[Federal Register: April 14, 2006 (Volume 71, Number 72)]
[Notices]
[Page 19495-19496]
[DOCID:fr14ap06-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-388-000; CP06-1-000]

Southern Natural Gas Company; Florida Gas Transmission Company;
Notice of Availability of the Final Environmental Impact Statement for
the Proposed Cypress Pipeline Project and Phase VII Expansion Project

April 7, 2006.
    The staff of the Federal Energy Regulatory Commission (Commission
or FERC) has prepared a final environmental impact statement (EIS) on
the natural gas pipeline facilities proposed by Southern Natural Gas
Company (Southern) and Florida Gas Transmission Company (FGT) in the
above-referenced dockets. Southern's Cypress Pipeline Project would be
located in various counties in southern Georgia and northern Florida.
FGT's Phase VII Expansion Project (FGT Expansion Project) would be
located in various counties in northern and central Florida.
    The final EIS was prepared to satisfy the requirements of the
National Environmental Policy Act (NEPA). The FERC staff concludes that
the proposed projects, with the appropriate mitigation measures as
recommended, would have limited adverse environmental impact.
    The U.S. Army Corps of Engineers (COE) has participated as a
cooperating agency in the preparation of the EIS because the projects
would require permits pursuant to section 404 of the Clean Water Act
(33 United States Code (U.S.C.) 1344) and section 10 of the Rivers and
Harbors Act (33 U.S.C. 403). The COE would adopt the EIS per Title 40
Code of Federal Regulations Part 1506.3 if, after an independent review
of the document, it concludes that its comments and suggestions have
been satisfied.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following facilities:

Cypress Pipeline Project

     About 166.9 miles of new 24-inch-diameter mainline
pipeline (mainline) in Effingham, Chatham, Bryan, Liberty, Long,
McIntosh, Glynn, Camden, and Charlton Counties, Georgia, and Nassau,
Duval, and Clay Counties, Florida;
     About 9.8 miles of new 30-inch-diameter pipeline loop
(loop) \1\ in Chatham and Effingham Counties, Georgia;
---------------------------------------------------------------------------

    \1\ A loop is a segment of pipeline that is usually installed
adjacent to an existing pipeline and connected to it at both ends.
The loop allows more gas to be moved through the system.
---------------------------------------------------------------------------

     About 0.1 mile of 12-inch-diameter lateral pipeline in
Duval County, Florida;
     Three new 10,350 horsepower (hp) gas-turbine-driven
compressor stations in Liberty and Glynn Counties, Georgia, and in
Nassau County, Florida;
     Four new meter stations in Glynn County, Georgia, and in
Nassau, Duval, and Clay Counties, Florida;
     Modifications at two existing meter stations in Chatham
and Cobb Counties, Georgia, and expansion of one meter station in
Effingham County, Georgia;
     16 new block valves including 14 associated with the new
mainline and two associated with the new loop; and
     Four new pig \2\ launcher/receiver facilities, including
two in Effingham County, Georgia, one in Glynn County, Georgia, and one
in Clay County, Florida, each collocated with new or existing meter
stations or new compressor station sites.
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    \2\ A pig is an internal tool that can be used to clean and dry
a pipeline and/or to inspect it for damage or corrosion.
---------------------------------------------------------------------------

    Southern proposes to construct its pipeline facilities in three
phases. Construction of Phase I would begin in October 2006 and be in
service by May 2007. Construction of Phase II would begin in fall 2008
and be in service by May 2009. Construction of Phase III would begin in
fall 2009 and be in service by May 2010.

FGT Phase VII Expansion Project

     About 32.6 miles of new 36-inch-diameter pipeline in three
separate loops in Gilchrist, Levy, and Hernando Counties, Florida;
     Replacement and upgrades to existing compressors for a net
increase of about 7,800 hp at FGT's Compressor Station no. 26 in Citrus
County, Florida;
     Replacement of an existing compressor to add about 2,000
hp at FGT's existing Compressor Station no. 24 in Gilchrist County,
Florida;
     Miscellaneous modifications and upgrades to existing
compressors with no increases in hp at FGT's Compressor Station nos.
16, 17, and in Bradford, Marion, and Hillsborough Counties, Florida,
respectively;
     A new interconnection with Southern's new mainline in Clay
County, Florida;
     Modifications to five existing metering and/or regulation
stations in Clay, Polk, Bradford, and Duval Counties, Florida; and
     New remote blowdown piping associated with the new
pipeline loops at two locations in Levy County and two locations in
Hernando County, Florida.
    FGT proposes to construct its pipeline facilities in two phases.
Construction of Phase I would begin in October 2006 and be in service
by May 2007. Phase II is planned to begin in October 2008 and be in
service by May 2009.
    The final EIS has been placed in the public files of the FERC and
the COE and is available for public inspection at:
    Federal Energy Regulatory Commission, Public Reference Room, 888
First Street, NE., Room 2A, Washington, DC 20426.<PHONE_NUMBER>.
    U.S. Army Corps of Engineers, Jacksonville District, 701 San Marco
Boulevard, Jacksonville, Florida 32207.<PHONE_NUMBER>.
    A limited number of copies are available from the FERC's Public
Reference Room identified above. In addition, copies of the final EIS
have been mailed to Federal, state, and local government agencies;
elected officials; Native American tribes; local libraries and
newspapers; intervenors in the FERC's proceeding; individuals who
provided scoping comments; and affected landowners and individuals.
    In accordance with the Council on Environmental Quality's (CEQ)
regulations implementing the NEPA, no agency decision on a proposed
action may be made until 30 days after the U.S. Environmental
Protection Agency publishes a notice of availability of a final EIS.
However, the CEQ regulations provide an exception to this rule when an
agency decision is subject to a formal internal appeal process which
allows other agencies or the public to make their views known. In such
cases, the agency decision may be made at the same time the notice of
the final EIS is published, allowing both periods to run concurrently.
The Commission's decisions for these proposed actions are subject to a
30-day rehearing period.
    Additional information about the projects is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the

``eLibrary'' link, select ``General Search'' from the eLibrary menu,
enter the selected date range and ``Docket Number,'' excluding the last
three digits in the Docket Number field (i.e., CP05-388 and/or CP06-1),
and follow the instructions. You may also search using the phrase
``Cypress Pipeline Project'' or ``FGT Phase VII Expansion Project'' in
the ``Text Search'' field. For assistance with access to eLibrary, the
helpline can be reached at 1-866-208-3676, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC Internet Web

site also provides access to the texts of

formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    In addition, the Commission now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/esubscribenow.htm
.

    Information concerning the involvement of the COE is available from
Jon Soderberg at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5561 Filed 4-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Page 30871]
[FR Doc No: 2017-13885]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0001]

Advisory Committee; Medical Imaging Drugs Advisory Committee,
Renewal

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; renewal of advisory committee.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
renewal of the Medical Imaging Drugs Advisory Committee by the
Commissioner of Food and Drugs (the Commissioner). The Commissioner has
determined that it is in the public interest to renew the Medical
Imaging Drugs Advisory Committee for an additional 2 years beyond the
charter expiration date. The new charter will be in effect until May
18, 2019.

DATES: Authority for the Medical Imaging Drugs Advisory Committee will
expire on May 18, 2017, unless the Commissioner formally determines
that renewal is in the public interest.

FOR FURTHER INFORMATION CONTACT: Jennifer Shepherd, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.65 and approval by
the Department of Health and Human Services pursuant to 45 CFR part 11
and by the General Services Administration, FDA is announcing the
renewal of the Medical Imaging Drugs Advisory Committee. The committee
is a discretionary Federal advisory committee established to provide
advice to the Commissioner. The Medical Imaging Drugs Advisory
Committee advises the Commissioner or designee in discharging
responsibilities as they relate to helping to ensure safe and effective
drugs for human use and, as required, any other product for which FDA
has regulatory responsibility.
    The Committee reviews and evaluates data concerning the safety and
effectiveness of marketed and investigational human drug products for
use in diagnostic and therapeutic procedures using radioactive
pharmaceuticals and contrast media used in diagnostic radiology and
makes appropriate recommendations to the Commissioner of Food and
Drugs.
    The Committee shall consist of a core of 12 voting members
including the Chair. Members and the Chair are selected by the
Commissioner or designee from among authorities knowledgeable in the
fields of nuclear medicine, radiology, epidemiology or statistics, and
related specialties. Members will be invited to serve for overlapping
terms of up to 4 years. Almost all non-Federal members of this
committee serve as Special Government Employees. The core of voting
members may include one technically qualified member, selected by the
Commissioner or designee, who is identified with consumer interests and
is recommended by either a consortium of consumer-oriented
organizations or other interested persons. In addition to the voting
members, the Committee may include one non-voting member who is
identified with industry interests.
    Further information regarding the most recent charter and other
information can be found at https://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/MedicalImagingDrugsAdvisoryCommittee/ucm273284.htm or by contacting the Designated Federal Officer (see FOR
FURTHER INFORMATION CONTACT). In light of the fact that no change has
been made to the committee name or description of duties, no amendment
will be made to 21 CFR 14.100.
    This document is issued under the Federal Advisory Committee Act (5
U.S.C. app.). For general information related to FDA advisory
committees, please visit us at https://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: June 27, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-13885 Filed 6-30-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Notices]
[Page 59741]
[DOCID:fr13oc05-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-699-000]

Gas Transmission Northwest Corporation; Notice of Proposed
Changes in FERC Gas Tariff

October 5, 2005.

    Take notice that on September 30, 2005, Gas Transmission Northwest
Corporation (GTN) tendered for filing as part of its FERC Gas Tariff,
Third Revised Volume No. 1-A, Eighth Revised Sheet No. 4, to become
effective November 1, 2005.
    GTN further states that a copy of this filing has been served on
GTN's jurisdictional customers and interested state regulatory
agencies.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5638 Filed 10-12-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Notices]
[Page 78284]
[FR Doc No: 2015-31602]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Airport Grant
Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to revise a previously approved
information collection. The FAA collects data from airport sponsors and
planning agencies to determine eligibility, and to ensure proper use of
Federal Funds and project accomplishment for the Airports Grants
Program.

DATES: Written comments should be submitted by February 16, 2016.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0569.
    Title: Airport Grants Program.
    Form Numbers: FAA Forms 5100-100, 5100-101, 5100-108, 5100-125,
5100-126, 5370-1, 5100-110, 5100-128, 5100-129, 5100-130, 5100-131,
5100-132, 5100-133, 5100-134, 5100-135, 5100-136, 5100-137, 5100-138,
5100-139, 5100-140, 5100-141, 5100-142.
    Type of Review: Revision of an information collection.
    Background Codification of Certain U.S. Transportation Laws at 49
U.S.C., repealed the Airport and Airway Improvement Act of 1982, as
amended, and the Aviation Safety and Noise Abatement Act of 1979, as
amended, and re-codified them without substantive change at Title 49,
U.S.C., which is referred to as the ``Act''. The Act provides funding
for airport planning and development projects at airports included in
the National Plan of Integrated Airport Systems. The Act also
authorizes funds for noise compatibility planning and to carry out
noise compatibility programs. The information required by this program
is necessary to protect the Federal interest in safety, efficiency, and
utility of the Airport. Data is collected to meet report requirements
of 2 CFR part 200 for certifications and representations, financial
management and performance measurement.
    Respondents: Approximately 12,607 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 9 hours.
    Estimated Total Annual Burden: 117,699 hours.

    Issued in Washington, DC, on December 9, 2015.
Ronda Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2015-31602 Filed 12-15-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Notices]
[Page 57704-57712]
[DOCID:fr09no09-84]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0005]

Avalotis Corp.; Notice of Application for a Permanent Variance
and Interim Order, Grant of an Interim Order, and Request for Comments

AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.

ACTION: Application for a permanent variance and interim order; grant
of an interim order.

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SUMMARY: Avalotis Corp. (``the applicant'') applied for a permanent
variance from the provisions of the OSHA standards that regulate
boatswain's chairs and hoist towers, specifically paragraph (o)(3) of
29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13),
(c)(14)(i), and (c)(16) of 29 CFR 1926.552. In addition, the applicant
requested an interim order based on the alternative conditions
specified by the variance application. These alternative conditions
consist of the same conditions specified in recent variances granted by
OSHA from these hoist-tower and boatswain's-chair provisions, as well
as several additional conditions that would provide workers with
protection from shearing, fall, and struck-by hazards. Therefore, OSHA
is granting the applicant's request for an interim order.

DATES: Comments and requests for a hearing must be submitted
(postmarked, sent, or received) by December 9, 2009. The interim order
specified by this notice becomes effective on November 9, 2009.

ADDRESSES: Electronic. Comments and requests for a hearing may be
submitted electronically at http://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions online for
submitting comments.
    Facsimile. OSHA allows facsimile transmission of comments that are
10 pages or fewer in length (including attachments), as well as hearing
requests. Send these comments and requests to the OSHA Docket Office at
(202) 693-1648; hard copies of these comments are not required. Instead
of transmitting facsimile copies of attachments that supplement their
comments (e.g., studies and journal articles), commenters may submit
these attachments, in triplicate hard copy, to the OSHA Docket Office,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210. These attachments must
clearly identify the sender's name, date, subject, and docket number
(i.e., OSHA-2009-0005) so that the Agency can attach them to the
appropriate comments.
    Regular mail, express delivery, hand (courier) delivery, and
messenger service. Submit three copies of comments and any additional
material (e.g., studies and journal articles), as well as hearing
requests, to the OSHA Docket Office, Docket No. OSHA-2009-0005,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. Please contact the OSHA Docket Office at<PHONE_NUMBER> for
information about security procedures concerning the delivery of
materials by express delivery, hand delivery, and messenger service.
The hours of operation for the OSHA Docket Office and Department of
Labor are 8:15 a.m. to 4:45 p.m., e.t.
    Instructions. All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA Docket No. OSHA-2009-0005). OSHA places
comments and other materials, including any personal information, in
the public docket without revision, and these materials may be
available online at http://www.regulations.gov. Therefore, the Agency
cautions commenters about submitting statements they do not want made
available to the public, or submitting comments that contain personal
information (either about themselves or others) such as Social Security
numbers, birth dates, and medical data.
    Docket. To read or download submissions or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. All documents in the docket are listed in the
http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: General information and press
inquiries. For general information and press inquiries about this
notice contact Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone:<PHONE_NUMBER>.
    Technical information. For technical information about this notice,
contact

MaryAnn Garrahan, Director, Office of Technical Programs and
Coordination Activities, Room N-3655, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-2110; fax:<PHONE_NUMBER>. Copies of this Federal Register notice.
Electronic copies of this notice are available at http://
www.regulations.gov. Electronic copies of this notice, as well as news
releases and other relevant information, are available on OSHA's Web
page at http://www.osha.gov.

I. Notice of Application

    Avalotis Corp. (``the applicant'') submitted an application for a
permanent variance under Section 6(d) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and
other relief under section 6(d)'') (see Ex. 1--Avalotis Corp.
Application).\1\ The applicant seeks a permanent variance from 29 CFR
1926.452(o)(3), which provides the tackle requirements for boatswain's
chairs. The applicant also requests a variance from paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR
1926.552 that regulate hoist towers. These latter paragraphs specify
the following requirements:
---------------------------------------------------------------------------

    \1\ The principal address for the applicant is: Avalotis Corp.,
400 Jones Street, Verona, PA 15147.
---------------------------------------------------------------------------

     (c)(1)--Construction requirements for hoist towers outside
a structure;
     (c)(2)--Construction requirements for hoist towers inside
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum
hoisting; and
     (c)(16)--Material and component requirements for
construction of personnel hoists.
    The applicant contends that the permanent variance would provide
its workers with a place of employment that is at least as safe and
healthful as they would obtain under the existing provisions. The
places of employment affected by this variance application are the
present and future projects where the applicant constructs chimneys.
    The applicant certifies that it provided employee representatives
of current workers who would be affected by the permanent variance with
a copy of its variance request. The applicant also certifies that it
notified its workers of the variance request by posting a summary of
the application and specifying where the workers can examine a copy of
the application at prominent locations where they normally post notices
to its workers. In addition, the applicant informed workers and their
representatives of their right to petition the Assistant Secretary of
Labor for Occupational Safety and Health for a hearing on this variance
application.

II. Multi-State Variance

    The applicant stated that it performs chimney work in a number of
States and Territories that operate OSHA-approved safety and health
programs under Section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.). Twenty-seven States and Territories have
OSHA-approved safety and health programs.\2\ As part of this variance
process, the Directorate of Cooperative and State Programs will notify
the State-Plan States and Territories of this variance application and
advise them that, unless they object, OSHA will assume the State's
position regarding this application is the same as its position
regarding prior identical variances.
---------------------------------------------------------------------------

    \2\ Four State-Plan States (i.e., Connecticut, Illinois, New
Jersey, and New York) and one Territory (i.e., Virgin Islands) limit
their occupational safety and health authority to public-sector
employees only. The 21 State-Plan States and one Territory that have
jurisdiction over both public- and private-sector employers and
employees are: Alaska, Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and Wyoming.
---------------------------------------------------------------------------

    Thirteen States and one Territory have agreed to the terms of the
earlier variance requests addressing chimney construction (i.e.,
Alaska, Arizona, Indiana, Maryland, Minnesota, Nevada, New Mexico,
North Carolina, Oregon, Puerto Rico, Tennessee, Vermont, Virginia, and
Wyoming). Four States have imposed additional requirements and
conditions (i.e., Kentucky, Michigan, South Carolina, and Utah), and
four States have objected to the earlier variance requests (i.e.,
California, Hawaii, Iowa, and Washington). In the eight States that
impose additional conditions or have declined the terms of the variance
application, employers would have to contact or apply directly to the
State-Plan Office and meet State-specific requirements should OSHA
grant the variance request. The variance would not be applicable to
five State Plans that cover only public-sector workers (i.e.,
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands),
and authority over variances in these States continues to reside with
Federal OSHA.

III. Supplementary Information

A. Overview

    The applicant constructs remodels, repairs, maintains, inspects,
and demolishes tall chimneys made of reinforced concrete, brick, and
steel. This work requires the applicant to transport workers and
construction material to and from elevated work platforms and scaffolds
located, respectively, inside and outside tapered chimneys. While
tapering contributes to the stability of a chimney, it requires
frequent relocation of, and adjustments to, the work platforms and
scaffolds so that they will fit the decreasing circumference of the
chimney as construction progresses upwards.
    To transport workers to various heights inside and outside a
chimney, the applicant proposes to use a hoist system that would lift
and lower personnel-transport devices (i.e., personnel cages, personnel
platforms, or boatswain's chairs). The applicant also would attach
material-transport devices such as hoppers, concrete buckets, or other
containers to the hoist system to raise or lower construction material
or equipment inside or outside a chimney. The applicant would use
personnel cages, personnel platforms, or boatswain's chairs solely to
transport workers with the tools and materials necessary to do their
work, and not to transport only materials or tools in the absence of
workers.

B. Previous Variances From 29 CFR 1926.452(o)(3) and 1926.552(c)

    Since 1973, a number of chimney construction companies demonstrated
to OSHA that several of the hoist-tower requirements of 29 CFR
1926.552(c) present chimney-access problems that pose a serious danger
to their workers. These companies received permanent variances from
these personnel-hoist and boatswain's-chair requirements, and they used
essentially the same alternate apparatus and procedures that the
applicant is now proposing to use in this variance application. The
Agency published the permanent variances for these companies at 38 FR
8545 (April 3, 1973), 44 FR 51352 (August 31, 1979), 50 FR 20145 (May
14, 1985), 50 FR 40627 (October 4, 1985), 52 FR 22552 (June 12, 1987),
68 FR 52961 (September 8, 2003), 70 FR 72659 (December 6, 2005), 71 FR
10557 (March 1, 2006), 74

FR 34789 (July 17, 2009) and 74 FR 41742 (August 18, 2009).\3\
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    \3\ Zurn Industries, Inc. received two permanent variances from
OSHA. The first variance, granted on May 14, 1985 (50 FR 20145),
addressed the boatswain's-chair provision (then in paragraph (l)(5)
of Sec.  1926.451), as well as the hoist-tower requirements of
paragraphs (c)(1), (c)(2), (c)(3), and (c)(14)(i) of Sec.  1926.552.
The second variance, granted on June 12, 1987 (52 FR 22552),
included these same paragraphs, as well as paragraphs (c)(4),
(c)(8), (c)(13), and (c)(16) of Sec.  1926.552.
---------------------------------------------------------------------------

    In 1980, the Agency evaluated the alternative conditions specified
in the permanent variances that it granted to chimney construction
companies as of that date. In doing so, OSHA observed hoisting
operations conducted by these companies at various construction sites.
These evaluations found that, while the alternative conditions
generally were safe, compliance with the conditions among the companies
was uneven (see Ex. 2--OSHA Evaluation Report). Additionally, the
National Chimney Construction Safety and Health Advisory Committee
(NCCSHAC), an industry-affiliated organization, conducted evaluations
of the hoist systems that provided useful information regarding the
safety and efficacy of the alternative conditions (see Ex. 3--NCCSHAC
Report).
    The permanent variance granted by OSHA to American Boiler and
Chimney Co. and Oak Park Chimney Corp. (see 68 FR 52961, September 8,
2003) updated the permanent variances granted by the Agency in the
1970s and 1980s by clarifying the alternative conditions and citing the
most recent consensus standards and other references. In 2009, OSHA
updated a letter of interpretation regarding the provisions that
regulate the tackle used for boatswain's chairs (29 CFR
1926.452(o)(3)), as well as the provisions specified for personnel
hoists in 29 CFR 1926.552(c)(1) through 1926.552(c)(4), 1926.552(c)(8),
1926.552(c)(13), 1926.552(c)(14)(i), and 1926.552(c)(16). The updates
include conditions that the Agency believes are necessary to protect
workers from shearing or struck-by hazards associated with using hoist
systems in chimney construction (see Ex. 4--2009 Revised OSHA Letter of
Interpretation). OSHA shared the letter of interpretation with the
applicant (see Ex. 5--OSHA E-mail to Avalotis Corp.). The applicant
reviewed the letter of interpretation and notified OSHA that its
application for variance should be amended to include all conditions
described in the letter of interpretation (see Ex. 6--Avalotis Corp.
Letter to OSHA). In this letter, the applicant also requested that its
application be amended to include the following conditions, which are
included in the most recent variances granted by OSHA: Notify the OSHA
Area Office nearest to the worksite, or the appropriate State Plan
Office, of the operation prior to commencing any chimney construction
operation; and, inform OSHA national headquarters as soon as it has
knowledge that it will cease to do business or transfer the activities
covered by a granted variance or interim order to a successor company.
    On the basis of its experience and knowledge, the Agency finds that
the applicant's request for a permanent variance is consistent with the
permanent variances that OSHA granted previously to other employers in
the chimney construction industry. Therefore, the Agency believes that
the conditions specified in this variance application will provide the
applicant's workers with at least the same level of safety they would
receive from 29 CFR 1926.452(o)(3) and paragraphs (c)(1) through
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.

C. Requested Variance From 29 CFR 1926.452(o)(3)

    The applicant states that it is necessary, on occasion, to use a
boatswain's chair to transport workers to and from a bracket scaffold
on the outside of an existing tapered chimney during flue installation
or repair work, or to and from an elevated scaffold located inside a
chimney that has a tapering diameter. Paragraph (o)(3) of 29 CFR
1926.452, which regulates the tackle used to rig a boatswain's chair,
states that this tackle must ``consist of correct size ball bearings or
bushed blocks containing safety hooks and properly `eye-spliced'
minimum five-eighth (\5/8\) inch (1.6 cm) diameter first-grade manila
rope [or equivalent rope].''
    The primary purpose of this paragraph is to allow a worker to
safely control the ascent, descent, and stopping locations of the
boatswain's chair. However, the applicant notes that the required
tackle is difficult or impossible to operate on some chimneys that are
over 200 feet tall because of space limitations. Therefore, as an
alternative to complying with the tackle requirements specified by 29
CFR 1926.452(o)(3), the applicant proposes to use the hoisting system
described in Section II.E (``Proposed Alternative to 29 CFR
1926.452(o)(3) and 29 CFR 1926.552(c)'') of this notice, both inside
and outside a chimney, to raise or lower workers in a personnel cage to
work locations. The applicant would use a personnel cage for this
purpose to the extent that adequate space is available; it would use a
personnel platform whenever a personnel cage is infeasible because of
limited space. When limited space makes a personnel platform
infeasible, the applicant then would use a boatswain's chair to lift
workers to work locations. The applicant would limit use of the
boatswain's chair to elevations above the highest work location that
the personnel cage and personnel platform can reach; under these
conditions, the applicant would attach the boatswain's chair directly
to the hoisting cable only when the structural arrangement precludes
the safe use of the block and tackle required by 29 CFR 1926.452(o)(3).

D. Requested Variance From 29 CFR 1926.552(c)

    Paragraph (c) of 29 CFR 1926.552 specifies the requirements for
enclosed hoisting systems used to transport personnel from one
elevation to another. This paragraph ensures that employers transport
workers safely to and from elevated work platforms by mechanical means
during the construction, alteration, repair, maintenance, or demolition
of structures such as chimneys. However, this standard does not provide
specific safety requirements for hoisting personnel to and from
elevated work platforms and scaffolds in tapered chimneys; the tapered
design requires frequent relocation of, and adjustment to, the work
platforms and scaffolds. The space in a tapered chimney is not large
enough or configured so that it can accommodate an enclosed hoist
tower. Moreover, using an enclosed hoist tower for outside operations
exposes workers to additional fall hazards because extra bridging and
bracing must be installed to support a walkway between the hoist tower
and the tapered chimney.
    Paragraph (c)(1) of 29 CFR 1926.552 requires employers to enclose
hoist towers located outside a chimney on the side or sides used for
entrance to, and exit from, the chimney; these enclosures must extend
the full height of the hoist tower. The applicant asserts that it is
impractical and hazardous to locate a hoist tower outside tapered
chimneys because it becomes increasingly difficult, as a chimney rises,
to erect, guy, and brace a hoist tower; under these conditions, access
from the hoist tower to the chimney or to the movable scaffolds used in
constructing the chimney exposes workers to a serious fall hazard.
Additionally, the applicant notes that the requirement to extend the
enclosures 10 feet above the outside scaffolds often exposes the
workers involved in building these extensions to dangerous wind
conditions.
    Paragraph (c)(2) of 29 CFR 1926.552 requires that employers enclose
all four

sides of a hoist tower even when the tower is located inside a chimney;
the enclosure must extend the full height of the tower. The applicant
contends that it is hazardous for workers to erect and brace a hoist
tower inside a chimney, especially tapered chimneys, because these
structures have limited space and cannot accommodate hoist towers;
space limitations result from chimney design (e.g., tapering), as well
as reinforced steel projecting into the chimney from formwork that is
near the work location.
    As an alternative to complying with the hoist-tower requirements of
29 CFR 1926.552(c)(1) and (c)(2), the applicant proposes to use the
hoist system described below in Section II.E (``Proposed Alternative to
29 CFR 1926.452(o)(3) and 29 CFR 1926.552(c)'') of this notice to
transport workers to and from work locations inside and outside
chimneys. Use of the proposed hoist system would eliminate the need for
the applicant to comply with other provisions of 29 CFR 1926.552(c)
that specify requirements for hoist towers. Therefore, the applicant
also is requesting a permanent variance from the following related
provisions:
     (c)(3)--Anchoring the hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates
that prevent hoist movement when the doors or gates are open;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum-
type hoisting; and
     (c)(16)--Material and component requirements for
construction of personnel hoists.
    The applicant asserts that the proposed hoisting system would
protect its workers at least as effectively as the hoist-tower
requirements of 29 CFR 1926.552(c).

E. Proposed Alternative to 29 CFR 1926.452(o)(3) and 29 CFR 1926.552(c)

    To power the hoist system, the applicant would use a hoist engine,
located and controlled outside the chimney. The system also would
consist of a wire rope that: spools off the hoist drum into the
interior of the chimney; passes to a footblock that redirects the rope
from the horizontal to the vertical planes; goes from the footblock
through the overhead sheaves above the elevated platform; and finally
drops to the bottom landing of the chimney where it connects to a
personnel- or material-transport device. The cathead, which is a
superstructure at the top of the hoist system, supports the overhead
sheaves. The overhead sheaves (and the vertical span of the hoist
system) move upward with the hoist system as chimney construction
progresses. Two guide cables, suspended from the cathead, eliminate
swaying and rotation of the load. If the hoist rope breaks, safety
clamps activate and grip the guide cables to prevent the load from
falling. The applicant would use a headache ball, located on the hoist
rope directly above the load, to counterbalance the rope's weight
between the cathead sheaves and the footblock.
    The applicant would implement additional conditions to improve
worker safety, including:
    (1) Attaching the wire rope to the personnel cage using a keyed-
screwpin shackle or positive-locking link;
    (2) Adding limit switches to the hoist system to prevent overtravel
by the personnel- or material-transport devices;
    (3) Providing the safety factors and other precautions required for
personnel hoists specified by the pertinent provisions of 29 CFR
1926.552(c), including canopies and shields to protect workers located
in a personnel cage from material that may fall during hoisting and
other overhead activities;
    (4) Providing falling-object protection for scaffold platforms as
specified by 29 CFR 1926.451(h)(1);
    (5) Conducting tests and inspections of the hoist system as
required by 29 CFR 1926.20(b)(2) and 1926.552(c)(15);
    (6) Establishing an accident prevention program that conforms to 29
CFR 1926.20(b)(3);
    (7) Equipping workers who use a personnel cage, personnel platform,
or boatswain's chair with, and ensuring that they use, personal fall
arrest systems meeting the requirements of 29 CFR 1926.502(d);
    (8) Ensuring that workers using a personnel cage secure their
personal fall arrest system to an attachment point located inside the
cage, and that workers using personnel platforms or boatswain's chairs
secure their personal fall arrest systems to a vertical lifeline;
    (9) When using vertical lifelines, securing the lifelines to the
top of the chimney and weighting the lifelines properly or suitably
affixing the lifelines to the bottom of the chimney, and ensuring that
workers remain attached to their lifeline during the entire period of
vertical transit;
    (10) Providing instruction to each worker who uses a personnel
platform or boatswain's chair regarding the shearing hazards posed by
the hoist system (e.g., work platforms, scaffolds), and the need to
keep their limbs or other body parts clear of these hazards during
hoisting operations;
    (11) Providing the instruction on shearing hazards before a worker
uses one of these personnel-transport devices at the worksite; and
periodically, and as necessary, thereafter, including whenever the
worker demonstrates a lack of knowledge about the hazard or how to
avoid it, a modification occurs to an existing shearing hazard, or a
new shearing hazard develops at the worksite;
    (12) Attaching a readily visible warning to each personnel platform
and boatswain's chair notifying workers in a language they understand
of potential shearing hazards during hoisting operations. For warnings
located on personnel platforms, using the following (or equivalent)
wording: ``Warning--To avoid serious injury, keep your hands, arms,
feet, legs, and other parts of your body inside this platform while it
is in motion.'' For boatswain's chairs, the warning would use the
following (or equivalent) wording: ``Warning--To avoid serious injury,
do not extend your hands, arms, feet, legs, or other parts of your body
from the side or to the front of this chair while it is in motion'';
and
    (13) Establishing a clearly designated exclusion zone around the
hoist system's bottom landing and prohibiting any worker from entering
the exclusion zone except to access a personnel cage, personnel
platform, boatswain's chair, or material-transport device, and then
only when the personnel- and material-transport device is at the bottom
landing and not in operation.
    In its revised letter of interpretation (see Ex. 4--2009 Revised
OSHA Letter of Interpretation), OSHA revised the requirements for using
personal fall protection systems specified in previous variances
addressing these hoist systems (see Conditions 7 and 8, above). This
revision requires the applicant to provide workers using personnel
cages with personal fall protection systems, and to ensure that the
workers use these systems in accordance with 29 CFR 1926.502(d). OSHA
believes this revision will protect workers from falling out of a
personnel cage in the event the door of the cage opens inadvertently
during lifting operations.
    Conditions 10-13 are new conditions that were added when OSHA
revised its letter of interpretation. OSHA believes that these
additional conditions are necessary to protect workers from shearing,
fall, and struck-by hazards associated with using hoist systems in
chimney construction. Accordingly, conditions 10-12 address shearing
hazards that workers may encounter while a personnel platform or

boatswain's chair is transporting them to or from an elevated jobsite.
During transport, the personnel-transport device will pass near
structures, including work platforms and scaffolds that could crush or
inflict other serious injury on a hand, arm, foot, leg, or other body
part that extends beyond the confines of the device. To prevent these
injuries, OSHA believes that workers who use these devices must be able
to recognize shearing hazards at the worksite, and how to avoid them.
Additionally, attaching a readily visible warning of the hazards to
personnel platforms and boatswain's chairs would supplement and
reinforce the hazard training by reminding workers of the hazard and
how to avoid it.
    The last condition (Condition 13) requires the applicant to
establish an exclusion zone around the bottom landing where workers
access personnel- and material-transport devices. The applicant must
ensure that workers enter the exclusion zone only to access a transport
device that is in the area circumscribed by the exclusion zone, and
only when the hoist system is not in operation. This condition will
prevent a transport device that is descending from an elevated jobsite
from striking a worker who is in or near the bottom-landing area and is
not aware of the descending device. During descent, it also is
difficult for workers in or on these devices to detect a worker beneath
them. Therefore, it is necessary for the applicant to establish an
exclusion zone and ensure that workers only enter the exclusion zone
when a transport device is at the bottom landing and not in operation
(i.e., the drive components of the hoist system are disengaged and the
braking mechanism is properly applied).
    In its letter (Ex. 6--Avalotis Corp. Letter to OSHA), the applicant
agreed to adopt all the conditions specified in the August 18, 2009
letter of interpretation, and also indicated that it would adopt
conditions that require the applicant to notify (1) the nearest OSHA
Area Office, or appropriate State Plan Office, at least 15 days before
commencing chimney construction operations covered by the variance
application, and (2) OSHA national headquarters as soon as an applicant
knows that it will cease doing business or transfers the activities
covered by the variance to another company. OSHA believes that these
notification requirements would improve administrative oversight of the
variance program, thereby enhancing worker safety and reducing its
administrative burden.

III. Grant of Interim Order

    In addition to requesting a permanent variance, the applicant also
requested an interim order that would remain in effect until the Agency
makes a decision on its application for a permanent variance. During
this period, the applicant must comply fully with the conditions of the
interim order as an alternative to complying with the tackle
requirements provided for boatswain's chairs by 29 CFR 1926.452(o)(3)
and the requirements for hoist towers specified by paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR
1926.552.
    Based on its previous experience with permanent variances from
these provisions granted to other companies, OSHA believes that an
interim order is justified in this case. As noted above in Section II.B
(``Previous Variances from 29 CFR 1926.452(o)(3) and 1926.552(c)'') of
this notice, the Agency has granted a number of permanent variances
from these provisions since 1973. Over this period, the affected
companies have effectively used the alternative conditions specified in
the variances. The conditions of the interim order requested by the
applicant substantially duplicate the conditions approved recently in
the permanent variance granted to American Boiler and Chimney Co. and
Oak Park Chimney Corp. (see 68 FR 52961), while adding conditions that
would provide workers with protection from shearing, fall, and struck-
by hazards. In granting a permanent variance to American Boiler and
Chimney Co. and Oak Park Chimney Corp., the Agency stated, ``[W]hen the
employers comply with the conditions of the following order, their
workers will be exposed to working conditions that are at least as safe
and healthful as they would be if the employers complied with paragraph
(o)(3) of 29 CFR 1926.452, and paragraphs (c)(1) through (c)(4),
(c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.'' (See 68
FR 52967.)
    Based on its determination that the alternative conditions proposed
by American Boiler and Chimney Co. and Oak Park Chimney Corp. will
protect workers at least as effectively as the requirements of
paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, as
well as the additional conditions specified in this variance
application that will protect workers from shearing, fall, and struck-
by hazards, OSHA has decided to grant an interim order to the applicant
pursuant to the provisions of 29 CFR 1905.11(c). Accordingly, in lieu
of complying with paragraph (o)(3) of 29 CFR 1926.452 and paragraphs
(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29
CFR 1926.552, the applicant will: (1) Provide notice of this grant of
an interim order to the workers affected by the conditions of the
interim order using the same means it used to inform these workers of
their applications for a permanent variance; and (2) comply with the
conditions listed below in Section IV (``Specific Conditions of the
Interim Order and the Application for a Permanent Variance'') of this
application for the period between the date of this Federal Register
notice and the date the Agency publishes its final decision on the
application in the Federal Register; the interim order will remain in
effect during this period unless OSHA modifies or revokes it in
accordance with the requirements of 29 CFR 1905.13.

IV. Specific Conditions of the Interim Order and the Application for a
Permanent Variance

    The following conditions apply to the interim order being granted
by OSHA to Avalotis Corp. as part of its application for a permanent
variance described in this Federal Register notice. In addition, these
conditions specify the alternatives to the requirements of paragraph
(o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8),
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552 that the applicant
is proposing in its application for a permanent variance. These
conditions include: \4\
---------------------------------------------------------------------------

    \4\ In these conditions, the verb ``must'' applies to the
interim order, while the verb ``would'' pertains to the application
for a permanent variance.
---------------------------------------------------------------------------

1. Scope

    (a) The interim order/permanent variance applies/would apply only
to tapered chimneys when the applicant uses a hoist system during
inside or outside chimney construction to raise or lower its workers
between the bottom landing of a chimney and an elevated work location
on the inside or outside surface of the chimney.
    (b) When using a hoist system as specified in this interim order/
permanent variance, the applicant must/would:
    (i) Use the personnel cages, personnel platforms, or boatswain's
chairs raised and lowered by the hoist system solely to transport
workers with the tools and materials necessary to do their work; and
    (ii) Attach a hopper or concrete bucket to the hoist system to
raise and

lower all other materials and tools inside or outside a chimney.
    (c) Except for the requirements specified by 29 CFR 1926.452(o)(3)
and 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and
(c)(16), the applicant must/would comply fully with all other
applicable provisions of 29 CFR parts 1910 and 1926.

2. Replacing a Personnel Cage With a Personnel Platform or a
Boatswain's Chair

    (a) Personnel platform. When the applicant demonstrates that
available space makes a personnel cage for transporting workers
infeasible, it may replace the personnel cage with a personnel platform
when it limits use of the personnel platform to elevations above the
last work location that the personnel cage can reach.
    (b) Boatswain's chair. The applicant must/would:
    (i) Before using a boatswain's chair, demonstrate that available
space makes it infeasible to use a personnel platform for transporting
workers;
    (ii) Limit use of a boatswain's chair to elevations above the last
work location that the personnel platform can reach; and
    (iii) Use a boatswain's chair in accordance with block-and-tackle
requirements specified by 29 CFR 1926.452(o)(3), unless it can
demonstrate that the structural arrangement of the chimney precludes
such use.

3. Qualified Competent Person

    (a) The applicant must/would:
    (i) Provide a qualified competent person, as specified in
paragraphs (f) and (m) of 29 CFR 1926.32, who is responsible for
ensuring that the design, maintenance, and inspection of the hoist
system comply with the conditions specified herein and with the
appropriate requirements of 29 CFR part 1926 (``Safety and Health
Regulations for Construction''); and
    (ii) Ensure that the qualified competent person is present at
ground level to assist in an emergency whenever the hoist system is
raising or lowering workers.
    (b) The applicant must/would use a qualified competent person to
design and maintain the cathead described under Condition 8 (``Cathead
and Sheave'') below.

4. Hoist Machine

    (a) Type of hoist. The applicant must/would designate the hoist
machine as a portable personnel hoist.
    (b) Raising or lowering a transport. The applicant must/would
ensure that:
    (i) The hoist machine includes a base-mounted drum hoist designed
to control line speed; and
    (ii) Whenever it raises or lowers a personnel or material hoist
(e.g., a personnel cage, personnel platform, boatswain's chair, hopper,
concrete bucket) using the hoist system:
    (A) The drive components are engaged continuously when an empty or
occupied transport is being lowered (i.e., no ``freewheeling'');
    (B) The drive system is interconnected, on a continuous basis,
through a torque converter, mechanical coupling, or an equivalent
coupling (e.g., electronic controller, fluid clutches, hydraulic
drives);
    (C) The braking mechanism is applied automatically when the
transmission is in the neutral position and a forward-reverse coupling
or shifting transmission is being used; and
    (D) No belts are used between the power source and the winding
drum.
    (c) Power source. The applicant must/would power the hoist machine
by an air, electric, hydraulic, or internal-combustion drive mechanism.
    (d) Constant-pressure control switch. The applicant must/would:
    (i) Equip the hoist machine with a hand- or foot-operated constant-
pressure control switch (i.e., a ``deadman control switch'') that stops
the hoist immediately upon release; and
    (ii) Protect the control switch to prevent it from activating if
the hoist machine is struck by a falling or moving object.
    (e) Line-speed indicator. The applicant must/would:
    (i) Equip the hoist machine with an operating line-speed indicator
maintained in proper working order; and
    (ii) Ensure that the line-speed indicator is in clear view of the
hoist operator during hoisting operations.
    (f) Braking systems. The applicant must/would equip the hoist
machine with two (2) independent braking systems (i.e., one automatic
and one manual) located on the winding side of the clutch or couplings,
with each braking system being capable of stopping and holding 150
percent of the maximum rated load.
    (g) Slack-rope switch. The applicant must/would equip the hoist
machine with a slack-rope switch to prevent rotation of the winding
drum under slack-rope conditions.
    (h) Frame. The applicant must/would ensure that the frame of the
hoist machine is a self-supporting, rigid, welded-steel structure, and
that holding brackets for anchor lines and legs for anchor bolts are
integral components of the frame.
    (i) Stability. The applicant must/would secure hoist machines in
position to prevent movement, shifting, or dislodgement.
    (j) Location. The applicant must/would:
    (i) Locate the hoist machine far enough from the footblock to
obtain the correct fleet angle for proper spooling of the cable on the
drum; and
    (ii) Ensure that the fleet angle remains between one-half degree
(\1/2\[deg]) and one and one-half degrees (1\1/2\[deg]) for smooth
drums, and between one-half degree (\1/2\[deg]) and two degrees
(2[deg]) for grooved drums, with the lead sheave centered on the
drum.\5\
---------------------------------------------------------------------------

    \5\ This provision adopts the definition of, and specifications
for, fleet angle from Cranes and Derricks, H. I. Shapiro, et al.
(eds.); New York: McGraw-Hill; 3rd ed., 1999, page 592. Accordingly,
the fleet angle is ``[t]he angle the rope leading onto a [winding]
drum makes with the line perpendicular to the drum rotating axis
when the lead rope is making a wrap against the flange.''
---------------------------------------------------------------------------

    (k) Drum and flange diameter. The applicant must/would:
    (i) Provide a winding drum for the hoist that is at least 30 times
the diameter of the rope used for hoisting; and
    (ii) Ensure that the winding drum has a flange diameter that is at
least one and one-half (1-\1/2\) times the winding-drum diameter.
    (l) Spooling of the rope. The applicant must/would never spool the
rope closer than two (2) inches (5.1 cm) from the outer edge of the
winding-drum flange.
    (m) Electrical system. The applicant must/would ensure that all
electrical equipment is weatherproof.
    (n) Limit switches. The applicant must/would equip the hoist system
with limit switches and related equipment that automatically prevent
overtravel of a personnel cage, personnel platform, boatswain's chair,
or material-transport device at the top of the supporting structure and
at the bottom of the hoistway or lowest landing level.

5. Methods of Operation

    (a) Worker qualifications and training. The applicant must/would:
    (i) Ensure that only trained and experienced workers, who are
knowledgeable of hoist-system operations, control the hoist machine;
and
    (ii) Provide instruction, periodically and as necessary, on how to
operate the hoist system to each worker who uses a personnel cage,
personnel platform, or boatswain's chair for transportation.
    (b) Speed limitations. The applicant must/would not operate the
hoist at a speed in excess of:

    (i) Two hundred and fifty (250) feet (76.9 m) per minute when a
personnel cage is being used to transport workers;
    (ii) One hundred (100) feet (30.5 m) per minute when a personnel
platform or boatswain's chair is being used to transport workers; or
    (iii) A line speed that is consistent with the design limitations
of the system when only material is being hoisted (i.e., using a
dedicated material-transport device such as a hopper or concrete
bucket).
    (c) Communication. The applicant must/would:
    (i) Use an electronic voice-communication system to maintain
communication between the hoist operator and the workers located in or
on a moving personnel cage, personnel platform, or boatswain's chair;
    (ii) Stop hoisting if, for any reason, the communication system
fails to operate effectively; and
    (iii) Resume hoisting only when the worksite superintendent
determines that it is safe to do so.

6. Hoist Rope

    (a) Grade. The applicant must/would use a wire rope for the hoist
system (i.e., ``hoist rope'') that consists of extra-improved plow
steel, an equivalent grade of non-rotating rope, or a regular lay rope
with a suitable swivel mechanism.
    (b) Safety factor. The applicant must/would maintain a safety
factor of at least eight (8) times the safe workload throughout the
entire length of hoist rope.
    (c) Size. The applicant must/would use a hoist rope that is at
least one-half (\1/2\) inch (1.3 cm) in diameter.
    (d) Inspection, removal, and replacement. The applicant must/would:
    (i) Thoroughly inspect the hoist rope before the start of each job
and on completing a new setup;
    (ii) Maintain the proper diameter-to-diameter ratios between the
hoist rope and the footblock and the sheave by inspecting the wire rope
regularly (see Conditions 7(c) and 8(d), below); and
    (iii) Remove and replace the wire rope with new wire rope when any
condition specified by 29 CFR 1926.552(a)(3) occurs.
    (e) Attachments. The applicant must/would attach the rope to a
personnel cage, personnel platform, or boatswain's chair with a keyed-
screwpin shackle or positive-locking link.
    (f) Wire-rope fastenings. When the applicant uses clip fastenings
(e.g., U-bolt wire-rope clips) with wire ropes, it must/would:
    (i) Use Table H-20 of 29 CFR 1926.251 to determine the number and
spacing of clips;
    (ii) Use at least three (3) drop-forged clips at each fastening;
    (iii) Install the clips with the ``U'' of the clips on the dead end
of the rope; and
    (iv) Space the clips so that the distance between them is six (6)
times the diameter of the rope.

7. Footblock

    (a) Type of block. The applicant must/would use a footblock:
    (i) Consisting of construction-type blocks of solid single-piece
bail with a safety factor that is at least four (4) times the safe
workload, or an equivalent block with roller bearings;
    (ii) Designed for the applied loading, size, and type of wire rope
used for hoisting;
    (iii) Designed with a guard that contains the wire rope within the
sheave groove;
    (iv) Bolted rigidly to the base; and
    (v) Designed and installed so that it turns the moving wire rope to
and from the horizontal or vertical direction as required by the
direction of rope travel.
    (b) Directional change. The applicant must/would ensure that the
angle of change in the hoist rope from the horizontal to the vertical
direction at the footblock is approximately 90[deg].
    (c) Diameter. The applicant must/would ensure that the line
diameter of the footblock is at least 24 times the diameter of the
hoist rope.

8. Cathead and Sheave

    (a) Support. The applicant must/would use a cathead (i.e.,
``overhead support'') that consists of a wide-flange beam, or two (2)
steel-channel sections securely bolted back-to-back to prevent
spreading.
    (b) Installation. The applicant must/would ensure that:
    (i) All sheaves revolve on shafts that rotate on bearings; and
    (ii) The bearings are mounted securely to maintain the proper
bearing position at all times.
    (c) Rope guides. The applicant must/would provide each sheave with
appropriate rope guides to prevent the hoist rope from leaving the
sheave grooves when the rope vibrates or swings abnormally.
    (d) Diameter. The applicant must/would use a sheave with a diameter
that is at least 24 times the diameter of the hoist rope.

9. Guide Ropes

    (a) Number and construction. The applicant must/would affix two (2)
guide ropes by swivels to the cathead. The applicant must/would ensure
that the guide ropes:
    (i) Consist of steel safety cables not less than one-half (\1/2\)
inch (1.3 cm) in diameter; and
    (ii) Be free of damage or defect at all times.
    (b) Guide rope fastening and alignment tension. The applicant must/
would fasten one end of each guide rope securely to the overhead
support, with appropriate tension applied at the foundation.
    (c) Height. The applicant must/would rig the guide ropes along the
entire height of the hoist-machine structure.

10. Personnel Cage

    (a) Construction. The applicant must/would ensure that the
personnel cage is of steel-frame construction and capable of supporting
a load that is four (4) times its maximum rated load capacity. The
applicant also must/would ensure that the personnel cage has:
    (i) A top and sides that are permanently enclosed (except for the
entrance and exit);
    (ii) A floor securely fastened in place;
    (iii) Walls that consist of 14-gauge, one-half (\1/2\) inch (1.3
cm) expanded metal mesh, or an equivalent material;
    (iv) Walls that cover the full height of the personnel cage between
the floor and the overhead covering;
    (v) A sloped roof constructed of one-eighth (\1/8\) inch (0.3 cm)
aluminum, or an equivalent material;
    (vi) Safe handholds (e.g., rope grips--but not rails or hard
protrusions \6\) that accommodate each occupant; and
---------------------------------------------------------------------------

    \6\ To reduce impact hazards should workers lose their balance
because of cage movement.
---------------------------------------------------------------------------

    (v) Attachment points to which workers must/would secure their
personal fall protection systems.
    (b) Overhead weight. The applicant must/would ensure that the
personnel cage has an overhead weight (e.g., a headache ball of
appropriate weight) to compensate for the weight of the hoist rope
between the cathead and footblock. In addition, the applicant must/
would:
    (i) Ensure that the overhead weight is capable of preventing line
run; and
    (ii) Use a means to restrain the movement of the overhead weight so
that the weight does not interfere with safe personnel hoisting.
    (c) Gate. The applicant must/would ensure that the personnel cage
has a gate that:
    (i) Guards the full height of the entrance opening; and
    (ii) Has a functioning mechanical lock that prevents accidental
opening.
    (d) Operating procedures. The applicant must/would post the

procedures for operating the personnel cage conspicuously at the hoist
operator's station.
    (e) Capacity. The applicant must/would:
    (i) Hoist no more than four (4) occupants in the cage at any one
time; and
    (ii) Ensure that the rated load capacity of the cage is at least
250 pounds (113.4 kg) for each occupant so hoisted.
    (f) Worker notification. The applicant must/would post a sign in
each personnel cage notifying workers of the following conditions:
    (i) The standard rated load, as determined by the initial static
drop test specified by Condition 10(g) (``Static drop tests''), below;
and
    (ii) The reduced rated load for the specific job.
    (g) Static drop tests. The applicant must/would:
    (i) Conduct static drop tests of each personnel cage that comply
with the definition of ``static drop test'' specified by section 3
(``Definitions'') and the static drop test procedures provided in
Section 13 (``Inspections and Tests'') of American National Standards
Institute (ANSI) standard A10.22-1990 (R1998) (``American National
Standard for Rope-Guided and Non-Guided Worker's Hoists--Safety
Requirements'');
    (ii) Perform the initial static drop test at 125 percent of the
maximum rated load of the personnel cage, and subsequent drop tests at
no less than 100 percent of its maximum rated load; and
    (iii) Use a personnel cage for raising or lowering workers only
when no damage occurred to the components of the cage as a result of
the static drop tests.

11. Safety Clamps

    (a) Fit to the guide ropes. The applicant must/would:
    (i) Fit appropriately designed and constructed safety clamps to the
guide ropes; and
    (ii) Ensure that the safety clamps do not damage the guide ropes
when in use.
    (b) Attach to the personnel cage. The applicant must/would attach
safety clamps to each personnel cage for gripping the guide ropes.
    (c) Operation. The applicant must/would ensure that the safety
clamps attached to the personnel cage:
    (i) Operate on the ``broken rope principle'' defined in section 3
(``Definitions'') of ANSI standard A10.22-1990 (R1998);
    (ii) Be capable of stopping and holding a personnel cage that is
carrying 100 percent of its maximum rated load and traveling at its
maximum allowable speed if the hoist rope breaks at the footblock; and
    (iii) Use a pre-determined and pre-set clamping force (i.e., the
``spring compression force'') for each hoist system.
    (d) Maintenance. The applicant must/would keep the safety clamp
assemblies clean and functional at all times.

12. Overhead Protection

    (a) The applicant must/would install a canopy or shield over the
top of the personnel cage that is made of steel plate at least three-
sixteenth (\3/16\) of an inch (4.763 mm) thick, or material of
equivalent strength and impact resistance, to protect workers (i.e.,
both inside and outside the chimney) from material and debris that may
fall from above.
    (b) The applicant must/would ensure that the canopy or shield
slopes to the outside of the personnel cage.

13. Emergency-Escape Device

    (a) Location. For workers using a personnel cage, the applicant
must/would provide an emergency-escape device in at least one of the
following locations:
    (i) In the personnel cage, provided that the device is long enough
to reach the bottom landing from the highest possible escape point; or
    (ii) At the bottom landing, provided that a means is available in
the personnel cage for the occupants to raise the device to the highest
possible escape point.
    (b) Operating instructions. The applicant must/would ensure that
written instructions for operating the emergency-escape device are
attached to the device.
    (c) Training. The applicant must/would instruct each worker who
uses a personnel cage for transportation on how to operate the
emergency-escape device:
    (i) Before the worker uses a personnel cage for transportation; and
    (ii) Periodically, and as necessary, thereafter.

14. Personnel Platforms

    When the applicant elects to replace the personnel cage with a
personnel platform in accordance with Condition 2(a), above, they must/
would:
    (a) Ensure that an enclosure surrounds the platform, and that this
enclosure is at least 42 inches (106.7 cm) above the floor of the
platform;
    (b) Provide overhead protection when an overhead hazard is, or
could be, present; and
    (c) Comply with the applicable scaffolding strength requirements
specified by 29 CFR 1926.451(a)(1).

15. Protecting Workers From Fall and Shearing Hazards

    (a) Fall hazards. The applicant must/would:
    (i) Before workers use personnel cages, personnel platforms, or
boatswain's chairs, equip the workers with, and ensure that they use,
personal fall arrest systems that meet the requirements of 29 CFR
1926.502(d);
    (ii) Ensure that workers using personnel cages secure their
personal fall arrest systems to attachment points located inside the
cage;
    (iii) Ensure that workers using personnel platforms and boatswain's
chairs secure their personal fall arrest systems to a vertical
lifeline; and
    (iv) When using vertical lifelines:
    (A) Secure the lifelines to the top of the chimney;
    (B) Weight the lifelines properly or suitably affix the lifelines
to the bottom of the chimney; and
    (C) Ensure that workers remain attached to their lifeline during
the entire period of vertical transit.
    (b) Shearing hazards. The applicant must/would:
    (i) Provide workers who use personnel platforms or boatswain's
chairs with instruction on the shearing hazards posed by the hoist
system (e.g., work platforms, scaffolds), and the need to keep their
limbs or other body parts clear of these hazards during hoisting
operations;
    (ii) Provide the instruction on shearing hazards:
    (A) Before a worker uses a personnel platform or boatswain's chair
at the worksite; and
    (B) Periodically, and as necessary, thereafter, including whenever
a worker demonstrates a lack of knowledge about the hazard or how to
avoid it, a modification occurs to an existing shearing hazard, or a
new shearing hazard develops at the worksite; and
    (iii) Attach a readily visible warning to each personnel platform
and boatswain's chair notifying workers in a language they understand
of potential shearing hazards they may encounter during hoisting
operations, and that uses the following (or equivalent) wording:
    (A) For personnel platforms: ``Warning--To avoid serious injury,
keep your hands, arms, feet, legs, and other parts of your body inside
this platform while it is in motion''; and
    (B) For boatswain's chairs: ``Warning--To avoid serious injury, do
not extend your hands, arms, feet, legs,

or other parts your body from the side or to the front of this chair
while it is in motion.''

16. Exclusion Zone

    The applicant must/would:
    (a) Establish a clearly designated exclusion zone around the bottom
landing of the hoist system; and
    (b) Prohibit any worker from entering the exclusion zone except to
access a personnel- or material-transport device, and then only when
the device is at the bottom landing and not in operation (i.e., when
the drive components of the hoist machine are disengaged and the
braking mechanism is properly applied).

17. Inspections, Tests, and Accident Prevention

    (a) The applicant must/would:
    (i) Conduct inspections of the hoist system as required by 29 CFR
1926.20(b)(2);
    (ii) Ensure that a competent person conducts daily visual
inspections of the hoist system; and
    (iii) Inspect and test the hoist system as specified by 29 CFR
1926.552(c)(15).
    (b) The applicant must/would comply with the accident prevention
requirements of 29 CFR 1926.20(b)(3).

18. Welding

    (a) The applicant must/would ensure that only qualified welders
weld components of the hoisting system.
    (b) The applicant must/would ensure that the qualified welders:
    (i) Are familiar with the weld grades, types, and materials
specified in the design of the system; and
    (ii) Perform the welding tasks in accordance with 29 CFR part 1926,
subpart J (``Welding and Cutting'').

19. OSHA Notification

    (a) At least 15 calendar days prior to commencing any chimney
construction operation using the conditions specified herein, the
applicant must/would notify the OSHA Area Office nearest to the
worksite, or the appropriate State Plan Office, of the operation,
including the location of the operation and the date the operation will
commence;
    (b) The applicant must/would inform OSHA national headquarters as
soon as it has knowledge that it will:
    (i) Cease to do business; or
    (ii) Transfer the activities covered by this permanent variance to
a successor company.

V. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Ave.,
NW., Washington, DC directed the preparation of this notice. This
notice is issued under the authority specified by Section 6(d) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), Secretary
of Labor's Order No. 5-2007 (72 FR 31160), and 29 CFR part 1905.

    Signed at Washington, DC, on November 2, 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-26930 Filed 11-6-09; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51579]
[DOCID:fr07oc09-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1739-000]

ResCom Energy, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

September 29, 2009.

    This is a supplemental notice in the above-referenced proceeding of
ResCom Energy, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 19, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-24116 Filed 10-6-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10617-10619]
[FR Doc No: 2023-03518]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Approval of Newark Liberty International Airport (EWR) Noise
Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of approval of the Newark Liberty International Airport
(EWR) Noise Compatibility Program.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its
findings for the noise compatibility program submitted by EWR, see
supplementary information for details. On January 15, 2019, the FAA
determined that the noise exposure maps submitted by EWR were in
compliance with applicable requirements. On August 19, 2022, the FAA
determined that the noise compatibility program submitted by EWR would
be initiating final review for approval or disapproval. On February 15,
2023, the FAA approved the EWR noise compatibility program. The noise
compatibility program contained 28 recommended measures, including 13
noise abatement measures, three land use measures, and 12 program
management measures. Of the measures proposed, 15 were approved, two
were approved as voluntary, two were partially approved as voluntary
and partially disapproved, five were disapproved, and one was
determined to have no FAA action as continuations of existing mandatory
practices at EWR. The remaining three measures are noise abatement
procedures that require additional consultation with the Air Traffic
Organization. The FAA will be issuing a supplemental ROA on or before
August 14, 2023 to render determinations on these measures. Seven of
the 13 noise abatement measures proposed at EWR are related to new or
revised flight procedures.

DATES: The effective date of the FAA's approval of the EWR noise
compatibility program is February 15, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew Brooks, Regional Environmental
Program Manager, Airports Division, Federal Aviation Administration, 1
Aviation Plaza, Room

516, Jamaica, NY 11434. Phone Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the
noise compatibility program (NCP) for EWR, effective on February 15,
2023. Per United States Code section 47504 (49 U.S.C. 47504) and Title
14, Code of Federal Regulations (CFR) part 150, an airport sponsor who
previously submitted a noise exposure map (NEM) may submit to the FAA a
noise compatibility program which sets forth the measures taken or
proposed by the airport sponsor for the reduction of existing non-
compatible land uses and prevention of additional non-compatible land
uses within the area covered by the NEMs. As required by 49 U.S.C.
47504, such programs must be developed in consultation with interested
and affected parties including local communities, government agencies,
airport users, and the FAA. The FAA does not substitute its judgment
for that of the airport sponsor with respect to which measures should
be recommended for action. The FAA approval or disapproval of an
airports recommendations in their noise compatibility program are made
in accordance with the requirements and standards pursuant to 49 U.S.C.
47504 and 14 CFR part 150, which is limited to the following
determinations:
    a. The noise compatibility program was developed in accordance with
the provisions and procedures of 14 CFR 150.23;
    b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
    d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
    Specific limitations of FAA's approval of NCPs are delineated in 14
CFR 150.5. Approval is not a determination concerning the acceptability
of land uses under Federal, state, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the noise compatibility program nor a determination
that all measures covered by the NCP are eligible for grant-in-aid
funding from the FAA. Where federal funding is sought, requests must be
submitted to the FAA New York Airports District Office at 1 Aviation
Plaza, Room 111, Jamaica, New York 11434.
    EWR submitted the noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study to
the FAA and the FAA determined that the NEMs for EWR were in compliance
with applicable requirements under 14 CFR 150, effective January 15,
2019 (Noise Exposure Map Notice for Newark Liberty International
Airport, Newark, New Jersey, volume 84, Federal Register, pages 27183-
4, June 11, 2019). The FAA formally received the NCP based on the
accepted NEMs for EWR on August 8, 2022. The airport operator requested
that the FAA review the submitted material and that the noise
mitigation measures, to be implemented jointly by the airport and
surrounding communities, be approved as a NCP. The formal review
period, limited by law to a maximum of 180 days with the exception of
noise abatement procedures, was initiated on August 19, 2022. Notice of
the intent to review the NCP was published in the Federal Register on
August 24, 2022 (Notice of Receipt and Request for Review of Noise
Compatibility Program, volume 87, Federal Register, page 52105, August
24, 2022). That Federal Register Notice also announced the start of a
60-day period of public review for the NCP documentation. The FAA
received no comments from interested parties during the public review
period.
    The EWR proposed NCP is comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions within
the next one to five years. It was requested that the FAA evaluate and
approve this material as a noise compatibility program as described in
49 U.S.C. 47504. The FAA began its review of the program on August 19,
2022 and was required by a provision of 49 U.S.C. 47504 to approve or
disapprove the program within 180 days, other than the use of new or
modified flight procedures for noise control in accordance with 14 CFR
part 150.35(a). Failure to approve or disapprove such program within
the 180-day period shall be deemed an approval of such program.
    The submitted program contained 28 proposed measures to minimize
impacts of aviation noise on and off the airport. The FAA completed its
review and determined that the procedural and substantive requirements
of the 49 U.S.C. 47504 and 14 CFR part 150 were satisfied. A Record of
Approval for the overall program was issued by the FAA effective
February 15, 2023.
    The specific program elements and their individual determinations
are as follows:
    Noise Abatement (NA) Measure 1: Design and Implement an Offset
Approach Procedure to Runway 22L--Partially Approved as Voluntary and
Partially Disapproved.
    NA Measure 2: Continue Use of Easterly Departure Headings on
Runways 4L and 4R--No Action Required at This Time. This measure
relates to flight procedures under Title 49 U.S.C. 47504(b). In
accordance with 14 CFR part 150.35(a), additional coordination will be
occurring with the Air Traffic Organization and a Supplemental Record
of Approval with FAA's final decision on this proposed measure will be
issued on or before August 14, 2023.
    NA Measure 3: Continue Use of Easterly Departure Headings on
Runways 22L and 22R--Approved as Voluntary.
    NA Measure 4: Determine and Implement Optimal Easterly Departure
Headings on Runways 4L and 4R--No Action Required at This Time. This
measure relates to flight procedures under Title 49 U.S.C. 47504(b). In
accordance with 14 CFR part 150.35(a), additional coordination will be
occurring with the Air Traffic Organization and a Supplemental Record
of Approval with FAA's final decision on this proposed measure will be
issued on or before August 14, 2023.
    NA Measure 5: Determine and Implement Optimal Easterly Departure
Headings on Runways 22L and 22R--Disapproved.
    NA Measure 6: Encourage Use of FAA-prescribed Distant Noise
Abatement Departure Profile Procedures on a Voluntary Basis--
Disapproved for Purposes of part 150.
    NA Measure 7: Minimize Nighttime Intersection Departures--Partially
Approved as Voluntary and Partially Disapproved.
    NA Measure 8: Implement a Nighttime Preferential Runway Use
Program--Approved as Voluntary.

    NA Measure 9: Implement Nighttime Optimized Profile Descent
Procedures--Disapproved for Purposes of Part 150.
    NA Measure 10: Implement Nighttime Unlimited Climb Procedures--
Disapproved for Purposes of Part 150.
    NA Measure 11: Implement Nighttime ``New Jersey Turnpike''
Departure Procedures for Runways 4L and 4R--Disapproved for Purposes of
part 150.
    NA Measure 12: Implement Nighttime ``New Jersey Turnpike''
Departure Procedures for Runways 22L and 22R--No Action Required at
This Time. This measure relates to flight procedures under Title 49
U.S.C. 47504(b). In accordance with 14 CFR part 150.35(a), additional
coordination will be occurring with the Air Traffic Organization and a
Supplemental Record of Approval with FAA's final decision on this
proposed measure will be issued on or before August 14, 2023.
    NA Measure 13: Continue Existing Mandatory Departure Noise Limit--
No Action.
    Land Use (LU) Measure 1: Sound-Insulate Eligible Dwelling Units--
Approved.
    LU Measure 2: Sound-Insulate Eligible Non-Residential Noise-
Sensitive Structures--Approved.
    LU Measure 3: Port Authority Assistance with Establishing an
Airport Noise Overlay Zone--Approved.
    Program Management (PM) Measure 1: Maintain Noise Office--Approved.
    PM Measure 2: Maintain Noise and Operations Management System--
Approved.
    PM Measure 3: Maintain Public Flight Tracking Portal--Approved.
    PM Measure 4: Maintain Noise Complaint Management System--Approved.
    PM Measure 5: Maintain Noise Office website--Approved.
    PM Measure 6: Continue Community Outreach Activities--Approved.
    PM Measure 7: Establish a Community Planners Forum--Approved.
    PM Measure 8: Establish and Manage a Fly Quiet Program--Approved as
Voluntary.
    PM Measure 9: Make Aircraft Noise Contours Available in a
Geographic Information System (GIS)--Approved.
    PM Measure 10: Update the Noise Exposure Map--Approved.
    PM Measure 11: Update the Noise Compatibility Program--Approved.
    PM Measure 12: The Port Authority to Coordinate with the FAA on
Development and Implementation of NextGen Procedures--Approved.
    These determinations are set forth in detail in the Record of
Approval signed by the FAA Airports Eastern Division Director on
February 15, 2023. The Record of Approval, as well as other evaluation
materials and the documents comprising the submittal, are available for
review at the FAA office listed above. The Record of Approval also will
be available on the internet on the FAA's website at http://www.faa.gov/airports/environmental/airport_noise/part_150/states/ and
the Port Authority of New York and New Jersey's website at http://panynjpart150.com/EWR_documents.asp.

    Issued in Jamaica, NY on February 15, 2023.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2023-03518 Filed 2-17-23; 8:45 am]
BILLING CODE 4910-13-P