. This action is due to an airspace review caused by the
decommissioning of the Au Sable VHF omnidirectional range (VOR)
navigation aid, which provided navigation information for the
instrument procedures at this airport, as part of the VOR Minimum
Operational Network (MON) Program. The name of MidMichigan Medical
Center-Alpena, Alpena MI, is also being updated to coincide with the
FAA's aeronautical database. Airspace redesign is necessary for the
safety and management of instrument flight rules (IFR) operations at
this airport.

DATES: Effective 0901 UTC, March 26, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class D airspace, the Class E surface airspace, the
Class E airspace designated as an extension to Class D and Class E
surface airspace, and the Class E

airspace extending upward from 700 feet above the surface at Alpena
County Regional Airport, Alpena, MI, to support IFR operations at this
airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 35047; July 22, 2019) for Docket No. FAA-2019-0549 to
amend the Class D airspace, the Class E surface airspace, the Class E
airspace designated as an extension to Class D and Class E surface
airspace, and the Class E airspace extending upward from 700 feet above
the surface at Alpena County Regional Airport, Alpena, MI. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11D, dated
August 8, 2019, and effective September 15, 2019, which is incorporated
by reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class D airspace to within a 4.3-mile radius (decreased
from a 4.4-mile radius) of Alpena County Regional Airport, Alpena, MI;
and updates the outdated term ``Airport/Facility Directory'' with
``Chart Supplement'';
    Amends the Class E surface airspace to within a 4.3-mile radius
(decreased from a 4.4-mile radius) of Alpena County Regional Airport;
adds a 3,200 MSL altitude limit to the airspace legal description;
removes the Alpena VORTAC and associated extensions from the airspace
legal description; and updates the outdated term ``Airport/Facility
Directory'' with ``Chart Supplement'';
    Amends the Class E airspace designated as an extension to Class D
and Class E surface areas at Alpena County Regional Airport by amending
the extension to the north to within 4.8 mile west and 3 miles east of
the Alpena VORTAC 355[deg] radial extending from the 4.3 mile radius of
the Alpena County Regional Airport to 7 miles north of the Alpena
VORTAC; and removes the extension to the south from the airspace legal
description as it is no longer needed;
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 6.8-mile radius (decreased from a 7-mile
radius) of the Alpena County Regional Airport; removes the FELPS NDB
and the associated extension from the airspace legal description; adds
an extension 10 miles west and 6 miles east of the Alpena VORTAC
355[deg] radial extending from the 6.8-mile radius of the Alpena County
Regional Airport to 10 miles north of the Alpena VORTAC; adds an
extension 3.9 miles each side of the Alpena VORTAC 194[deg] radial
extending from the 6.8-mile radius of the Alpena County Regional
Airport to 14.3 miles south of the Alpena VORTAC; and updates the name
of MidMichigan Medical Center-Alpena, Alpena, MI (previously Alpena
General Hospital), to coincide with the FAA's aeronautical database.
    This action is necessary due to an airspace review caused by the
decommissioning of the Au Sable VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
 1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AGL MI D Alpena, MI [Amended]

Alpena County Regional Airport, MI
    (Lat. 45[deg]04'41'' N, long. 83[deg]33'37'' W)

    That airspace extending upward from the surface to and including
3,200 feet MSL within a 4.3-mile radius of Alpena County Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AGL MI E2 Alpena, MI [Amended]

Alpena County Regional Airport, MI
    (Lat. 45[deg]04'41'' N, long. 83[deg]33'37'' W)

    That airspace extending upward from the surface to and including
3,200 feet MSL within a 4.3-mile radius of Alpena County Regional
Airport. This Class E airspace area

is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

AGL MI E4 Alpena, MI [Amended]

Alpena County Regional Airport, MI
    (Lat. 45[deg]04'41'' N, long. 83[deg]33'37'' W)
Alpena VORTAC
    (Lat. 45[deg]04'58'' N, long. 83[deg]33'25'' W)

    That airspace extending upward from the surface within 4.8 miles
west and 3 miles east of the Alpena VORTAC 355[deg] radial extending
from the 4.3-mile radius of the Alpena County Regional Airport to 7
miles north of the Alpena VORTAC.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Alpena, MI [Amended]

Alpena County Regional Airport, MI
    (Lat. 45[deg]04'41'' N, long. 83[deg]33'37'' W)
Alpena VORTAC
    (Lat. 45[deg]04'58'' N, long. 83[deg]33'25'' W)
MidMichigan Medical Center-Alpena, MI, Point in Space Coordinates
    (Lat. 45[deg]04'38'' N, long. 83[deg]26'53'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Alpena County Regional Airport, and
within 10 miles west and 6 miles east of the Alpena VORTAC 355[deg]
radial extending from the 6.8-mile radius of Alpena County Regional
Airport to 10 miles north of the Alpena VORTAC, and within 3.9 miles
each side of the Alpena VORTAC 194[deg] radial extending from the
6.8-mile radius of the Alpena County Regional Airport to 14.3 miles
from the Alpena VORTAC, and within a 6-mile radius of the Point in
Space serving MidMichigan Medical Center-Alpena.

    Issued in Fort Worth, Texas, on December 4, 2019.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-26610 Filed 12-11-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Page 37054]
[FR Doc No: 2023-12081]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14876-001]

Western Minnesota Municipal Power Agency; Notice of Surrender of
Preliminary Permit

    Take notice that Western Minnesota Municipal Power Agency,
permittee for the proposed Gregory County Pumped Storage Project, has
requested that its preliminary permit be terminated. The permit was
issued on September 7, 2018,\1\ granted an extension on August 18,
2021,\2\ and would have expired on August 31, 2025. The project would
have been located at the U.S. Army Corps of Engineers' Lake Francis
Case on the Missouri River in Gregory and Charles Mix Counties, South
Dakota.
---------------------------------------------------------------------------

    \1\ 164 FERC ] 62,133 (2018).
    \2\ 176 FERC ] 62,085 (2021).
---------------------------------------------------------------------------

    The preliminary permit for Project No. 14876 will remain in effect
until the close of business, June 30, 2023. But, if the Commission is
closed on this day, then the permit remains in effect until the close
of business on the next day in which the Commission is open.\3\ New
applications for this site may not be submitted until after the permit
surrender is effective.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.2007(a)(2) (2022).

    Dated: May 31, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12081 Filed 6-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30117-30118]
[FR Doc No: 2023-09956]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings # 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER23-1825-000.
    Applicants: Kentucky Power Company.
    Description: Sec.  205(d) Rate Filing: Revision to Reactive Rate
Schedule No. 304 to be effective 7/1/2023.
    Filed Date: 5/3/23.
    Accession Number: 20230503-5145.
    Comment Date: 5 p.m. ET 5/24/23.

    Docket Numbers: ER23-1826-000.
    Applicants: Cross-Sound Cable Company, LLC.
    Description: Sec.  205(d) Rate Filing: IROL-CIP Schedule 17 Cost
Recovery to be effective 7/4/2023.
    Filed Date: 5/4/23.
    Accession Number: 20230504-5003.
    Comment Date: 5 p.m. ET 5/25/23.

    Docket Numbers: ER23-1827-000.
    Applicants: Otter Tail Power Company.
    Description: Tariff Amendment: Notice of Cancellation of Service
Agreements for Remedial Action Scheme Service to be effective 5/31/
2023.
    Filed Date: 5/4/23.
    Accession Number: 20230504-5041.
    Comment Date: 5 p.m. ET 5/25/23.

    Docket Numbers: ER23-1828-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to Sch. 12-Appx A:
April 2023 RTEP, 30-Day Comment Period Requested to be effective 8/2/
2023.
    Filed Date: 5/4/23.
    Accession Number: 20230504-5048.
    Comment Date: 5 p.m. ET 6/5/23.

    Docket Numbers: ER23-1829-000.
    Applicants: Shady Oaks Wind 2, LLC.
    Description: Initial rate filing: Application for MBR Authorization
w/Waivers & Expedited Treatment to be effective 5/5/2023.
    Filed Date: 5/4/23.
    Accession Number: 20230504-5093.
    Comment Date: 5 p.m. ET 5/25/23.

    Docket Numbers: ER23-1830-000.
    Applicants: New England Power Company.
    Description: Sec.  205(d) Rate Filing: 2023-05-04 Filing of Eighth
Revised New England Power Service Agreement No. 23 to be effective 5/5/
2023.
    Filed Date: 5/4/23.
    Accession Number: 20230504-5096.
    Comment Date: 5 p.m. ET 5/25/23.

    Docket Numbers: ER23-1831-000.
    Applicants: ISO New England Inc., New England Power Company.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: Fourth Revised TSA-NEP-86 Under
Schedule 21-NEP to be effective 5/5/2023.
    Filed Date: 5/4/23.
    Accession Number: 20230504-5117.
    Comment Date: 5 p.m. ET 5/25/23.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES23-45-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Tri-State Generation and
Transmission Association, Inc.
    Filed Date: 5/3/23.
    Accession Number: 20230503-5174.
    Comment Date: 5 p.m. ET 5/24/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 4, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09956 Filed 5-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Rules and Regulations]
[Pages 5901-5902]
[FR Doc No: 2016-02033]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-6231; Airspace Docket No. 15-AEA-12]

Amendment of Class E Airspace for Lynchburg, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at Lynchburg, VA, by
adjusting the geographic coordinates at Lynchburg Regional-Preston
Glenn Field Airport and Falwell Airport, to be in concert with the
FAA's aeronautical database.

DATES: Effective 0901 UTC, March 31, 2016. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.0.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Lynchburg Regional-Preston Glenn Field
Airport and Falwell Airport, Lynchburg, VA.

History

    In a review of the airspace, the FAA found the geographic
coordinates for Lynchburg Regional-Preston Glenn Field Airport and
Falwell Airport as published in FAA Order 7400.9Z, Airspace
Designations and Reporting Points, do not match the FAA's charting
information. This administrative change coincides with the FAA's
aeronautical database for Class E Surface Airspace.
    Class E airspace designations are published in paragraph 6002 of
FAA Order 7400.9Z dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by adjusting the geographic coordinates at Lynchburg Regional-
Preston Glenn Field Airport and Falwell Airport, Lynchburg, VA, to be
in concert with the FAA's aeronautical database.
    This is an administrative change and does not affect the
boundaries, or operating requirements of the airspace, therefore,
notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71 --DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015,
effective September 15, 2015, is amended as follows:

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

AEA VA E2 Lynchburg, VA [Amended]

Lynchburg Regional-Preston Glenn Field Airport, Lynchburg, VA
    (Lat. 37[deg]19'31'' N., long. 79[deg]12'04'' W.)
Lynchburg VORTAC
    (Lat. 37[deg]15'17'' N., long. 79[deg]14'11'' W.)
Falwell Airport, VA
    (Lat. 37[deg]22'41'' N., long. 79[deg]07'20'' W.)

    Within a 4.5-mile radius of Lynchburg Regional-Preston Glenn
Field Airport; and that airspace extending upward from the surface
within 2.7 miles each side of the Lynchburg VORTAC 020[deg] and
200[deg] radials extending from the 4.5-mile radius to 1-mile south
of the VORTAC, and within 1.8 miles each side of the Lynchburg
VORTAC 022[deg] radial extending from the 4.5-mile radius to 11.3
miles northeast of the VORTAC, excluding the portion within a .5-
mile radius of Falwell Airport. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be published continuously in the Airport/Facility Directory.

    Issued in College Park, Georgia, on January 27, 2016.
Ryan W. Almasy,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2016-02033 Filed 2-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Proposed Rules]
[Pages 17364-17366]
[FR Doc No: 2011-7290]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0259; Directorate Identifier 2010-NM-196-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault-Aviation Model FALCON 7X
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter indicated a negative
distance to the ground despite the aircraft was flying at medium or
high altitude.
    A locked radio-altimeter 1 leads to untimely inhibition
of warnings that could be displayed along with certain abnormal
conditions while the avionic system switches into landing mode
during altitude cruise.
* * * * *
    [Untimely radio altimeter lock-up] may cause the crew to be
unaware of possible system failures that could require urgent crew's
actions.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 13, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

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-2011-0259;
Directorate Identifier 2010-NM-196-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

    On December 28, 2009, we issued AD 2010-02-02, Amendment 39-16173
(75 FR 1697, January 13, 2010). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2010-02-02, new features to display a ``RA
miscompare'' flag on both primary display units (PDU) have been
developed, which accepts a commanded system reversion to the correct
radio-altimeter output. The European Aviation Safety Agency (EASA),
which is the Technical Agent for the Member States of the European
Community, has issued EASA 2009-0208R1, dated June 2, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter indicated a negative
distance to the ground despite the aircraft was flying at medium or
high altitude.
    A locked radio-altimeter 1 leads to untimely inhibition
of warnings that could be displayed along with certain abnormal
conditions while the avionic system switches into landing mode
during altitude cruise.
* * * * *
    [Untimely radio altimeter lock-up] may cause the crew to be
unaware of possible system failures that could require urgent crew's
actions.
    To address this unsafe condition, [EASA] AD 2009-0208 was issued
on 13 October 2009 [which corresponds with FAA AD 2010-02-02]. It
mandated application of a new abnormal Airplane Flight Manual (AFM)
procedure when radio-altimeter 1 lock-up occurs and
prohibited dispatch of the aeroplane with any radio-altimeter
inoperative.
    Since AD 2009-0208 was issued, Easy avionics load 10 has been
developed with change M0566 or Service Bulletin (SB) Falcon 7X
n[deg]100 that brings new features to display a ``RA miscompare''
flag on both Primary Display Units (PDU) and accepts a commanded
system reversion to the correct radio-altimeter output.
    EASA AD 2009-0208R1 is issued to allow not deactivating radio-
altimeter 1 in case lock-up conditions occur in flight for
aeroplanes on which M0566 or SB Falcon 7X n[deg]100 has been
embodied.

    You may obtain further information by examining the MCAI in the AD
docket.

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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 24 products of U.S. registry.
    The actions that are required by AD 2010-02-02 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $2,040, or $85 per
product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations

for practices, methods, and procedures the Administrator finds
necessary for safety in air commerce. This regulation is within the
scope of that authority because it addresses an unsafe condition that
is likely to exist or develop on products identified in this rulemaking
action.

Regulatory Findings

    We determined that this 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-16173 (75 FR
1697, January 13, 2010) and adding the following new AD:

Dassault-Aviation: Docket No. FAA-2011-0259; Directorate Identifier
2010-NM-196-AD.

Comments Due Date

    (a) We must receive comments by May 13, 2011.

Affected ADs

    (b) This AD supersedes AD 2010-02-02, Amendment 39-16173.

Applicability

    (c) This AD applies to Dassault-Aviation Model FALCON 7X
airplanes, certificated in any category, all serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter indicated a negative
distance to the ground despite the aircraft was flying at medium or
high altitude.
    A locked radio-altimeter 1 leads to untimely inhibition
of warnings that could be displayed along with certain abnormal
conditions while the avionic system switches into landing mode
during altitude cruise.
* * * * *
    [Untimely radio altimeter lock-up] may cause the crew to be
unaware of possible system failures that could require urgent crew's
actions.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2010-02-02, With Revised Affected
Airplanes

    (g) For airplanes on which modification M0566 and Dassault
Service Bulletin Falcon 7X-100 has not been accomplished: Within 14
days after January 28, 2010 (the effective date of AD 2010-02-02),
revise the Limitations Section of the Dassault Falcon 7X Airplane
Flight Manual (AFM) to include the following statement. This may be
done by inserting a copy of this AD in the AFM.

    ``If radio-altimeter 1 lock-up conditions occur in
flight, power off radio-altimeter 1, in accordance with the
instructions of Falcon 7X AFM procedure 3-140-65.
    Dispatch of the airplane with any radio-altimeter inoperative is
prohibited.''

    Note 1: When a statement identical to that in paragraph (g) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

New Requirements of This AD

    (h) For airplanes on which M0566 or Dassault Service Bulletin
Falcon 7X-100 has been accomplished: Within 14 days after the
effective date of this AD, revise the Limitations Section of the
Dassault Falcon 7X AFM to include the following statement. This may
be done by inserting a copy of this AD in the AFM. Doing this
revision terminates the requirements of paragraph (g) of this AD.

    ``If radio-altimeter 1 lock-up conditions occur in
flight, revert to the correct radio-altimeter output, in accordance
with the instructions of Falcon 7X AFM procedure 3-140-65B and 3-
140-70A.
    Dispatch of the airplane with any radio-altimeter inoperative is
prohibited.''

    Note 2: When a statement identical to that in paragraph (h) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (i) 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: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
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 or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2009-0208R1, dated June 2, 2010, for related
information.

    Issued in Renton, Washington, on March 21, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-7290 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-13-P