[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36389-36390]
[FR Doc No: 2012-14804]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0087; Directorate Identifier 2011-SW-029-AD;
Amendment 39-17091; AD 2012-12-11]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada,
Limited, Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Bell
Helicopter Textron Canada (Bell) Model 206, 206A, 206A-1, 206B, 206B-1,
206L, 206L-1, 206L-3, and 206L-4 helicopters, with Aviation Specialties
Unlimited, Inc. (ASU), Night Vision Imaging System (NVIS) lighting
modified by Supplemental Type Certificate SR01383SE (STC). This AD
requires determining the date of STC installation, determining if the
aircraft has an unfiltered turbine outlet temperature (TOT) internal
over-temperature warning light, and based on those findings, installing
an NVIS filter. This AD was prompted by the finding that an unfiltered
TOT indicator over-temperature warning light, when illuminated, created
glare and reflections that could degrade the pilot's view while using
night vision goggles thereby creating an unsafe condition. The actions
of this AD are intended to modify any unfiltered TOT indicator unit
over-temperature warning light by installing a filter to prevent
degradation of the pilot's vision while using night vision goggles and
to prevent subsequent loss of control of the helicopter.

DATES: This AD is effective July 24, 2012.

ADDRESSES: For service information identified in this AD, contact
Aviation Specialties Unlimited, Inc., 4632 Aeronca Street, Boise, Idaho
83705; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or http://www.asu-nvg.com/. You may review the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.
    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 AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
the Docket Operations Office (phone:<PHONE_NUMBER>) is U.S. Department
of Transportation, Docket Operations Office, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aviation Safety
Engineer, Seattle Aircraft Certification Office, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057; telephone
(425) 917-6426; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On February 3, 2012, at 77 FR 5423, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 to include an AD that would apply to Bell Model 206, 206A,
206A-1, 206B, 206B-1, 206L, 206L-1, 206L-3, and 206L-4 helicopters,
modified with ASU NVIS lighting installed per STC SR01383SE. That NPRM
proposed to require, within 30 days or 50 hours time-in-service,
whichever occurs first, determining the date of the STC installation.
If the date is on or before April 6, 2011, or is undocumented, the NPRM
proposed to require determining if the TOT indicator unit has an
internal over-temperature warning light. If the unit has an unfiltered
internal over-temperature warning light, the NPRM proposed to require
installing an NVIS filter, part number (P/N) ASU-TOTGAG-1. The proposed
requirements were intended to modify any unfiltered TOT indicator unit
over-temperature warning light by installing a filter to prevent
degradation of the pilot's vision while using night vision goggles and
to prevent subsequent loss of control of the helicopter.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM.

FAA's Determination

    We have reviewed the relevant information and determined that an
unsafe condition exists and is likely to exist or develop on other
helicopters of these same type designs and that air safety and the
public interest require adopting the AD requirements as proposed except
for an editorial change. We have revised the ``Differences Between This
Proposed AD and the Service Information'' section to include a
statement about this AD applying to Model 206A-1 helicopters, whereas
the service information does not. This change is consistent with the
intent of the proposal and will not increase the economic burden on any
operator nor increase the scope of the AD.

Related Service Information

    We reviewed ASU Alert Service Bulletin No. ASU 206-2010-11-1, dated
November 4, 2010 (ASB) for the Bell Helicopter Textron 206 series
helicopters. The ASB states to visually inspect each helicopter to
determine if the TOT indicator/gauge has an internal over-temperature
warning light installed. If the over-temperature warning light is
internal, the ASB specifies notifying ASU. ASU states it will
immediately ship an NVIS filter, P/N ASU-TOTGAG-1.

Differences Between This AD and the Service Information

    This AD does not apply to helicopters modified by the STC after
April 6, 2011, because a new design was approved for the STC on April
6, 2011, and contained instructions to install the NVIS over-
temperature indicator light filter. This AD applies to Model 206A-1
helicopters, whereas the service information does not. This AD does not
require you to notify ASU.

Costs of Compliance

    We estimate that this AD will affect 34 helicopters of U.S.
Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD: Determining the date, inspecting for an
unfiltered, over-temperature TOT indicator light in the cockpit, and
installing a filter will take about 1.8 work-hours at $85 per work-
hour. A filter will cost about $300. The total cost will be $15,402
assuming the filter will be installed on the entire fleet

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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2012-12-11 BELL HELICOPTER TEXTRON CANADA, LIMITED (BELL): Amendment
39-17091; Docket No. FAA-2012-0087; Directorate Identifier 2011-SW-
029-AD.

(a) Applicability

    This AD applies to Model 206, 206A, 206A-1, 206B, 206B-1, 206L,
206L-1, 206L-3, and 206L-4 helicopters, certificated in any
category, modified with Aviation Specialties Unlimited, Inc. (ASU),
Night Vision Imaging System (NVIS) lighting installed per
Supplemental Type Certificate (STC) SR01383SE.

(b) Unsafe Condition

    This AD defines the unsafe condition as an unfiltered turbine
outlet temperature (TOT) indicator over-temperature warning light,
when illuminated, creating glare and reflections that could degrade
the pilot's view through night vision goggles. This condition could
result in loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 24, 2012.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 30 days or 50 hours time-in-service, whichever occurs
first:
    (1) Determine the date of the STC installation.
    (2) If the date of the STC installation is on or before April 6,
2011, or the date is undocumented, determine whether the cockpit TOT
indicator unit has an unfiltered internal over-temperature warning
light. If the unit has an unfiltered internal over-temperature
warning light, install an NVIS filter, part number ASU-TOTGAG-1.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Kathleen
Arrigotti, Aviation Safety Engineer, Seattle Aircraft Certification
Office, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW.,
Renton, WA 98057; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    Aviation Specialties Unlimited, Inc., Alert Service Bulletin No.
ASU 206-2010-11-1, dated November 4, 2010, which is not incorporated
by reference, contains additional information about the subject of
this AD. For service information identified in this AD, contact
Aviation Specialties Unlimited, Inc., 4632 Aeronca Street, Boise,
Idaho 83705; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or http://www.asu-nvg.com/. You may review this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7722, Engine EFT/
TOT Indicating System.

    Issued in Fort Worth, Texas, on June 7, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-14804 Filed 6-18-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 1, 2007 (Volume 72, Number 21)]
[Notices]
[Page 4761-4762]
[DOCID:fr01fe07-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55178; File No. SR-NYSEArca-2007-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to NYSE
Arca Marketplace Trading Sessions

January 25, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 12, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed
rule change effective upon filing with the Commission.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to update the list in NYSE Arca Equities Rule
7.34 of securities eligible to trade in one or more, but not all three,
of the Exchange's trading sessions. The securities to be added to the
list are : (1) Claymore MACROshares Oil Up Tradeable Shares and (2)
Claymore MACROshares Oil Down Tradeable Shares. These securities are
traded on NYSE Arca, L.L.C. (``NYSE Arca Marketplace''), the equities
trading facility of NYSE Arca Equities, pursuant to unlisted trading
privileges (``UTP'') and are described in NYSE Arca Equities Rule 8.400
(``Paired Trust Shares''). The Exchange also proposes to include a
reference to NYSE Arca Equities Rule 8.400 in NYSE Arca Equities Rules
7.34(a)(3)(A) and 7.34(a)(4)(A).
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nysearca.com), at the principal office of the

Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Equities Rule 7.34 currently provides, in part, that the
NYSE Arca Marketplace shall have three trading sessions each day: an
Opening Session (1 a.m. Pacific Time (``PT'') to 6:30 a.m. PT), a Core
Trading Session (6:30 a.m. PT to 1 p.m. PT), and a Late Trading Session
(1 p.m. PT to 5 p.m. PT), and that the Core Trading Session for
securities described in NYSE Arca Equities Rules 5.1(b)(13),
5.1(b)(18), 5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, and 8.300
(each, a ``Derivative Securities Product'') shall conclude at 1:15 pm
(PT).\5\ The Exchange proposes to amend NYSE Arca Equities Rule
7.34(a)(3)(A) to add Paired Trust Shares described in NYSE Arca
Equities Rule 8.400 to the securities for which the Core Trading
Session concludes at 1:15 p.m. PT.\6\
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    \5\ NYSE Arca Equities Rules 5.1(b)(13), 5.2(j)(3), 8.100,
8.200, 8.201, 8.202, 8.203, and 8.300 relate to Unit Investment
Trusts, Investment Company Units and Portfolio Depositary Receipts,
Trust Issued Receipts, Commodity-Based Trust Shares, Currency Trust
Shares, Commodity Index Trust Shares, and Partnership Units,
respectively. See Securities Exchange Act Release No. 54997
(December 21, 2006), 71 FR 78501 (December 29, 2006) (SR-NYSEArca-
2006-77) (relating to amendments to NYSE Arca Equities Rule 7.34).
    \6\ In Securities Exchange Act Release No. 55033 (December 29,
2006), 72 FR 1253 (January 10, 2007) (SR-NYSEArca-2006-75), the
Commission approved NYSE Arca Equities Rule 8.400 to permit trading
on the NYSE Arca Marketplace, either by listing or pursuant to UTP,
of securities issued by a pair of related trusts and based on an
index or other numerical variable whose value reflects the value of
assets, prices, or other economic interests. The Commission also
approved in this filing the trading, pursuant to UTP, of the
Claymore MACROshares Oil Up Tradeable Shares and Claymore
MACROshares Oil Down Tradeable Shares.
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    The Exchange also includes in NYSE Arca Equities Rule 7.34 a list
of those securities which are eligible to trade in one or more, but not
all three, of the Exchange's trading sessions, and maintains on its Web
site a list that

identifies all securities traded on the NYSE Arca Marketplace that do
not trade for the duration of each of the three sessions specified in
NYSE Arca Equities Rule 7.34. The Exchange proposes to add the
following securities to these lists: (1) Claymore MACROshares Oil Up
Tradeable Shares and (2) Claymore MACROshares Oil Down Tradeable
Shares.\7\ These securities are traded on the Exchange pursuant to UTP
and are Paired Trust Shares, as described in NYSE Arca Equities Rule
8.400.
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    \7\ See note 5, supra.
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    Finally, the Exchange proposes to amend NYSE Arca Equities Rule
7.34(a)(4)(A) relating to trading halt procedures applicable to trading
specified Derivative Securities Products on a UTP basis in the Opening,
Core, and Late Trading Sessions. The Exchange proposes to add Paired
Trust Shares described in NYSE Arca Equities Rule 8.400 to the list of
Derivative Securities Products to which NYSE Arca Equities Rule
7.34(a)(4)(A) applies.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\8\ in general, and furthers the
objectives of section 6(b)(5) \9\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, to enhance competition, and to protect investors
and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to section 19(b)(3)(A) of the Act \10\
and rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires an exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Commission has
determined to waive the five-day pre-filing notice requirement in
this case.
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    The Exchange has asked the Commission to waive the 30-day operative
delay. The Commission believes that such waiver is consistent with the
protection of investors and the public interest because the proposed
rule change should provide transparency and more clarity with respect
to the trading hours eligibility of certain derivative securities
products and should promote consistency in the trading halts of
derivative securities. For these reasons, the Commission designates the
proposed rule change as operative immediately.\12\
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    \12\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSEArca-2007-02 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2007-02. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2007-02 and should be submitted by February 22,
2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-1593 Filed 1-31-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Rules and Regulations]
[Pages 68688-68691]
[FR Doc No: 2013-27017]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0870; Directorate Identifier 2013-NM- 166-AD;
Amendment 39-17657; AD 2013-23-02]
RIN 2120-AA64

Airworthiness Directives; EADS CASA (Type Certificate Previously
Held by Construcciones Aeronauticas, S.A.) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
EADS CASA (Type Certificate previously held by Construcciones
Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-235-200, CN-235-300,
and C-295 airplanes. This AD requires inspection of the feeder cables
of certain fuel booster pumps for damage (including, but not limited
to, signs of electrical arcing and fuel leaks), and replacement if
necessary. This AD was prompted by a report of an in-flight problem
with the fuel transfer system. We are issuing this AD to detect and
correct damage to certain fuel booster pumps, which could create an
ignition source in the fuel tank vapor space, and result in a fuel tank
explosion and consequent loss of the airplane.

DATES: This AD becomes effective December 2, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 2,
2013.
    We must receive comments on this AD by December 30, 2013.

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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact EADS CASA,
Military Transport Aircraft Division (MTAD), Integrated Customer
Services (ICS), Technical Services, Avenida de Arag[oacute]n 404, 28022
Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 05; email
<EMAIL_ADDRESS>Internet http://www.eads.net. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0186, dated August 16, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    An occurrence with a CN-235 aeroplane has been reported,
involving an in-flight problem with the fuel transfer system.
    The results of the subsequent investigation revealed damage on
the fuel booster pump electrical feeding cable and some burn marks
on the pump body and plate (fairing) at the external side of the
fuel tank; confirmed electrical arcing between the wire and pump
body; and revealed as well fuel leakage onto the affected wire.
    This condition, if not detected and corrected, could create an
ignition source in the fuel tank vapour space, possibly resulting in
a fuel tank explosion and loss of the aeroplane.
    To address this potential unsafe condition, EADS CASA (Airbus
Military) issued All Operators Letter (AOL) 235-025 and AOL

295-025, providing inspection instructions for the affected fuel
booster pumps, Part Number (P/N) 1C12-34 and P/N 1C12-46.
    For the reasons described above, this [EASA] AD requires a one-
time [detail visual] inspection of the affected fuel booster pumps
to detect damage [including, but not limited, to signs of electrical
arcing and fuel leaks] and, depending on findings, replacement of
the fuel booster pump. This [EASA] AD also requires the reporting of
all findings to EADS CASA for evaluation.
    This [EASA] AD is considered to be an interim action and further
AD action may follow.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0870.

Relevant Service Information

    Airbus Military (EADS CASA) has issued the following service
information.
     For Model CN-235 airplanes: Airbus Military All Operator
Letter 235-025, dated July 29, 2013.
     For Model C-295 airplanes: Airbus Military All Operator
Letter 295-025, Revision 01, dated August 1, 2013.

The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
damage to the fuel booster pump could create an ignition source in the
fuel tank vapor space, which could result in a fuel tank explosion and
consequent loss of the airplane. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2013-0870; Directorate
Identifier 2013-NM-166-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 35 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                      Labor cost            Parts cost     Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection of fuel boost pump...  2 work-hours x $85 per                $0   $170 per fuel              $11,900
                                   hour = $170 per fuel                       boost pump.
                                   boost pump.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost             Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of fuel boost pump.....  3 work-hours x $85 per hour         $16,080   $16,335 per pump.
                                      = $255 per pump.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2013-23-02 EADS CASA (Type Certificate Previously Held by
Construcciones Aeronauticas, S.A.): Amendment 39-17657. Docket No.
FAA-2013-0870; Directorate Identifier 2013-NM-166-AD.

(a) Effective Date

    This AD becomes effective December 2, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to EADS CASA (Type Certificate previously held
by Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-
235-200, CN-235-300, and C-295 airplanes, certificated in any
category, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of an in-flight problem with
the fuel transfer system. We are issuing this AD to detect and
correct damage to certain fuel booster pumps, which could create an
ignition source in the fuel tank vapor space, and result in a fuel
tank explosion and consequent loss of the airplane.

(f) Compliance

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

(g) Inspection of the Feeder Cables of Certain Fuel Booster Pumps

    Within the times specified in paragraph (g)(1) or (g)(2) of this
AD, as applicable: Perform a detailed visual inspection for damage
(including, but not limited to, signs of electrical arcing and fuel
leaks) of the electrical feeder cables of each fuel booster pump
having part number (P/N) 1C12-34 or 1C12-46, in accordance with the
instructions of Airbus Military All Operator Letter 235-025, dated
July 29, 2013 (for Model CN-235 airplanes); or Airbus Military All
Operator Letter 295-025, Revision 01, dated August 1, 2013 (for
Model C-295 airplanes).
    (1) For each fuel booster pump that has not been replaced as of
the effective date of this AD: Prior to the accumulation of 300
total flight hours or within 5 cycles after the effective date of
this AD, whichever occurs later.
    (2) For each fuel booster pump that has been replaced as of the
effective date of this AD: Within 300 flight hours since the most
recent fuel booster pump replacement, or within 5 flight cycles
after the effective date of this AD, whichever occurs later.

(h) Replacement of Affected Fuel Boost Pumps

    If any damage (including, but not limited to, signs of
electrical arcing and fuel leaks) is found during the inspection
required by paragraph (g) of this AD: Within the time specified in
paragraph (h)(1) or (h)(2) of this AD, replace the affected fuel
booster pump with a serviceable pump, in accordance with Airbus
Military All Operator Letter 235-025, dated July 29, 2013 (for Model
CN-235 airplanes); or Airbus Military All Operator Letter 295-025,
Revision 01, dated August 1, 2013 (for Model C-295 airplanes).
    (1) Before further flight.
    (2) Within 10 days following the inspection, provided that the
airplane is operated under the conditions specified in Airbus
Military All Operator Letter 235-025, dated July 29, 2013 (for Model
CN-235 airplanes); or Airbus Military All Operator Letter 295-025,
Revision 01, dated August 1, 2013 (for Model C-295 airplanes).

(i) Report of Inspection Findings

    At the applicable time specified in paragraph (i)(1) or (i)(2)
of this AD, submit an inspection report to EADS CASA (Airbus
Military), in accordance with Airbus Military All Operator Letter
235-025, dated July 29, 2013 (for Model CN-235 airplanes); or Airbus
Military All Operator Letter 295-025, Revision 01, dated August 1,
2013 (for Model C-295 airplanes).
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be emailed 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, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or by the Design Approval Holder (DAH) with a State
of Design Authority's design organization approval). For a repair
method to be approved, the repair approval must specifically refer
to this AD. You are required to ensure the product is airworthy
before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response,

including the time for reviewing instructions, completing, and
reviewing the collection of information. All responses to this
collection of information are mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden
should be directed to the FAA at: 800 Independence Ave. SW.,
Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency Airworthiness Directive 2013-0186,
dated August 16, 2013, for related information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0870.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Military All Operator Letter 235-025, dated July 29,
2013.
    (ii) Airbus Military All Operator Letter 295-025, Revision 01,
dated August 1, 2013.
    (3) For service information identified in this AD, contact EADS-
CASA, Military Transport Aircraft Division (MTAD), Integrated
Customer Services (ICS), Technical Services, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 55 05; email<EMAIL_ADDRESS>
Internet http://www.eads.net.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 31, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-27017 Filed 11-14-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54626-54628]
[FR Doc No: 2020-19357]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0123; FMCSA-2015-0326; FMCSA-2015-0328; FMCSA-
2015-0329; FMCSA-2017-0057; FMCSA-2017-0059; FMCSA-2017-0060; FMCSA-
2017-0061]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA),
Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 18
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on August 22, 2020. The
exemptions expire on August 22, 2022. Comments must be received on or
before October 2, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0123, Docket No. FMCSA-
2015-0326, Docket No. FMCSA-2015-0328, Docket No. FMCSA-2015-0329,
Docket No. FMCSA-2017-0057, Docket No. FMCSA-2017-0059, Docket No.
FMCSA-2017-0060, or Docket No. FMCSA-2017-0061 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical

Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2012-0123, FMCSA-2015-0326, FMCSA-2015-0328,
FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-0060, and
FMCSA-2017-0061), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2012-0123, FMCSA-2015-0326, FMCSA-2015-
0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-
0060, or FMCSA-2017-0061, in the keyword box, and click ``Search.''
When the new screen appears, click on the ``Comment Now!'' button and
type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2012-0123, FMCSA-2015-0326, FMCSA-2015-
0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-2017-0059, FMCSA-2017-
0060, or FMCSA-2017-0061, in the keyword box, and click ``Search.''
Next, click the ``Open Docket Folder'' button and choose the document
to review. If you do not have access to the internet, you may view the
docket online by visiting Docket Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations.

C. Privacy Act

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

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 18 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 18
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 18 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of August 22, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 18 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Mataio Brown (MS)
Barry Carpenter (SD)
Lyle Eash (VA)
Clay Fitzpatrick (ID)
Berenice Martinez (TX)
Michael McCarthy (MN)
Steven Moorehead (KY)
Gary Nagel (MN)

Christopher Poole (OH)
Ricardo Porras-Payan (TX)
James Quinn (TN)
Willine Smith (GA)
Brandon Soto (MO)
Dennis Stotts (OH)
Michael Tayman (ME)
Carlos Torres (FL)
Paul Wentworth (WA)
Joseph Woodle (KY)
    The drivers were included in docket number FMCSA-2012-0123, FMCSA-
2015-0326, FMCSA-2015-0328, FMCSA-2015-0329, FMCSA-2017-0057, FMCSA-
2017-0059, FMCSA-2017-0060, or FMCSA-2017-0061. Their exemptions were
applicable as of August 22, 2020, and will expire on August 22, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 18 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-19357 Filed 9-1-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15635-15637]
[FR Doc No: 2017-06287]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0836]
RIN 1625-AA00

Safety Zones; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is adding, amending, and deleting several
permanent safety zones located in the Captain of the Port San Francisco
zone that are established to protect public safety during annual
firework displays. These changes will update listed events to
accurately reflect the firework display locations. This regulation
prohibits the movement of vessels within the established firework
display areas unless authorized by the Captain of the Port (COTP) San
Francisco or a designated representative.

DATES: This rule is effective May 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0836 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast
Guard Sector San Francisco; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 18, 2017 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; San Francisco, CA, in the Federal
Register (83 FR 5482). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to the
amended fireworks safety zones. We received no adverse comments on the
NPRM nor did we receive a request for public meeting. A public meeting
was not held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port San Francisco (COTP) has determined that
potential hazards associated with the current outdated fireworks
events, if not updated, pose safety concerns for event crew,
spectators, participants of the event, participating vessels, and other
users and vessels of the waterway. One of the published annual
fireworks events that requires safety zones does not currently reflect
the accurate location of the respective display sites. Three annual
fireworks events that require safety zones are not published in 33 CFR
165.1191 and one published fireworks event has not occurred since 2009.
Safety zones which accurately reflect the location of each event are
necessary to provide for the safety of the crew, spectators,
participants of the event, participating vessels, and other users and
vessels of the waterway from the hazards associated with firework
displays. The effect of these proposed safety zones will be to restrict
general navigation in the vicinity of the events, from the start of
each event until the conclusion of that event. Except for the persons
or vessels authorized by the COTP San Francisco or a designated
representative, no person or vessel may enter or remain in the
regulated area. These regulations are needed to keep spectators and
vessels a safe distance away from the fireworks displays to ensure the
safety of participants, spectators, and transiting vessels.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no adverse comments on our NPRM
published on January 18, 2017. We received one comment supporting the
Coast Guard's efforts to safeguard vessels. There are no changes in the
regulatory text of this rule from the proposed rule in the NPRM.
    This rule amends Table 1 in Sec.  1191 to update one event to
reflect the current event location, delete one event fireworks event
which has not occurred since 2009, and permanently publish three annual
events. These events are listed numerically in Table 1 of this section:
Respectively items (9), (2), and the addition of (28), (29), and (30).

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of each safety zone. Vessel traffic
would be able to safely transit around each safety zone which would
impact a small designated area of the COTP San Francisco zone for less
than 1 hour during the evening when vessel traffic is normally low.
Moreover, the Coast Guard would issue a Local Notice to Mariner and
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and

operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above this rule will not have a significant economic impact on any
vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zones lasting less than 1 hour
that would prohibit entry within a radial distance of no more than
1,000 feet of a fireworks barge. Normally such actions are
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation
No. 0170.1.

0
2. In Sec.  165.1191, in Table 1 to Sec.  165.1191, remove and reserve
item 2, revise item 9, and add items 28, 29, and 30 to read as follows:

Sec.  165.1191  Northern California and Lake Tahoe Area Annual
Fireworks Events.

* * * * *

Table 1 to Sec.  165.1191

* * * * *

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

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

                              * * * * * * *
------------------------------------------------------------------------
                              2. [Reserved]
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
              9. Fourth of July Fireworks, City of Richmond
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  Week of July 4th.
Location..........................  A barge located in Richmond Harbor
                                     in approximate position
                                     37[deg]54'40'' N., 122[deg]21'05''
                                     W., Richmond, CA.

Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 560-foot radius upon
                                     commencement of the fireworks
                                     display.

                              * * * * * * *
------------------------------------------------------------------------
              28. Execpro Services Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...........................  Execpro Services Inc.
Event Description.................  Fireworks Display.
Date..............................  Week of July 4th.
Location..........................  Off-shore from Incline Village, NV.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
------------------------------------------------------------------------
               29. Monte Foundation Fireworks, Lake Tahoe
------------------------------------------------------------------------
Sponsor...........................  Monte Foundation.
Event Description.................  Fireworks Display.
Date..............................  Week of Labor Day.
Location..........................  Carnelian Bay, Lake Tahoe, CA.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
------------------------------------------------------------------------
               30. Sausalito Lighted Boat Parade Fireworks
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  A Saturday or Sunday in December.
Location..........................  Off-shore from Sausalito Point,
                                     Sausalito, CA.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
------------------------------------------------------------------------

    Dated: March 9, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port of San Francisco.
[FR Doc. 2017-06287 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10792-10793]
[FR Doc No: 2014-04049]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2609-007; ER10-2604-005; ER10-2603-005; ER10-
2602-008; ER10-2606-007.
    Applicants: Escanaba Paper Company, Luke Paper Company, Rumford
Paper Company, NewPage Energy Services, LLC, Consolidated Water Power
Company.
    Description: Notice of Non-Material Change in Status of the NewPage
MBR Companies.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5232.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER10-2763-009; ER10-2759-003; ER10-2732-009; ER10-
2736-009; ER10-2737-009; ER10-2741-009; ER10-2749-009; ER10-2752-009;
ER12-2492-005; ER12-2493-005; ER12-2494-005; ER12-2495-005; ER12-2496-
005; ER10-2733-009; ER10-2734-009; ER10-2631-003; ER13-815-001.
    Applicants: Bangor Hydro Electric Company, Bridgeport Energy LLC,
Emera Energy Services Inc., Emera Energy Services Subsidiary No. 1 LLC,
Emera Energy Services Subsidiary No. 2 LLC, Emera Energy Services
Subsidiary No. 3 LLC, Emera Energy Services Subsidiary No. 4 LLC, Emera
Energy Services Subsidiary No. 5 LLC, Emera Energy Services Subsidiary
No. 6 LLC, Emera Energy Services Subsidiary No. 7 LLC, Emera Energy
Services Subsidiary No. 8 LLC, Emera Energy Services Subsidiary No. 9
LLC, Emera Energy Services Subsidiary No. 10 LLC, Emera Energy U.S.
Subsidiary No. 1, Inc., Emera Energy U.S. Subsidiary No. 2, Inc.,
Rumford Power Inc., Tiverton Power LLC.
    Description: Errata to December 30, 2013 Triennial Market Power
Update for Northeast Region and Notice of Two Changes in Status of the
Emera Entities.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5233.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-225-002.
    Applicants: New Brunswick Energy Marketing Corporation.
    Description: Triennial Review Compliance Filing of New Brunswick
Energy Marketing Corporation.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5226.
    Comments Due: 5 p.m. ET 4/15/14.

    Docket Numbers: ER14-612-004.
    Applicants: Skylar Energy LP.
    Description: Notice of Non-Material Change in Status of Skylar
Energy LP.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5229.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1014-000; ER14-1033-000; ER14-1034-000; ER14-
1035-000; ER14-1036-000; ER14-1043-000; ER14-1044-000; ER14-1046-000;
ER14-1047-000.
    Applicants: Bridgeport Energy LLC.
    Description: Supplement to January 17, 2014 Bridgeport Energy LLC,
et. al. tariff filing.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5156.
    Comments Due: 5 p.m. ET 2/26/14.

    Docket Numbers: ER14-1316-000.
    Applicants: FirstEnergy Service Company, FirstEnergy Solutions
Corp.
    Description: FirstEnergy Service Company on behalf of FirstEnergy
Solutions Corp. submits Notice of Cancellation of Annual Revenue

Requirement for Reactive Supply Service for the Seneca Pumped Storage
Station.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5085.
    Comments Due: 5 p.m. ET 3/5/14.

    Docket Numbers: ER14-1326-000.
    Applicants: Entergy Louisiana, LLC.
    Description: ELL-EGSL-Cleco Implementation Agmt 2-14-2014 to be
effective 2/15/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5149.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1327-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original SA No. 3770 and Cancellation of SA No. 3283;
Queue No. X1-037 to be effective 1/13/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5159.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1328-000.
    Applicants: Entergy Louisiana, LLC.
    Description: ELL Cancellation of SA 2-14-2014 to be effective 2/14/
2019.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5175.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1329-000.
    Applicants: Entergy Gulf States Louisiana, L.L.C.
    Description: EGSL Cancellation of SA 2-14-2014 to be effective 2/
14/2019.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5176.
    Comments Due: 5 p.m. ET 3/7/14.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES14-24-000.
    Applicants: Southwestern Electric Power Company.
    Description: Amendment to January 27, 2013 Application of
Southwestern Electric Power Company under Section 204 of the Federal
Power Act for Authorization to Issue Securities.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5157.
    Comments Due: 5 p.m. ET 2/24/14.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: February 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-04049 Filed 2-25-14; 8:45 am]
BILLING CODE 6717-01-P


							September 14, 2000

Mr. Michael Trutna

Information Transfer and Program Integration Division  (MD-12)

United States Environmental Protection Agency

Research Triangle Park, North Carolina  27711

Dear Mr. Trutna:

We are submitting comments in response to a public notice issued in the
August 15, 2000, Federal Register, Volume 65, No. 158, pages
49803-49804, regarding “Notice of Availability for Draft Guidance on
Design of Flexible Air Permits (White Paper 3).”  The subject document
for public review, prepared by the United States Environmental
Protection Agency (U.S. EPA), is dated August 7, 2000.  We understand
that the document is intended to show how state and local permitting
authorities may develop and issue “flexible” Title V operating
permits with less impedance to the fast changing needs of some
industries to meet changing market demands.  We thank you for this
opportunity to comment.

As you know, there are thirty-five air quality management and air
pollution control districts (districts) in California.  The districts,
all county or regional agencies, are the permitting authorities for
stationary sources in California.  The districts may have separate
concerns and may provide comments aside from ours.

White Paper 3 presents a discussion of certain approaches intended to
provide industry more flexibility to operate under a Title V operating
permit.  In our view the guidance does not present any new flexibility
to industry.  What it does, is provide a means to develop a
comprehensive but cumbersome Title V permit, so a source will not need
to go through a second cumbersome Title V permit revision process.  Our
main concern is that industry may be led to believe that White Paper 3
provides substantial, new Title V flexibility, when in fact there is
little.

While we appreciate U.S. EPA’s attempt to be responsive to air
agencies and industry’s needs, we believe the real issue concerns the
need to revise the U.S. EPA’s Part 70 regulation to incorporate more
realistic Title V permit modification procedures.  The Part 70
regulation and, in particular, the permit modification procedures are
inherently prescriptive, and time consuming.  White Paper 3 appears to
be an attempt to work around the Part 70 procedures, by the use of
approaches that under ordinary

circumstance would be ill advised.  The use of approaches outlined White
Paper 3, usable to only a few Title V facilities, will not solve the
fundamental ongoing problems inherent in the Part 70 regulation.  To
the contrary, we believe that some of the approaches have the potential
to undermine long-standing preconstruction permit programs, developed to
protect air quality and public health.

For example, the White Paper 3 suggests, in some situations, that the
permitting authority should change preconstruction permit conditions to
achieve flexibility for Title V operating permits.  We understand that
in some limited situations, it may be desirable to revise
preconstruction permit conditions that are unnecessarily prescriptive.
However, we would discourage widespread changes to preconstruction
permit conditions for the purpose of creating Title V flexibility.
Title V is intended to be an administrative process to consolidate
existing permit conditions from the underlying emissions-control-related
programs, and should not be used as a means to impose non-control
related, and possibly adverse, new requirements that may lead to actual
emissions increases.

Much of White Paper 3 focuses on the creation of emission caps. Several
districts in California have adopted certain control-based rules to
enable the use of either facility-wide emission caps or the use of
field-wide emission caps (limited to equipment for petroleum
production).  Such underlying district rules were adopted to directly
provide flexibility, while achieving emission reductions.   White Paper
Number 3 would not provide any more flexibility than existing district
requirements.  Instead, our concern is that White Paper Number 3 could
reduce the underlying flexibility, by having Title V administrative
requirements that are excessively duplicative or not consistent with
district requirements.  For example, permit modification procedures, and
monitoring, testing, recordkeeping, reporting, and certification
requirements under Title V, may be different and less flexible than
district requirements and thus the speed of facility changes could be
hindered.

The ongoing issue of Part 70 revisions is beyond the scope of the
August 15, 2000 public notice in the Federal Register.  As you know,
for many years we have discussed with U.S. EPA staff, possible ways to
revise Part 70.  We have coordinated with state and local permitting
authorities, notably through the California Air Pollution Officers
Association (CAPCOA), and the State and Territorial Air Pollution
Program Administrators / Association of Local Air Pollution Control
Officials (STAPPA/ALAPCO), on ways to revise the current Part 70
regulation.  We also have had discussions with industry and
environmental groups.

It is our intent to continue to work with the U.S. EPA and others to
develop a more realistic program through the Part 70 revisions.  We
thank you for this opportunity to provide comments on the draft guidance
document.  If you want to discuss our comment in detail, I can be
reached at<PHONE_NUMBER>.

Sincerely,

/ S /

Raymond E. Menebroker, Chief

Project Assessment Branch

Stationary Source Division

cc:	Mr. Rick McVaigh, Chair

	Title V Subcommittee

	California Air Pollution Officers Association (CAPCOA)

	San Joaquin Valley Unified Air Pollution Control District

	Ms. Geri O’Sullivan

	Permitting Committee

State and Territorial Air Pollution Program Administrators / Association
of Local

Air Pollution Control Officials (STAPPA/ALAPCO)

Mr. Terry McCall

	South Coast Air Quality Management District

California Environmental Protection Agency

Printed on Recycled Paper

Mr. Michael Trutna

Page   PAGE  2

Gray Davis

Governor

Air Resources Board

Alan C. Lloyd, Ph.D.

Chairman

2020 L Street • P.O. Box 2815 • Sacramento, California  95812 •
www.arb.ca.gov

Winston H. Hickox

Winston H. Hickox

Agency Secretary