[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57205-57206]
[FR Doc No: 2022-20198]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-2109]

Cardiovascular and Renal Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Cardiovascular and Renal Drugs
Advisory Committee. The general function of the committee is to provide
advice and recommendations to FDA on regulatory issues. The meeting
will be open to the public. FDA is establishing a docket for public
comment on this document.

DATES: The meeting will be held virtually on November 16, 2022, from
9:30 a.m. to 5 p.m. eastern time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions about FDA advisory committee meetings may be
accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-2109. The docket will close on November
15, 2022. Either electronic or written comments on this public meeting
must be submitted by November 15, 2022. Please note that late, untimely
filed comments will not be considered. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. eastern
time at the end of November 15, 2022. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are received on or before that date.
    Comments received on or before November 1, 2022, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is canceled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-2109 for ``Cardiovascular and Renal Drugs Advisory
Committee;

Notice of Meeting; Establishment of a Public Docket; Request for
Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: LaToya Bonner, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-2855, Fax:<PHONE_NUMBER>, email: [email protected], or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the FDA's website at
https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The committee
will discuss new drug application 213931, for tenapanor hydrochloride
tablets, submitted by Ardelyx, Inc., for the control of serum
phosphorus levels in adults with chronic kidney disease on dialysis.
The committee will be asked to comment on whether the size of the
treatment effect on serum phosphorus is clinically meaningful and
whether tenapanor's benefits outweigh its risks.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before November 1, 2022, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 2:30 p.m. and 3:30 p.m. eastern time. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before October 24, 2022.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by October 25, 2022.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact LaToya Bonner (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 12, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-20198 Filed 9-16-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22473-22474]
[FR Doc No: 2023-07788]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4692-DR; Docket ID FEMA-2023-0001]

Bear River Band of the Rohnerville Rancheria; Major Disaster and
Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Bear River Band of the Rohnerville Rancheria (FEMA-
4692-DR), dated March 8, 2023, and related determinations.

DATES: The declaration was issued March 8, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 8, 2023, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage to the lands associated with
the Bear River Band of the Rohnerville Rancheria resulting from an
earthquake during the period of December 20, 2022 to January 1,
2023, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists for
the Bear River Band of the Rohnerville Rancheria.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance and Hazard
Mitigation for the Bear River Band of the Rohnerville Rancheria.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Benigno Bern Ruiz, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas have been designated as adversely affected by
this major disaster:

    Bear River Band of the Rohnerville Rancheria for Public
Assistance.
    The Bear River Band of the Rohnerville Rancheria is eligible to
apply for assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-07788 Filed 4-12-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Proposed Rules]
[Pages 1212-1215]
[FR Doc No: 2018-00036]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0255; FRL-9972-79-Region 9]

Air Plan Approval; Arizona; Stationary Sources; New Source
Review; Ammonia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is supplementing its
prior proposed approval of regulatory revisions to the Arizona
Department of Environmental Quality (ADEQ) portion of the applicable
Clean Air Act (CAA or Act) state implementation plan (SIP) for the
State of Arizona. This supplemental proposal is primarily intended to
make corrections to ADEQ's SIP-approved rules for the issuance of CAA
New Source Review (NSR) permits for stationary sources, with a focus on
preconstruction permit requirements under the Act for major stationary
sources and major modifications of such sources. It proposes
conditional approval of ADEQ's NSR submittal specifically with respect
to the CAA requirements related to ammonia as a precursor to
PM2.5 under the NA-NSR program requirements in CAA section
189(e). We are seeking comment on our proposed action and plan to
follow with a final action.

DATES: Any comments must arrive by February 9, 2018.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. Which rules did the State submit?
    B. Are there previous versions of the rules in the Arizona SIP?
    C. What is the purpose of the EPA's supplemental proposal?
II. The EPA's Evaluation
    A. How is the EPA evaluating the State's rules?
    B. Do the rules meet the evaluation criteria?
    C. Do the rules meet the evaluation criteria under Sections
110(l) and 193 of the Clean Air Act?
III. Public Comment and Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

Definitions

    For this notice, we are giving meaning to certain words or initials
as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The initials ADEQ mean or refer to the Arizona Department of
Environmental Quality.
    (iii) The initials CFR mean or refer to Code of Federal
Regulations.
    (iv) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (v) The initials FIP mean or refer to Federal Implementation Plan.
    (vi) The initials NAAQS mean or refer to National Ambient Air
Quality Standards.
    (vii) The initials NA-NSR mean or refer to Nonattainment New Source
Review.
    (viii) The initials NOX mean nitrogen oxides.
    (ix) The initials NSR mean or refer to New Source Review.
    (x) The initials PM2.5 mean or refer to particulate matter with an
aerodynamic diameter of less than or equal to 2.5 micrometers (fine
particulate matter).
    (xi) The initials PSD mean or refer to Prevention of Significant
Deterioration.
    (xii) The initials SIP mean or refer to State Implementation Plan.
    (xiii) The words State or Arizona mean the State of Arizona, unless
the context indicates otherwise.
    (xiv) The initials SO2 mean sulfur dioxide.
    (xv) The initials TSD mean or refer to a technical support
document.
    (xvi) The initials VOC means volatile organic compounds.

I. The State's Submittals

A. Which rules did the State submit?

    On April 28, 2017, ADEQ submitted regulatory revisions for the ADEQ
portion of the Arizona SIP to the EPA. This SIP revision submittal,
which is the subject of this supplemental proposal and is referred to
herein as the ``April 2017 NSR submittal,'' contains revisions to
ADEQ's rules governing preconstruction review and related permitting
program requirements. These rule revisions are intended to correct
deficiencies in ADEQ's SIP-approved NSR program related to the
requirements under both part C (prevention of significant deterioration
or PSD) and part D (nonattainment new source review or NA-NSR) of title
I of the Act, which apply to major stationary sources and major
modifications of such sources. The preconstruction review and
permitting programs are often collectively referred to as New Source
Review or NSR. On June 1, 2017, we proposed approval of these revisions
into the Arizona SIP. These revisions are necessary to correct several
deficiencies we identified in a 2015 rule action to update ADEQ's SIP-
approved NSR program as well as certain deficiencies with ADEQ's NSR
program that were the focus of a 2016 EPA rule action related to
PM2.5 precursors under the NA-NSR program requirements in
CAA section 189(e) (referred to hereinafter as our ``2016
PM2.5 precursor action''). See 82 FR 25213 (June 1, 2017);
see also 80 FR 67319 (Nov. 2, 2015) and 81 FR 40525 (June 22, 2016).
For a detailed description of the rules in the April 2017 NSR
submittal, please refer to Section I.A of our June 1, 2017 proposed
rule (82 FR 25214).

B. Are there previous versions of the rules in the Arizona SIP?

    As part of our June 1, 2017 proposed action on the April 2017 NSR
submittal, we identified a number of rules in the Arizona SIP that
would be superseded or removed from the Arizona SIP if the action were
finalized as proposed; these rules would generally be replaced by the
ADEQ rules proposed for approval. Please refer to Section I.B of our
June 1, 2017 proposed rule for a detailed list of these rules (82 FR
25215). This supplemental proposal action does not modify the
particular ADEQ rules that we are proposing to approve into, or remove
from, the Arizona SIP in our action on the April 2017 NSR submittal.

C. What is the purpose of the EPA's supplemental proposal?

    The purpose of this supplemental proposal is to (1) present our
evaluation of ADEQ's April 2017 NSR submittal as it relates to ammonia
as a precursor to PM2.5 under the nonattainment NSR (NA-NSR)
program requirements at CAA section 189(e) and EPA's implementing
regulations; (2) discuss our proposed conditional approval action
related to this issue, including the basis for this action; and (3)
provide notice of and seek public comment on our proposed action.

II. The EPA's Evaluation

A. How is the EPA evaluating the State's rules?

    Section II.A of our June 1, 2017 proposed rule discusses our
evaluation criteria for the April 2017 NSR submittal in detail. See 82
FR 25215. Generally, the EPA has reviewed the provisions in the April
2017 NSR submittal for compliance with the CAA's general requirements
for SIPs in CAA section 110(a)(2), the EPA's regulations for stationary
source permitting programs in 40 CFR part 51, subpart I, and the CAA
requirements for SIP revisions in CAA section 110(l) and 193.
    For this supplemental proposal, our review focuses on one issue
addressed in our 2016 PM2.5 precursor action (81 FR 40525),
which finalized a limited disapproval action for ADEQ's NA-NSR program
specifically based on our finding that ADEQ's program did not fully
address fine particulate matter (PM2.5) precursors as
required by section 189(e) of the Act for the Nogales and West Central
Pinal PM2.5 nonattainment areas. This action triggered an
obligation on the EPA to promulgate a Federal Implementation Plan (FIP)
to address this deficiency unless the State of Arizona corrects the
deficiency, and the EPA approves the related plan revisions, within two
years of the final action. In addition, to avoid sanctions under
section 179 of the Act, ADEQ has 18 months from the July 22, 2016
effective date of our 2016 PM2.5 precursor action to correct
the deficiency as it relates to part D of title I of the Act.

B. Do the rules meet the evaluation criteria?

    In this action, we are supplementing our prior proposal only as it
relates to specific deficiencies with ADEQ's NA-NSR rules identified in
our 2016 PM2.5 precursor action concerning ammonia as a
precursor to PM2.5. As part of our review of the April 2017
NSR submittal culminating in our June 1, 2017 proposed rule, we
considered whether the ADEQ rule revisions in the April 2017 NSR
submittal met the applicable requirements under section 189(e) of the
Act and the associated regulatory provisions for PM2.5 for
the Nogales and West Central Pinal PM2.5 nonattainment areas
that were identified as deficiencies in our 2016 PM2.5
precursor action.

These deficiencies were related to our finding that ADEQ's NSR program
did not contain rules regulating volatile organic compounds (VOCs) or
ammonia as PM2.5 precursors under the NA-NSR program as
required by CAA section 189(e), nor did the ADEQ NSR SIP submittal
under consideration at that time include a showing that the regulation
of VOCs and ammonia was not necessary under section 189(e) of the Act.
See 81 FR 40526.
    As discussed in the May 2017 Technical Support Document (TSD)
supporting our June 1, 2017 proposed rule action on the April 2017 NSR
submittal, on August 24, 2016, the EPA finalized regulatory
requirements for SIPs related to the 2012 PM2.5 National
Ambient Air Quality Standards (NAAQS), which became effective on
October 24, 2016 (PM2.5 Implementation Rule). 81 FR 58010.
The PM2.5 Implementation Rule includes provisions that
address the permitting requirements for PM2.5 precursors for
major stationary sources in PM2.5 nonattainment areas under
section 189(e) of the Act. The EPA's NA-NSR regulations as amended by
the PM2.5 Implementation Rule provide that PM2.5
precursors in PM2.5 nonattainment areas include nitrogen
oxides (NOX), VOCs, sulfur dioxide (SO2) and
ammonia. See 40 CFR 51.165(a)(1)(xxxvii)(C)(2). Our NA-NSR regulations
further provide that SIPs must require that the control requirements of
40 CFR 51.165 applicable to major stationary sources and major
modifications of PM2.5 also apply to major stationary
sources and major modifications of PM2.5 precursors in a
PM2.5 nonattainment area, except that a reviewing authority
may exempt new major stationary sources and major modifications of a
particular precursor from the requirements of 40 CFR 51.165 for
PM2.5 if the NA-NSR precursor demonstration submitted to and
approved by the EPA Administrator shows that such sources do not
contribute significantly to PM2.5 levels that exceed the
standard in the area. See 40 CFR 51.165(a)(13).
    With respect to the April 2017 NSR submittal, in our evaluation
that culminated in our June 1, 2017 proposed approval action, we found
that ADEQ had submitted an updated NA-NSR program that included the
permitting requirements for PM2.5 precursors necessary to
satisfy the requirements of CAA section 189(e) and the PM2.5
Implementation Rule, except for a particular requirement pertaining to
ammonia as a precursor to PM2.5. See 80 FR at 25219; May
2017 TSD at 21-22. Specifically, the NA-NSR regulations relating to
PM2.5 precursors require that, for the purposes of applying
the requirements of 40 CFR 51.165(a)(13) to modifications at existing
major stationary sources of ammonia located in a PM2.5
nonattainment area, if the SIP requires that the control requirements
of 40 CFR 51.165 apply to major stationary sources and major
modifications of ammonia as a regulated NSR pollutant (as a
PM2.5 precursor), the plan shall also define ``significant''
for ammonia for that area, subject to the approval of the EPA
Administrator. See 40 CFR 51.165(a)(1)(x)(F). We found that while
ADEQ's updated NA-NSR program, as reflected in the April 2017 NSR
submittal, includes ammonia as a precursor to PM2.5 in
PM2.5 nonattainment areas (at R18-2-101(124)(a)(iv) in the
definition of the term ``regulated NSR pollutant''), the rules in the
April 2017 NSR submittal do not define the term ``significant'' for
purposes of applying the requirements of 40 CFR 51.165(a)(13) to
modifications at existing major stationary sources of ammonia located
in a PM2.5 nonattainment area, as required by 40 CFR
51.165(a)(1)(x)(F). See May 2017 TSD at 21-22. We noted in our June 1,
2017 proposal that ADEQ intended to address this deficiency in a
separate SIP submittal. See 82 FR 25219.
    To address this remaining deficiency, in a letter dated December 6,
2017, ADEQ committed to adopt revisions to provisions in R18-2-101 and/
or make other specific demonstrations consistent with 40 CFR
51.165(a)(1)(x)(F) and/or 40 CFR 51.165(a)(13) to satisfy the
requirements of section 189(e) and the PM2.5 Implementation
Rule governing ammonia as a precursor to PM2.5 under the NA-
NSR program. See Letter from Timothy S. Franquist, Director, Air
Quality Division, ADEQ to Alexis Strauss, Acting Regional
Administrator, EPA Region 9, dated Dec. 6, 2017. ADEQ committed in this
letter to take certain specific actions, including the submittal of the
required rule and/or demonstration to the EPA by March 31, 2019, or
within one year from the date on which the EPA takes final action on
the April 2017 NSR submittal, whichever is earlier. Accordingly,
pursuant to section 110(k)(4) of the Act, the EPA is proposing a
conditional approval of ADEQ's NA-NSR program solely as it pertains to
section 189(e) of the Act and the associated regulatory requirements
for ammonia as a PM2.5 precursor. We are proposing to
conditionally approve the April 2017 NSR submittal with respect to this
issue because ADEQ's 2017 NSR submittal largely includes the
requirements for ammonia as a PM2.5 precursor required under
section 189(e) of the Act and the associated regulatory requirements,
and ADEQ's December 6, 2017 commitment letter provides adequate
assurance that the one deficiency concerning ammonia as a
PM2.5 precursor will be addressed in a timely manner,
consistent with CAA section 110(k)(4).\1\ We conclude that if ADEQ
submits the rule revisions and/or demonstrations that it has committed
to submit by the deadline that it has committed to meet, then this
deficiency will be cured. However, if ADEQ fails to submit these
revisions and/or demonstrations within the required timeframe, the
conditional approval will automatically become a disapproval for the
specific issue of whether ADEQ's NA-NSR program meets the requirements
of section 189(e) of the Act with respect to ammonia as a
PM2.5 precursor, and the EPA will issue a finding of
disapproval. The EPA is not required to propose the finding of
disapproval.
---------------------------------------------------------------------------

    \1\ We also note that it is our understanding that there are
currently no major stationary sources of ammonia under ADEQ's
jurisdiction, nor are there any NSR permit applications currently
under review by ADEQ for a proposed major stationary source of
ammonia. While ADEQ's NA-NSR program currently does not define the
level that is considered ``significant'' for ammonia as a precursor
to PM2.5, the federal NA-NSR regulations at 40 CFR
51.165(a)(1)(x)(F) require this definition to potentially apply only
to major sources of ammonia that may undertake modifications.
Because there are no existing or currently proposed major sources of
ammonia under ADEQ's jurisdiction, there are no sources that could
potentially trigger the application of any such ``significant''
threshold for ammonia in the near future in the PM2.5
nonattainment areas under ADEQ's jurisdiction.
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C. Do the rules meet the evaluation criteria under Sections 110(l) and
193 of the Clean Air Act?

    Please see Section II.G of our June 1, 2017 proposed rule that
discusses our determination that the April 2017 NSR submittal meets the
evaluation criteria under Sections 110(l) and 193 of the Act and that
we can approve the April 2017 NSR submittal under Sections 110(l) and
193 of the Act. See 82 FR 25220. This supplemental proposal does not
change our prior determinations in this regard with respect to the
April 2017 NSR submittal.

III. Public Comment and Proposed Action

    In conclusion, we have determined that the April 2017 NSR
submittal, in conjunction with the commitment made by ADEQ in its
December 6, 2017 commitment letter, adequately addresses the remaining
deficiency related to section 189(e) of the Act and the associated
regulatory requirements

for ammonia as a precursor to PM2.5 in PM2.5
nonattainment areas. Accordingly, as authorized by section 110(k)(4) of
the Act, the EPA proposes to conditionally approve the NA-NSR component
of ADEQ's April 2017 NSR submittal solely with respect to ammonia as a
PM2.5 precursor. While we cannot grant full approval of the
submittal at this time with respect to this issue, ADEQ has
satisfactorily committed to address this deficiency by providing the
EPA with a SIP submittal by March 31, 2019, or within one year from the
date on which the EPA takes final action on the April 2017 NSR
submittal, whichever is earlier.
    As noted previously, on June 1, 2017, we proposed full approval of
all other aspects of ADEQ's April 2017 NSR submittal, including but not
limited to revisions to ADEQ's NA-NSR program and the regulation of
PM2.5 precursors other than ammonia in accordance with
section 189(e) of the Act. Today's action does not modify the findings
we made in that proposed action, and through this supplemental
proposal, we are not reopening or otherwise seeking public comment on
any other issues or findings in that June 1, 2017 proposed action.
    We will accept comments from the public on this supplemental
proposal until February 9, 2018.

IV. Incorporation by Reference

    This action supplements our prior proposed rule where the EPA has
proposed to include in a final EPA rule regulatory text that includes
incorporation by reference. This action does not propose additional
material for incorporation by reference.

V. Statutory and Executive Order Reviews

    Under the CAA, the EPA Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-00036 Filed 1-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 13, 2010 (Volume 75, Number 8)]
[Notices]
[Page 1834-1835]
[DOCID:fr13ja10-113]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership Availability in the National Parks Overflights
Advisory Group Aviation; Rulemaking Committee To Represent Commercial
Air Tour Concerns

ACTION: Notice.

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SUMMARY: The National Park Service (NPS) and the Federal Aviation
Administration (FAA), as required by the National Parks Air Tour
Management Act of 2000, established the National Parks Overflights
Advisory Group (NPOAG) in March 2001. The NPOAG was formed to provide
continuing advice and counsel with respect to commercial air tour
operations over and near national parks. This notice informs the public
of one vacancy (due to completion of membership on May 19, 2010) on the
NPOAG (now the NPOAG Aviation Rulemaking Committee (ARC)) for a member
representing commercial air tour operator concerns and invites
interested persons to apply to fill the vacancy.

DATES: Persons interested in serving on the NPOAG ARC should contact
Mr. Barry Brayer at the mailing or e-mail address below in writing on
or before February 19, 2010.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, AWP-1SP, Special
Programs Staff, Federal Aviation Administration, Western-Pacific Region
Headquarters, P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:
(310) 725-3800, e-mail<EMAIL_ADDRESS>or Karen Trevino,
National Park Service, Natural Sounds Program, 1201 Oakridge Dr., Suite
100, Fort Collins, CO 80525, telephone<PHONE_NUMBER>, e-mail: Karen_
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181. The Act required the
establishment of the advisory group within 1 year after its enactment.
The advisory group was established in March 2001, and is comprised of a
balanced group of representatives of general aviation, commercial air
tour operations, environmental concerns, and Native American tribes.
The Administrator of the FAA and the Director of NPS (or their
designees) serve as ex officio members of the group. Representatives of
the Administrator and Director serve alternating 1-year terms as
chairman of the advisory group.
    The advisory group provides ``advice, information, and
recommendations to the Administrator and the Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) On safety, environmental, and other issues related to
commercial air tour operations over a national park or tribal lands.''
    Members of the advisory group may be allowed certain travel
expenses as authorized by section 5703 of Title 5, United States Code,
for intermittent Government service.
    By FAA Order No. 1110-138, signed by the FAA Administrator on
October 10, 2003, the NPOAG became an Aviation Rulemaking Committee
(ARC). FAA Order No. 1110-138, was amended and became effective as FAA
Order No. 1110-138A, on January 20, 2006.
    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four

members representing environmental concerns, and two members
representing Native American tribal concerns. Current members of the
NPOAG ARC are: Robert Hackman, Aircraft Owners and Pilots Association;
Alan Stephen, fixed-winged air tour operator representative; Elling
Halvorson, Papillon Airways, Inc.; Matthew Zuccaro, Helicopter
Association International; Chip Dennerlein, Siskiyou Project; Gregory
Miller, American Hiking Society; Kristen Brengel, National Parks
Conservation Association; Bryan Faehner, National Parks Conservation
Association; Rory Majenty, Hualapai Nation; and Ray Russell, Navajo
Parks and Recreation.

Public Participation in the NPOAG ARC

    In order to retain balance within the NPOAG ARC, the FAA and NPS
invite persons interested in serving on the ARC to represent commercial
air tour operator concerns, to contact Mr. Barry Brayer (contact
information is written above in FOR FURTHER INFORMATION CONTACT).
    Requests to serve on the ARC must be made to Mr. Brayer in writing
and postmarked or e mailed on or before February 19, 2010. The request
should indicate whether or not you are a member of an association or
group representing commercial air tours, or have another affiliation
with issues relating to aircraft flights over national parks. The
request should also state what expertise you would bring to the NPOAG
ARC as related to the vacancy you are seeking to fill (e.g., commercial
air tour concerns). The term of service for NPOAG ARC members is 3
years.

    Issued in Hawthorne, CA on January 6, 2010.
Barry Brayer,
NPOAG Chairman, Manager, Special Programs Staff, Western-Pacific
Region.
[FR Doc. 2010-386 Filed 1-12-10; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6782-6784]
[FR Doc No: 2011-2771]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2011-0052; FRL-9263-6]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Collection Request for Superfund Site
Evaluation and Hazard Ranking System

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on July 31, 2011. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before April 11, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2011-0052 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Superfund Docket, Mail Code: 28221T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center--Public Reading Room; EPA
West Building, Room 3334; 1301 Constitution Avenue, NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2011-0052. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise

protected through http://www.regulations.gov or
<EMAIL_ADDRESS>The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Randy Hippen, phone:<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>Site Assessment and Remedy Decisions
Branch, Assessment and Remediation Division, Office of Superfund
Remediation and Technology Innovation (mail code 5204P), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-SFUND-2011-0052 which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Superfund
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is 202-566-
1744, and the telephone number for the Superfund Docket is 202-566-
0276.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
those State agencies, Indian Tribes, and U.S. Territories performing
Superfund site evaluation activities.
    Title: Superfund Site Evaluation and Hazard Ranking System
(Renewal).
    ICR numbers: EPA ICR No. 1488.08, OMB Control No. 2050-0095.
    ICR status: This ICR is currently scheduled to expire on July 31,
2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA, 1980 and 1986) amends the
National Oil and Hazardous Substances Contingency Plan (NCP) to include
criteria prioritizing releases throughout the U.S. before undertaking
remedial action at uncontrolled hazardous waste sites. The Hazard
Ranking System (HRS) is a model that is used to evaluate the relative
threats to human health and the environment posed by actual or
potential releases of hazardous substances, pollutants, and
contaminants. The HRS criteria take into account the population at
risk, the hazard potential of the substances, as well as the potential
for contamination of drinking water supplies, direct human contact,
destruction of sensitive ecosystems, damage to natural resources
affecting the human food chain, contamination of surface water used for
recreation or potable water consumption, and contamination of ambient
air.
    EPA Regional offices work with States to determine those sites for
which the State will conduct the Superfund site evaluation activities
and the HRS scoring. The States are reimbursed 100 percent of their
costs, except for record maintenance.
    Under this ICR, the States will apply the HRS by identifying and
classifying those releases or sites that warrant further investigation.
The HRS score is crucial since it is the primary

mechanism used to determine whether a site is eligible to be included
on the National Priorities List (NPL). Only sites on the NPL are
eligible for Superfund-financed remedial actions.
    HRS scores are derived from the sources described in this
information collection, including conducting field reconnaissance,
taking samples at the site, and reviewing available reports and
documents. States record the collected information on HRS documentation
worksheets and include this in the supporting reference package.
    Burden Statement: The annual public reporting and record keeping
burden for this collection of information is estimated to average 226.9
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. EPA estimates 60
States, Indian Tribes, and U.S. Territories will likely respond, each
averaging 11 actions per year. The total burden for all respondents is
estimated at 148,873 hours and approximately $11,740,260 each year
(based on historic data on estimated costs per site assessment
activity).
    The current ICR provides a detailed explanation of the Agency's
estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 60.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
11.
    Estimated total annual burden hours: 148,873 hours.
    Estimated total annual costs: $11,740,260. This includes an
estimated burden cost of $11,740,260 and an estimated cost of $0 for
capital investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    The current estimate of hours in the total estimated respondent
burden reflects hours identified in the ICR currently approved by OMB.
EPA expects a small decrease in total burden and cost for the renewal
ICR due to a small decline in the number of assessment activities
conducted nationally.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: January 28, 2011.
James E. Woolford,
Director, Office of Superfund Remediation and Technology Innovation.
[FR Doc. 2011-2771 Filed 2-7-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70324-70326]
[FR Doc No: 2013-28074]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0025]

Thy Hydrostatic Testing Provision of the Portable Fire
Extinguishers Standard; Extension of the Office of Management and
Budget's (OMB) Approval of the Information Collection (Paperwork)
Requirements

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

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Hydrostatic
Testing provision of the Portable Fire Extinguishers Standard for
General Industry (29 CFR 1910.157(f)(16)).

DATES: Comments must be submitted (postmarked, sent, or received) by
January 24, 2014.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.

    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0025, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number for the Information Collection Request (ICR) (OSHA-
2010-0025). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) 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 the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The collections of information contained in the Hydrostatic Testing
Provision of the Portable Fire Extinguishers Standard are necessary to
reduce workers' risk of death or serious injury by ensuring that
portable fire extinguishers are in safe operating condition. The
following paragraphs describe who uses the information in the testing
certification record, as well as how they use it.

Test Records (Sec.  1910.157(f)(16))

    Paragraph (f)(16) requires employers to develop and maintain a
certification record of hydrostatic testing of portable fire
extinguishers. The certification record must include the date of
inspection, the signature of the person who performed the test, and the
serial number (or other identifier) of the fire extinguisher that was
tested.

Disclosure of Test Certification Records

    The certification record must be available to the Assistant
Secretary or his/her representative upon request. The certification
record provides assurance to employers, workers, and OSHA compliance
officers that the fire extinguishers have been hydrostatically tested
in accord with and at the intervals specified in Sec.  1910.157(f)(16),
thereby ensuring that they will operate properly in the event workers
need to use them. Additionally, these records provide the most
efficient means for the compliance officers to determine that an
employer is complying with the hydrostatic testing provision.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
cost) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Hydrostatic Testing Provision
of the Portable Fire Extinguishers Standard for General Industry (29
CFR 1910.157(f)(16)). OSHA is proposing to increase the burden hours in
its currently approved information collection request from 124,084
burden hours to 125,986 burden hours (a total increase of 1,902 hours).
This increase is due to updated data showing an increase in the number
of firms affected by the Standard. The Agency will summarize the
comments submitted in response to this notice and will include this
summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: The Hydrostatic Testing Provision of the Portable Fire
Extinguishers Standard (29 CFR 1910.157(f)(16)).
    OMB Control Number: 1218-0218.
    Affected Public: Business or other for-profits.
    Number of Responses: 9,205,000.
    Frequency of Responses: On occasion.
    Average Time per Response: Ranges from one minute (.02 hour) to
maintain the certification records to 33 minutes (.55 hour) to test an
extinguisher, and generate and maintain the certification record.
    Estimated Total Burden Hours: 125,986 hours.
    Estimated Cost (Operation and Maintenance): $16,952,542.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regualtions.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other

material must identify the Agency name and the OSHA docket number for
the ICR (Docket No. OSHA-2010-0025). You may supplement electronic
submissions by uploading document files electronically. If you wish to
mail additional materials in reference to an electronic or facsimile
submission, you must submit them to the OSHA Docket Office (see the
section of this notice titled ADDRESSES). The additional materials must
clearly identify your electronic comments by your name, date, and the
docket number so the Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publically 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.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link.
    Contact the OSHA Docket Office for information about materials not
available through the Web site, and for assistance in using the
Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on November 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-28074 Filed 11-22-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70172-70174]
[FR Doc No: 2012-28487]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2012-0848]

Lifesaving and Fire-Fighting Equipment, Training and Drills
Onboard Offshore Facilities and Mobile Offshore Drilling Units (MODUs)
Operating on the U.S. Outer Continental Shelf (OCS)

AGENCY: Coast Guard, DHS.

ACTION: Notice of recommended interim voluntary guidance with request
for comments.

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SUMMARY: As part of its continuing response to the explosion, fire and
sinking of the Mobile Offshore Drilling Unit (MODU) DEEPWATER HORIZON,
in the Gulf of Mexico on April 20, 2010, with loss of life, the Coast
Guard announces recommended interim voluntary guidance concerning
lifesaving and fire-fighting equipment, training, and drills onboard
manned offshore facilities and MODUs operating on the U.S. Outer
Continental Shelf (OCS), and requests comments on that guidance.
Comments received on the docket will be considered in our ongoing
evaluation of the safety of offshore facilities.

DATES: The policy on recommended guidance described in this notice is
effective November 23, 2012. Comments and related materials must reach
the Docket Management Facility by February 21, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0848 using any one of the following methods. To avoid duplication,
please use only one of these four methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section below for instructions on submitting comments.
    Documents mentioned as being available in the docket are part of
docket USCG-2012-0848 and are available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2012-0848 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Mr. Randall Eberly, U.S. Coast Guard, Office of Design
and Engineering Standards, Lifesaving and Fire Safety Division (CG-ENG-
4), telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation

    You may submit comments and related material regarding whether this
recommended interim voluntary guidance should be incorporated into
future rulemaking documents concerning lifesaving and fire-fighting
equipment, training and drills on board offshore facilities and MODUs
operating on the U.S. Outer Continental Shelf. All comments received
will be posted, without change, to http://www.regulations.gov and will
include any personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2012-0848) and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail or hand delivery, but please use only one of these means. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2012-0848'' in the ``Search'' box. Click ``Search,'' find
this notice in the list of Results, and then click on the corresponding
``Comment Now'' box. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.

Viewing the Comments

    To view comments, as well as documents mentioned in this notice as
being available in the docket, go to http://www.regulations.gov and
insert ``USCG-2012-0848'' in the ``Search'' box. Click ``Search'' and
use the filters on the left side of the page to highlight ``Public
Submissions'' or other document types. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act system of
records notice regarding our public dockets in the January 17, 2008,
issue of the Federal Register (73 FR 3316).

II. Background and Interim Voluntary Guidance

    The Report of Investigation into the Circumstances Surrounding the
Explosion, Fire, Sinking and Loss of Eleven Crew Members Aboard the
Mobile Offshore Drilling Unit DEEPWATER HORIZON in the Gulf of Mexico,
April 20-22, 2010, and related Commandant's Final Action Memo, dated
September 9, 2011, (hereinafter referred to as ``Report'') contain a
number of recommendations for OCS safety improvements that are
presently

being evaluated for further regulatory action. (These documents may be
found in the docket for this action, as indicated under ADDRESSES). The
Coast Guard believes that the five recommendations discussed below
could yield significant safety improvements, and, pending issuance of
further regulatory action, urges operators of MODUs and manned offshore
facilities on the U.S. OCS to consider voluntary compliance with these
items, to the extent appropriate and practicable.

(a) Fixed Deluge Systems for Drill Floor Protection (Safety
Recommendation 2D)

    The Report recommended that a fixed deluge system or multiple high
capacity water monitors should be installed for the protection of the
drill floor and adjacent areas, with consideration given to requiring
automatic operation upon gas detection.
    We are considering proposing requirements for installation of such
systems, since it is believed that, in some circumstances, early
employment of a deluge or monitor spray system during a drilling mishap
could serve to prevent or delay ignition of an uncontrolled release of
product and/or mitigate the effects of ignition.
    As an interim measure, we recommend that operators of MODUs and
manned offshore facilities should consider installation of fixed water
spray systems for the protection of critical drill floor equipment,
structural components and intervening fire barriers. A minimum water
application rate of at least 0.50 gpm/ft\2\ is recommended. If fixed
high capacity water monitors are used as an alternative measure, use of
at least two dual purpose fixed monitors, each with a minimum flow rate
and pressure of 500 gpm at 100 psi should be considered. The monitors
should be arranged for remote operation, or local manual operation from
a protected location not likely to be cut off during a fire.

(b) Carrying Capacity of Lifeboats (Safety Recommendation 3C)

    The Report recommended that the Commandant work to amend the
International Maritime Organization (IMO) Life-Saving Appliance Code
(LSA Code) and its associated testing recommendations to ensure the
adequacy of lifesaving appliance standards. In particular, the minimum
average occupant weight of 165 or 181.5 lbs presently used to determine
the carrying capacity of lifeboats is not considered representative of
the weight of average offshore workers on the U.S. OCS, and thus
lifeboat embarkation and evacuation could be hampered in an emergency
due to occupant size.
    We believe the existing requirements in the LSA Code, and
associated Coast Guard type approval standards, are adequate for most
shipboard applications subject to IMO requirements. Nevertheless, they
are minimums. The number of requests the Coast Guard has received from
offshore operators for approval of lifeboats designed to accommodate
offshore workers larger than the average population is consistent with
the Report's conclusion that current lifeboat design and testing
requirements are not adequate for the physical build of the average
offshore worker today. The Coast Guard is therefore considering
proposing requirements for higher average occupant weight and size
standards specifically for lifeboats used on MODUs and offshore
facilities.
    We recommend that operators of MODUs and manned offshore facilities
should consider specifying any new or replacement lifeboats on the
basis of an occupant average weight of at least 95 kg (210 lbs) per
person (versus the current standard of 82.5 kg (181.5 lbs)), with a
minimum seat width of 530 mm (21 inches) (versus the current standard
of 430 mm (17 inches)). A number of Coast Guard approved SOLAS
lifeboats have already been approved to this standard by request of the
customer(s), and are currently available for use on OCS facilities.

(c) Training in the Deployment of Davit-Launched Liferafts (Safety
Recommendation 3D)

    The Report recommended that the Commandant clarify 46 CFR
109.213(g)(5), which requires that onboard training in the use of
davit-launched liferafts must take place at intervals of not more than
4 months, and that ``whenever practicable'', this must include the
inflation and lowering of a liferaft. The regulations permit the
inflation and lowering of a davit launched liferaft to be performed
only ``whenever practicable'' because an operational raft would need to
be taken out of service to perform the drill, and would remain out of
service until inspected and repacked by an approved servicing facility
ashore. It was anticipated that the requirement to deploy the rafts
``whenever practicable'' would encourage scheduling drills to
coordinate with the required periodic servicing of the facility's
liferafts, to avoid having them repeatedly sent for servicing. However,
the current requirement to inflate and deploy a liferaft ``whenever
practicable'' also potentially allows for indefinite deferral of this
important training.
    To promote hands-on familiarity with davit-launched liferaft
operations, the Coast Guard is considering proposing requirements for
drills to include the inflation and lowering of a davit-launched
liferaft at specified intervals.
    In the interim, we recommend that operators of MODUs and manned
offshore facilities fitted with davit-launched liferafts should
consider the carriage of a dedicated training liferaft (which need not
be serviced at an authorized facility after it is used in drills) for
the crew to practice the necessary steps for successful deployment,
including inflation of the raft, connection to the launching appliance,
lowering, and recovery of the liferaft.
    Alternatively, when the liferafts onboard the MODU or facility
become due for required periodic servicing, the crew should be
permitted to deploy them during drills, prior to being sent to a
shoreside approved facility for servicing and repacking.

(d) Carriage of Dedicated Rescue Boats (Safety Recommendation 3J)

    The Report recommended that the Commandant work with IMO to amend
the Code for the Construction and Equipment of Mobile Offshore Drilling
Units (MODU Code) to prohibit the dual purpose acceptance of life boats
as rescue boats on MODUs.
    The Coast Guard believes totally enclosed lifeboats are not well
suited for use as rescue boats on MODUs and offshore facilities, and is
considering changing the regulations that permit this practice. When a
dual purpose life/rescue boat is fully loaded and being used as a
survival craft, it is not available for use as a rescue boat, and vice
versa. Rescue boats are primarily intended to marshal liferafts, and
for man overboard situations. In order to carry out this mission, they
are fitted with special launching and retrieval appliances that allow
their recovery onboard in harsh weather and sea conditions. Dual
purpose lifeboats do not have similar launching and retrieval
capability, and on MODUs and offshore facilities, lifeboats can be
difficult or impossible to safely recover in anything but the most
benign conditions due to the large air gap and the lack of a ship's
side to potentially provide a lee.
    Until new regulations are proposed, we recommend that operators of
new MODUs and manned offshore facilities should provide a dedicated
approved SOLAS rescue boat (USCG approval series 160.156 or equivalent)
and dedicated approved launching

appliance instead of relying on a dual approved life/rescue boat to
meet this requirement. Operators of existing MODUs or facilities that
currently use a dual approved life/rescue boat to meet this requirement
are urged to supplement their life saving capability with a dedicated
approved SOLAS rescue boat and launching appliance.
    For MODUs or facilities with a large air gap, operators should
consider the improved launching and recovery capabilities of an
approved fast rescue boat with a dedicated fast rescue boat launching
appliance (which is equipped with motion damping and a constant
tensioning winch).

(e) Quarterly Man Overboard Drills (Safety Recommendation 3M)

    The Report recommended the Commandant amend 46 CFR 109.213 to
require performance of a man overboard drill on at least a quarterly
basis.
    We agree that 46 CFR 109.213, as well as the relevant OCS
Activities regulations in 33 CFR Subchapter N, should include a
quarterly man overboard drill, and are considering proposing regulation
changes for this purpose.
    Until new requirements are proposed, the Coast Guard urges
operators of all MODUs and manned offshore facilities on the U.S. OCS
to consider performing a man overboard drill on at least a quarterly
basis, including deployment of a rescue boat, where provided, to
simulate the recovery of a person from the water.

III. Authority

    This document is issued under the authority of 5 U.S.C. 552(a), 43
U.S.C. 1331, et seq., and 33 CFR 1.05-1. The guidance contained in this
notice is not a substitute for applicable legal requirements, nor is it
itself a rule. It is not intended to nor does it impose legally binding
requirements on any party. It represents the Coast Guard's current
thinking on this topic and provides the public with an indication of
future action being considered by the Coast Guard.

    Dated: October 24, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-28487 Filed 11-21-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Rules and Regulations]
[Page 55447-55449]
[DOCID:fr28oc09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0952; Directorate Identifier 2009-SW-04-AD;
Amendment 39-16055; AD 2009-22-04]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France (ECF) Model EC 155B
and EC155B1 Helicopters

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
specified ECF model helicopters. This AD results from a mandatory
continuing airworthiness information (MCAI) AD issued by the European
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Community. The MCAI AD states that
freezing of the route display on the navigation display (ND) in the
Sector mode occurs for flight plans that include procedures in the
terminal zone (departure or arrival). The MCAI AD prohibits the use of
the UNS-1D navigation system (also known as the Flight Management
System (FMS)) for Standard Instrument Departure (SID), Standard
Instrument Terminal Arrival Route (STAR), and instrument approach
procedures. The actions are intended to prevent the flight crew from
relying on a frozen route ND, unanticipated increases in flight crew
workload, pilot confusion in the terminal airspace environment, and
subsequent loss of control of the helicopter.

DATES: This AD becomes effective on November 12, 2009.
    We must receive comments on this AD by December 28, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX
75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER> or at http://
www.eurocopter.com.
    Examining the Docket: You may examine the AD docket on the Internet
at http://www.regulations.gov or in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations office (telephone<PHONE_NUMBER>) is stated in the
ADDRESSES section of this AD. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, George
Schwab, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate,
Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD No. 2009-0035-E, dated February
18, 2009, to correct an unsafe condition for the Model EC 155 B and B1
helicopters.
    The route display on the ND in the Sector mode is no longer
refreshed if the flight plan, processed and transmitted by the UNS-1D
FMS, contains a procedure that includes a holding pattern or a Distance
Measurement Equipment arc. Only the route display on the ND in the
Sector mode is affected. The navigation and guidance parameter displays
on the ND, the flight plan display on the UNS-1D, and the coupling to
the autopilot are not affected. Freezing of the route display only
occurs for flight plans that include procedures in the terminal zone
(departure and arrival). If not corrected, unanticipated freezing of
the route display during operations under IFR conditions, particularly
during instrument meteorological conditions, would result in a
significant increase in flight crew workload, causing pilot confusion
in the more crowded terminal airspace environment and affecting the
safety of the helicopter and its occupants. For those reasons, the MCAI
AD prohibits the use of the UNS-1D navigation system for SID and STAR
procedures. The Rotorcraft Flight Manual (RFM) currently prohibits the
use of the GPS for approach procedures.
    You may obtain further information by examining the MCAI AD and any
related service information in the AD docket.

Related Service Information

    Eurocopter has issued an Emergency Alert Service Bulletin No.
04A008, dated February 17, 2009. The service information specifies
prohibiting the use of the UNS-1D navigation system for SID and STAR
and for instrument approach procedures. The actions described in the
MCAI AD are intended to correct the same unsafe condition as that
identified in the service information.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, their technical agent, has
notified us of the unsafe condition described in the MCAI

AD. We are issuing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other helicopters of these same type
designs.

Differences Between This AD and the MCAI AD

    We state the actions in this AD rather than referencing the
Eurocopter Emergency Alert Service Bulletin for installing the placard.
Also, we allow the limitations to be made by making pen and ink changes
to the Limitations section of the RFM.

Costs of Compliance

    We estimate that this AD will affect about 5 helicopters of U.S.
registry. We also estimate that it will take about \1/4\ work-hour per
helicopter to install the placard and amend the RFM. The average labor
rate is $80 per work-hour. Required parts will cost about $5 per
helicopter. Based on these figures, we estimate the cost of this AD on
U.S. operators will be $125.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. We find the risk to the flying public justifies waiving notice
and comment prior to adopting this rule because of the short compliance
time and the failure of the ND display in the Sector mode that would
likely result in a significant increase in flight crew workload, pilot
confusion, and subsequent loss of control of the helicopter. Therefore,
we have determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. However, we invite you to send us any written data, views, or
arguments concerning this AD. Send your comments to an address listed
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0952; Directorate Identifier 2009-SW-04-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on product(s) identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-22-04 Eurocopter France: Amendment 39-16055. Docket No. FAA-
2009-0952; Directorate Identifier 2009-SW-04-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on
November 12, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC 155B and EC155B1 helicopters,
all serial numbers, with the UNS-1D navigation system installed,
certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD
states that freezing of the route display on the navigation display
in the Sector mode of the UNS-1D Flight Management System occurs
when flight plans include procedures in the terminal zone (departure
or arrival).

Actions and Compliance

    (e) Before further flight, unless already accomplished, do the
following:
    (1) Make pen and ink changes, or insert a copy of this AD or an
amended copy of Rotorcraft Flight Manual Supplement (RFM) 58 into
the operating limitations section of the RFM with the following
limitation: ``USING FMS FOR SIDS, STARS AND INSTRUMENT APPROACHES IS
PROHIBITED.''
    (2) Make a placard with black letters on white background with
the following wording: ``USING FMS FOR SIDS, STARS AND INSTRUMENT
APPROACHES IS PROHIBITED.'' Install the placard on the console in
place of the placard ``USING GPS FOR INSTRUMENT APPROACHES IS
PROHIBITED.''

Differences Between This AD and the MCAI AD

    (f) We state the actions in this AD rather than referencing the
Emergency Alert Service Bulletin for installing the placard. Also,
we allow the limitations to be made by making pen and ink changes to
the Limitations section of the RFM.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, ATTN: DOT/FAA Southwest Region, George
Schwab, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate,
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5114, fax<PHONE_NUMBER>, has the authority to approve AMOCs

for this AD, if requested using the procedures found in 14 CFR
39.19.
    (h) Ferry flight permits are not permitted.

Related Information

    (i) European Aviation Safety Agency (EASA) MCAI AD No. 2009-
0035-E, dated February 18, 2009, and Eurocopter Emergency Alert
Service Bulletin 04A008, dated February 17, 2009, contain related
information.

Joint Aircraft System/Component (JASC) Tracking Code

    (j) JASC Code 3460 Navigation--UNS-1D Navigation System--
Limitation.

    Issued in Fort Worth, Texas, on September 16, 2009.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-25441 Filed 10-27-09; 8:45 am]

BILLING CODE 4910-13-P