EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: PV Shah,<PHONE_NUMBER>

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

BYK Additives Inc.

[IN-10781]

		EPA has received a pesticide petition (IN-10781) from BYK Additives Inc., 1600 W. Hill Street, Louisville, KY 40210 requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from the requirement of a tolerance for Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite (CAS #1574487-61-8), when used as an inert suspending or structuring agent applied to growing crops under 40 CFR 180.920 in pesticide formulations. The inert substance will be used as part of an inert mixture that is intended for use in pesticides. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry NA remove

	1. Plant metabolism.

	2. Analytical method. NA remove

	3. Magnitude of residues. NA remove

B. Toxicological Profile

	1. Acute toxicity.  Acute oral and inhalation studies have been conducted in animals with many organoclay materials that are similar to  Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite and give consistent results that classify these materials as Toxicity Category IV for these two endpoints. Oral LD50 values exceed 5000 mg/kg bw and inhalation LD50 values were consistently greater than 2 mg/L.   An acute dermal toxicity study was conducted on stearalkonium bentonite; this substance was classified as Toxicity Category III for acute dermal toxicity based on the LD50 of >2000 mg/kg bw. Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite is not expected to be irritating to the skin, based on results in other organoclays.  Minimal eye irritation may occur in humans as a result of the physical nature of the clay particles, although moderate irritation has been reported in animals exposed to organoclays via the eye. Sensitization reactions were not observed in two structurally similar treated clays when tested in guinea pigs and humans.

	2. Genotoxicty. Treated clays similar to quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite have been studied in a variety of bacterial and mammalian cell genotoxicity studies as well as in vivo genotoxicity studies. All of the genotoxicity studies on treated clays have been negative. These include an in vivo micronucleus assay and a modified mammalian bone marrow chromosome aberration assay.

	3. Reproductive and developmental toxicity. A one-generation reproductive toxicity study was carried out on the structurally similar substance, Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, salts with hectorite (CAS #121888-67-3) using OECD guideline 415. Female and male Sprague Dawley rats (24 sex/group) were dosed with 0, 50, 225, and 1000 mg/kg bw during mating and through post natal day 21. The following endpoints were assessed: morbidity/mortality, clinical signs, body weight, food consumption, mating, gestation, number of live/dead offspring, litter body weight, litter clinical signs; food conversion ratio; mating performance and fertility; pre-coital interval; fertility indices (mating index and pregnancy index); gestation length; gestation and parturition index; lactation data including live birth index, viability indices; sex ratio; and offspring physical development and reflexology. A difference in mean litter body weights was not considered to be toxicologically important and there were no effects on other developmental endpoints.  The study authors determined the NOAEL for systemic and reproductive/developmental effects to be the highest dose, 1000 mg/kg bw/day. In a 28-day toxicity study of stearalkonium bentonite, there were no histopathological findings in any reproductive organ including testis, epididymis, ovary, prostate, or uterus

	4. Subchronic toxicity. Three 28-day OECD test guideline 407 studies (or close variations) were identified for three structurally similar treated clays. Study authors considered the highest dose (1000 mg/kg bw/day) in each test to be the NOAEL. In the first study, rats receiving stearalkonium bentonite at 0, 100, 316, or 1000 mg/kg bw/day showed no test substance-related effects after 28 days of dosing. A parallel high dose plus recovery group showed some differences from controls, but these were not seen in the high dose/non-recovery rats and therefore were not considered test substance -related.  In the second study, a 1000 mg/kg/day dose of quaternary ammonium compounds, benzyl(hydrogenated tallow alkyl)dimethyl, chlorides, compounds with bentonite for 28 days resulted in no mortalities, clinical signs of toxicity, effects on body weight or food consumption, or statistically significant findings for hematology or clinical chemistry in Charles River/CD rats. Changes in organ weights of treated animals were not considered toxicologically relevant. In the third study, quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, salts with hectorite was dosed to Charles River/CD rats at 0 or 1000 mg/kg bw/day. There were no mortalities, clinical signs of toxicity, changes in body weight gains, food consumption or hematological parameters. There were some differences from controls in clinical chemistry parameters and adrenal weights (males). None of the effects were considered toxicologically relevant based on their appearance in only one sex and their small deviation from control values, which were often still within the historical range of normal values. The authors considered the NOAEL to be 1000 mg/kg bw/day.

	5. Chronic toxicity. N/A Remove

	6. Animal metabolism. A guideline study of the treated clay quaternary ammonium compounds, benzylalkyl (C14-C22) dimethyl, salts with bentonite (CAS #71011-24-0) showed that only a negligible concentration of treated clays is absorbed by orally dosed rats. After 48 hours, 0.16% and 0.95% of the administered dose remained in the carcass of rats dosed with 5 and 500 mg/kg bw, respectively. Given that Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite contains particles in the respirable size range, there is potential for accumulation following inhalation exposure of the raw material if it is still in dry particle form. Clearance from the lungs shows two phased clearance in which most of the fibers are cleared in the first phase. Fibers of sepiolite derived from Vallecas-Vicalvaro, Spain, such as those in the petitioned substance, have a total half-rate of clearance from the lungs of 89 days, with 95% of the fiber mass eliminated with a half-rate of 39 days.

	7. Metabolite toxicology. N/A Remove

	8. Endocrine disruption. In the available toxicity studies on treated clays, there was no evidence of endocrine disruptor effects.

C. Aggregate Exposure

	1. Dietary exposure. The estimated dietary exposure to quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite was determined using methods to estimate chronic dietary exposure for a generic inert ingredient. This assessment considers drinking water and crop-specific residues from pre-harvest applications of agricultural insecticides, herbicides and fungicides, assuming the highest established tolerance level residue for each commodity. The assessment assumes that the inert ingredient is used on all crops, and that 100% of all crops are treated with the inert. The inert ingredient is assumed to be present in all commodities treated with 57 of the most significant active ingredients at the maximum tolerance level as identified by the U.S. EPA for the default assessment. Chronic dietary exposure estimates were derived for the general US population and sub-groups of the population using the Dietary Exposure Evaluation Model, DEEM(TM). The I-DEEM residue data set developed by EPA was used for the analysis. The inert ingredient is assumed to be in the formulation at a concentration of 50% for the default assessment, but this has been amended to account for the actual use level of Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl) dimethylammonium salts with sepiolite in the end use product. The estimated chronic exposure for the total US population is 0.0076 mg/kg/day, about 0.076% of the chronic Population Adjusted Dose (cPAD). Children age 1 to 2 years old have the highest estimated exposure at 0.0282 mg/kg/day, about 0.282% of the cPAD. Both of these estimates give a margin of exposure that exceeds 1x10[4].

	i. Food. There are no other known dietary sources of quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite.

	ii. Drinking water. Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite exposure via drinking water from use as an inert ingredient is not expected to be significant. Based on the physical chemical characteristics of the treated clays, the substance is expected to settle out in water. Exposure via drinking water was estimated in the DEEM dietary exposure assessment assuming a concentration of 100 ppb.

	2. Non-dietary exposure. There are no known non-dietary sources of exposure to quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite.

D. Cumulative Effects

	Section 408(b)(2)(D) (9v) of the FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider "available information" concerning the cumulative effects of a particular pesticide's residues and "other substances that have a common mechanism of toxicity." EPA has not made a common mechanism of toxicity finding as to quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite and other compounds. Quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite does not appear to produce toxic metabolites in common with other substances. For the purpose of the tolerance exemption actions proposed, it is assumed that quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite does not share a common mechanism of toxicity with other substances.

E. Safety Determination

	1. U.S. population. There is a reasonable certainty that no harm to humans will result from the use of quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite as an inert ingredient in pesticide products. A NOAEL of 1000 mg/kg/day obtained in three 28-day toxicity tests and in a one-generation reproductive toxicity test was used as the point of departure for the chronic population adjusted dose (cPAD).  Intraspecies and interspecies uncertainty factors were combined for a total uncertainty factor of 100. The resulting cPAD is 10 mg/kg/day. For the total US population, the estimated chronic dietary exposure from food and drinking water for this treated clay, is less than 0.1% of the cPAD. This estimated exposure to quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite is well below any level of potential concern

	2. Infants and children. There is a reasonable certainty that no harm to infants and children will result from the use of quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite as an inert ingredient in pesticide products. A one-generation reproductive toxicity study in rats demonstrated no reproductive effects or effects on developmental endpoints. A cPAD of 10 mg/kg/day is protective of infants and children. The cPAD was derived for quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite based on the NOAEL of 1000 mg/kg bw/day in the reproductive study as well as multiple subchronic studies. The estimated chronic dietary exposure from food and drinking water was highest (0.282% of cPAD) for children aged 1 to 2 years old. Estimated exposure of all infants to quaternary ammonium compounds, benzylbis(hydrogenated tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium salts with sepiolite was estimated to be 0.158% of the cPAD. These estimated exposures are well below any level of potential concern.

F. International Tolerances

	N/A Remove


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Page 6966]
[FR Doc No: 2020-02303]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4473-DR; Docket ID FEMA-2020-0001]

Puerto Rico; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Puerto Rico (FEMA-4473-DR), dated January 16,
2020, and related determinations.

DATES: This amendment was issued January 22, 2020.

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: The notice of a major disaster declaration
for the Commonwealth of Puerto is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of January 16, 2020.

    The municipalities of Adjuntas, Cabo Rojo, Corozal, Jayuya,
Lajas, Lares, Maricao, San Sebasti[aacute]n, and Villalba for
Individual Assistance.
    The municipality of San Germ[aacute]n for Individual Assistance
(already designated for debris removal and emergency protective
measures [Categories A and B], including direct federal assistance,
under the Public Assistance 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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-02303 Filed 2-5-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65166-65169]
[FR Doc No: 2013-25307]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0625; Directorate Identifier 2013-NM-013-AD;
Amendment 39-17638; AD 2013-22-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 94-13-06 for
certain The Boeing Company Model 747 series airplanes. AD 94-13-06
required repetitive detailed inspections to detect cracking in certain
fuselage upper deck tension ties, repair or modification of any cracked
tension ties, and repetitive inspections of repaired and modified
tension ties and repair or modification if necessary. AD 94-13-06 also
provided for optional terminating action for the repetitive detailed
inspections of tension ties that had not been repaired or modified.
This new AD retains the repetitive inspections, mandates the previously
optional terminating modification, and adds, for tension ties that have
not been repaired or modified, repetitive inspections that must be done
concurrently with the existing repetitive inspections. This AD was
prompted by an evaluation by the design approval holder indicating that
the upper deck tension ties of the fuselage are subject to widespread
fatigue damage. We are issuing this AD to prevent widespread fatigue
damage of certain fuselage upper deck tension ties, which could result
in reduced structural integrity of the airplane.

DATES: This AD is effective December 5, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 5,
2013.

ADDRESSES: For service information identified in this AD, contact,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Ave. SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 94-13-06, Amendment 39-8946 (59 FR 32879, June
27, 1994). AD 94-13-06 applied to the specified products. The NPRM
published in the Federal Register on July 22, 2013 (78 FR 43839). The
NPRM proposed to continue to require repetitive detailed inspections to
detect cracking in certain fuselage upper deck tension ties, repair or
modification of any cracked tension ties, and repetitive inspections of
repaired and modified tension ties and repair or modification if
necessary. The NPRM also proposed to mandate the previously optional
terminating modification, and add, for tension ties that have not been
repaired or modified, repetitive inspections that must be done
concurrently with the existing repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. Boeing supported the
NPRM (78 FR 43839, July 22, 2013).

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed.

Costs of Compliance

    We estimate that this AD affects 113 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed inspections [retained     5 work-hours x $85               $0  $425 per inspection  $48,025 per
 action from AD 94-13-06,           per hour = $425.                     cycle.               inspection cycle.
 Amendment 39-8946 (59 FR 32879,
 June 27, 1994)].
Post-mod/repair inspections [new   1 work-hour x $85                 0  $85................  $9,605.
 proposed action].                  per hour = $85.
Modification [new proposed         Up to 112                         0  Up to $9,520.......  Up to $1,075,760.
 action].                           work[dash]hours x
                                    $85 per hour = up
                                    to $9,520.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in 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 products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
94-13-06, Amendment 39-8946 (59 FR 32879, June 27, 1994), and adding
the following new AD:

2013-22-06 The Boeing Company: Amendment 39-17638; Docket No. FAA-
2013-0625; Directorate Identifier 2013-NM-013-AD.

(a) Effective Date

    This AD is effective December 5, 2013.

(b) Affected ADs

    This AD supersedes AD 94-13-06, Amendment 39-8946 (59 FR 32879,
June 27, 1994).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-200B,
and 747-200F series airplanes, certificated in any category, as
listed in Boeing Alert Service Bulletin 747-53A2371, Revision 2,
dated December 11, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the upper deck tension ties of the fuselage
are subject to widespread fatigue damage. We are issuing this AD to
prevent widespread fatigue damage of certain fuselage upper deck
tension ties, which could result in reduced structural integrity of
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspections and Repair/Modification

    Except as required by paragraph (k)(3) of this AD, at the
applicable time specified in Tables 1 and 3 of paragraph 1.E.,
``Compliance'' of Boeing Alert Service Bulletin 747-53A2371,
Revision 2, dated December 11, 2012: Do detailed and surface high
frequency eddy current (HFEC) inspections for cracks in the tension
ties, as applicable, and do all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2371, Revision 2, dated December 11, 2012,
except as required by paragraph (k)(2) of this AD. The effective
date of AD 94-13-06, Amendment 39-8946 (59 FR 32879, June 27, 1994)
is July 27, 1994. Do all applicable corrective actions before
further flight. Repeat the detailed and HFEC inspections thereafter
at the time specified in paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2371, Revision 2, dated December 11,
2012, except as specified in paragraph (k)(1) of this AD. Repair of
a tension tie, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2371, Revision 2, dated
December 11, 2012, except as required by paragraph (k)(2) of this
AD, terminates the requirements of this paragraph for that tension
tie only.

(h) Modification

    Except as provided by paragraph (k)(3) of this AD, at the
applicable time specified in Table 3 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2371,
Revision 2, dated December 11, 2012: Modify the tension ties,
including doing an open-hole HFEC inspection for cracks before
enlarging the hole, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2371, Revision
2, dated December 11, 2012. Modification of the tension ties
terminates the requirements of paragraph (g) of this AD. If any
cracking is found, before further flight, do the repair using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.

(i) Post-Repair/Modification Inspections

    At the applicable time specified in Table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2371,
Revision 2, dated December 11, 2012: Do a detailed inspection of all
repaired and modified tension ties, and do all applicable corrective
actions, except as required by paragraph (k)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2371, Revision 2, dated December 11, 2012,
except as required by paragraph (k)(2) of this AD. Repeat the
inspection thereafter at the times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2371,
Revision 2, dated December 11, 2012. Do all applicable corrective
actions before further flight.

(j) Credit for Previous Actions

    This paragraph provides credit for the modification required by
paragraphs (g) and (h) of this AD if that modification was done
before the effective date of this AD using Boeing Service Bulletin
747-53-2371, dated July 29, 1993; or Boeing Service Bulletin 747-53-
2371, Revision 1, dated April 27, 1995; which are not incorporated
by reference in this AD. Boeing Service Bulletin 747-53-2371, dated
July 29, 1993, was incorporated by reference in AD 94-13-06,
Amendment 39-8946 (59 FR 32879, June 27, 1994).

(k) Exception to Service Information

    (1) Where Row 2 of Table 3 of paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2371, Revision 2, dated
December 11, 2012, specifies repeating a ``detailed'' inspection,
``as given in Part 4'' of this service information, the repetitive
inspections required by this AD are ``HFEC'' inspections, done in
accordance with Part 4 and Figure 8 of Boeing Alert Service Bulletin
747-53A2371, Revision 2, dated December 11, 2012.
    (2) Where Boeing Alert Service Bulletin 747-53A2371, Revision 2,
dated December 11, 2012, specifies contacting Boeing for repair
instructions, or does not include repair instructions for a crack
found in an area other than the aft tension tie area: Before further
flight, do the repair using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.
    (3) Where Boeing Alert Service Bulletin 747-53A2371, Revision 2,
dated December 11, 2012, specifies a compliance time of ``after the
Revision 2 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in paragraph (m)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes ODA that has been authorized by the
Manager, Seattle ACO to make those findings. For a repair method to
be approved, the repair must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 94-13-06, Amendment 39-8946 (59 FR
32879, June 27, 1994), are approved as AMOCs for the corresponding
actions required by paragraphs (g), (h), and (i) of this AD.

(m) Related Information

    (1) For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information in this AD that is not incorporated by
reference may be obtained at the addresses specified in paragraphs
(n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-53A2371, Revision 2, dated
December 11, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 15, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-25307 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53881-53882]
[FR Doc No: 2023-17065]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-520-000]

Texas Eastern Transmission, LP; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on July 24, 2023, Texas Eastern Transmission, LP
(Texas Eastern), 915 N. Eldridge Parkway, Suite 1100, Houston, Texas
77079, filed in the above referenced docket, a prior notice request
pursuant to sections 157.205 and 157.208 of the Commission's
regulations under the Natural Gas Act (NGA), and Texas Eastern's
blanket certificate issued in Docket No. CP82-535-000, for
authorization to re-route and replace a segment of 30-inch diameter
pipeline near a crossing of the Ohio River in Monroe County, Ohio. All
the above facilities are located in Monroe County, Ohio. The project
will allow Texas Eastern to replace a segment of Line 10 that was
revealed to have an anomaly consisting of a shorted condition between
the carrier pipe and the casing and discontinue use of approximately
425 feet of the existing Line 10 pipeline facilities. The estimated
cost for the project is $14.1 million, all as more fully set forth in
the request which is on file with the Commission and open to public
inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions concerning this request should be directed to
Jennifer R. Rinker, Associate General Counsel, Texas Eastern
Transmission, LP, 915 N. Eldridge Parkway, Suite 1100, Houston, Texas
77079, Ph:<PHONE_NUMBER>, [email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on October 2, 2023.
How to file protests, motions to intervene, and comments is explained
below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\1\ any person \2\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is October 2, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \3\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is October 2, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely

and properly recorded, please submit your comments on or before October
2, 2023. The filing of a comment alone will not serve to make the filer
a party to the proceeding. To become a party, you must intervene in the
proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-520-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
---------------------------------------------------------------------------

    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-520-000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426. To
file via any other method: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Jennifer R.
Rinker, Associate General Counsel, Texas Eastern Transmission, LP, 915
N. Eldridge Parkway, Suite 1100, Houston, Texas 77079, or by
[email protected]. Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: August 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-17065 Filed 8-8-23; 8:45 am]
BILLING CODE 6717-01-P


Chapter 18
General Comments
General Opposition
Comment: 18.1-1: Multiple commenters generally opposed the proposed NSPS (0113, 0539, 0587, 0636, 0776, 0831, 1398, 1510, 1611, 1877, 1897, 1943, 2108, 2160, 2227, 2376, 2377, 2541, 2658, 2667, 2769, 2813, 2822, 2864, 2870, 2893, 2899, 2977, 3360, 4434, 4619, 4912, 5025, 5142, 5157, 5265, 5313, 5326, 5512, 5599, 5632, 5729, 6079, 6123, 6949, 7977, 8009, 8971, 8974, 9001, 9191, 9197, 9320, 9487, 9498, 9590, 9597, 9602, 9650, 9676, 9677, 9723, 9725, 9735, 10017, 10024, 10028, 10030, 10032, 10034, 10043, 10048, 10050, 10092, 10094, 10104, 10389, 10391, 10393, 10398, 10553, 10555, 10788, 10880, 10928, 10951).

Response: 18.1-1: The EPA acknowledges the commenters' general opposition to the proposed rule. Our responses to specific comments from organizations opposing the rule are provided throughout this document.

General Support
Comment: 18.2-1: Multiple commenters provided general non-specific support for the proposed NSPS (0192, 0343, 0586, 0775, 0783, 0785, 0828, 0838, 0915, 0933, 1405, 1419, 1430, 1508, 1509, 1511, 1512, 1529, 1530, 1612, 1630, 1637, 1652, 1678, 1679, 1745, 1747, 1883, 1889, 1896, 1900, 1901, 1952, 1966, 1972, 1975, 2059, 2062, 2228, 2378, 2512, 2525, 2674, 2980, 2982, 2983, 3043, 3180, 3353, 3594, 4358, 4436, 4703, 4836, 4975, 5144, 5145, 5146, 5147, 5474, 5533, 5567, 5568, 5602, 5605, 5606, 6115, 6264, 6501, 6538, 6961, 7178, 7502, 7503, 7822, 7893, 8020, 8487, 8924, 8939, 8956, 8959, 8960, 8967, 8972, 9004, 9015, 9202, 9472, 9496, 9500, 9508, 9513, 9589, 9646, 9660, 9678, 9738, 9739, 9740, 9744, 9779, 10020, 10021, 10026, 10047, 10089, 10090, 10093, 10100, 10105, 10106, 10119, 10304, 10374, 10389, 10553, 10557, 10617, 10620, 10681, 10693, 10869, 10876, 11057).

Response: 18.2-1: The EPA acknowledges commenters' support for the rule.


[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7178-7180]
[FR Doc No: 2019-03573]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0003; Notice 2]

Forest River, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: Forest River, Inc. (Forest River), has determined that certain
model year (MY) 2017-2018 Forest River buses and school buses do not
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
205, Glazing Materials. Forest River filed two separate noncompliance
reports, both dated November 30, 2017. Forest River then petitioned
NHTSA on December 12, 2017, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces the grant of this petition.

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Office of Vehicle
Safety Compliance, NHTSA, telephone<PHONE_NUMBER>, facsimile (202)
366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    Forest River has determined that certain MY 2017-2018 Forest River
buses and school buses do not fully comply with FMVSS No. 205, Glazing
Materials (49 CFR 571.205). Forest River filed two separate
noncompliance reports, both dated November 30, 2017, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Forest
River then petitioned NHTSA on December 12, 2017, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety.

II. Buses Involved

    Approximately 544 MY 2017-2018 Forest River school buses and
approximately 2,121 MY 2017-2018 Forest River buses, manufactured
between June 26, 2017, and November 10, 2017, are potentially involved.
The following Forest River buses are involved:

School Buses

 Starcraft Allstar XL, Quest XL and Prodigy

Buses

 Starcraft Allstar XL, Allstar, Starlite, XLT, Starquest, and
Allstar MVP
 StarTrans President, PS2, Senator, Senator II, Candidate, and
Candidate II
 Glaval Apollo, Commute, Concorde II, Entourage, Legacy,
Primetime, Sport, Titan II, Titan II LF and Universal
 Elkhart Coach ECII

III. Noncompliance

    Forest River explains that the noncompliance is that the subject
buses were equipped with curbside entry door glass that does not fully
comply with paragraph S6 of FMVSS No. 205. Specifically, the curbside
entry door glass has the AS3 glazing marking when it should have been
marked with the AS2 glazing marking.

IV. Rule Requirements

    Section S6 of FMVSS No. 205, titled ``Certification and Marking''
includes the requirements relevant to this petition:
     A prime glazing material manufacturer must certify, in
accordance with 49 U.S.C. 30115, each piece of glazing material to
which this standard applies is designed as:
    a. A component of any specific motor vehicle or camper; or
    b. To be cut into components for use in motor vehicles or items of
motor vehicle equipment.
     A prime glazing manufacturer certifies its glazing by
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in
letters and numerals of the same size, the symbol ``DOT'' and a
manufacturer's code mark that NHTSA assigns to the manufacturer.
     NHTSA will assign a code mark to a manufacturer after the
manufacturer submits a written request to the Office of Vehicle Safety
Compliance, National Highway Traffic Safety Administration. The request
must include the company name, address, and a statement from the
manufacturer certifying its status as a prime glazing manufacturer as
defined in paragraph S4.
     A manufacturer or distributor who cuts a section of
glazing material to which this standard applies, for use in a motor
vehicle or camper, must:
    a. Mark that material in accordance with section 7 of ANSI/SAE
Z26.1-1996; and
    b. Certify that its product complies with this standard in
accordance with 49 U.S.C. 30115.

V. Summary of Forest River's Petition

    Forest River described the subject noncompliance and stated its
belief that the noncompliance is inconsequential as it relates to motor
vehicle safety. In support of its petition, Forest River submitted the
following arguments:
    1. As an initial matter, the noncompliance does not present a
safety risk because it has no effect on the structure, performance, or
safety of the glass. That is, the noncompliance relates solely to the
glass' markings, specifically the use of the marking ``AS3,'' instead
of ``AS2.''
    2. The glass required for the subject buses and school buses must
meet the requirements of ANSI 26.1-1996 AS2. Forest River requested
that a sample of the glass be tested to ensure its compliance with all
applicable standards. The test results have affirmed that the glass
indeed meets ANSI 26.1-1996 AS2's requirements and is compliant for the
designed position in which it is applied.
    3. Forest River is enclosing copies of statements from the glass
manufacturer Cleer Vision, and test data confirming the glass'
compliance with ANSI and FMVSS No. 205's performance standards.
    4. Forest River stated that the agency has previously granted
numerous petitions for determinations of inconsequential noncompliance
in regard to FMVSS No. 205, including petitions involving mismarkings
similar to the instant matter. See the following recent examples:

    a. Mitsubishi Motors North America, Inc. Petition, 80 FR 72482
(November 19, 2015) (involving rear door windows marked with the
model number ``M66'' instead of the correct ``M131'');
    b. Custom Glass Solutions Upper Sandusky Corporation Petition,
79 FR 49833 (January 23, 2015) (involving laminated glass panes
mistakenly marked as ``tempered'' and with the incorrect
manufacturer's DOT number, model number, and manufacturer's
trademark).
    c. Mitsubishi Motors North America, Inc. Petition, 79 FR 49833
(August 22, 2014) (involving rear door windows marked with the model
number ``M13l'' instead of the correct ``M129'');
    d. General Motors LLC Petition, 79 FR 23402 (April 28, 2014)
(involving quarter windows marked as ``AS2'' instead of the correct
``AS3'').

    Forest River concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    Forest River's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and following the online search
instructions to locate the docket number listed in the title of this
notice.

VI. NHTSA's Analysis

    NHTSA has reviewed Forest River's petition and agrees with Forest
River that the subject noncompliance is inconsequential to motor
vehicle safety. The agency believes that the true measure of
inconsequentiality to motor vehicle safety in this case is that the
mismarking of the glazing material has no effect on the operational
safety of the subject buses. This noncompliance to the labeling
requirements in FMVSS No. 205 will have an inconsequential effect on
motor vehicle safety because:
    Forest River's petition included letters from Cleer Vision, stating
that the glass inadvertently marked AS3 does in fact meet all
requirements of AS2 certification including, but not limited to, the
visual light transmittance being 70 percent or greater. Cleer Vision
provided a Certificate of Conformity from Guardian Industries
certifying that the float glass products they manufacture comply with
applicable FMVSS specifications with respect to thickness, optics,
inclusions, and transmittance. Guardian Industries' provided data
showing the average visible light transmittance as 80.03 percent, thus
greater than the minimum 70 percent for AS2.
    ANSI Z26.1-1996 requires that all AS3 tempered glass pass the ball
impact test, fracture test, and the shot bag impact test. In addition
to AS3 tempered glass requirements, Forest River's AS2 tempered glass
must also meet the light stability, luminous transmittance, and
abrasion resistance requirements set forth in ANSI Z26.1-1996 for AS2
tempered glass. Since Forest River's petition focused largely on
luminous transmittance, NHTSA contacted Forest River requesting test
data confirming that the subject glass meets all the requirements set
forth in ANSI Z26.1-1996 for AS2 tempered glass.
    In response, Forest River provided a test report documenting the
results of testing to all of the requirements for AS2 tempered glass.
NHTSA reviewed Forest River's report and verified that the subject
glass meets the performance requirements set forth in ANSI Z26.1-1996
for AS2 tempered glass incorporated by reference in FMVSS No. 205.
    The agency contacted Forest River on April 2, 2018, asking Forest
River what they will do to ensure the

noncompliance does not happen again in the future. In response, Forest
River stated that they have implemented a triple verification process
between the supplier and Forest River to further prevent future
occurrences.

VII. NHTSA's Decision

    In consideration of the foregoing analysis, NHTSA has decided that
Forest River has met its burden of persuasion that the FMVSS No. 205
noncompliance is inconsequential to motor vehicle safety. Accordingly,
Forest River's petition is hereby granted and Forest River is exempted
from the obligation of providing notification of, and a remedy for, the
subject noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject buses that Forest River no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant buses under their control after Forest
River notified them that the subject noncompliance existed.

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

Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-03573 Filed 2-28-19; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7776-7777]
[FR Doc No: 2022-02805]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0043; Airspace Docket No. 22-ACE-2]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Emmetsburg, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at
Emmetsburg, IA. The FAA is proposing this action as the result of an
airspace review caused by the decommissioning of the Emmetsburg non-
directional beacon (NDB). The geographic coordinates of the airport
would also be updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before March 28, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0043/Airspace Docket No. 22-ACE-2 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Emmetsburg Municipal Airport, Emmetsburg, IA, to
support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in

triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-0043/
Airspace Docket No. 22-ACE-2.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface at
Emmetsburg Municipal Airport, Emmetsburg, IA, by removing the
Emmetsburg NDB and associated extension from the airspace legal
description; and updating the geographic coordinates of the airport to
coincide with the FAA's aeronautical database.
    This action is necessary due to an airspace review caused by the
decommissioning of the Emmetsburg NDB which provided navigation
information for the instrument procedures this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designation listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

ACE IA E5 Emmetsburg, IA [Amended]

Emmetsburg Municipal Airport, IA
    (Lat. 43[deg]06'07'' N, long. 94[deg]42'16'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Emmetsburg Municipal Airport, and within
3.8 miles each side of the 316[deg] bearing from the airport
extending from the 6.5-mile radius to 10.3 miles northwest of the
airport.

    Issued in Fort Worth, Texas, on February 7, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-02805 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Page 76197]
[FR Doc No: 2023-24465]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15293-001]

Nature and People First New Mexico PHS, LLC; Notice of
Preliminary Permit Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Competing Applications

    On July 12, 2023, Nature and People First New Mexico PHS, LLC,
filed an application for a preliminary permit, pursuant to section 4(f)
of the Federal Power Act (FPA), proposing to study the feasibility of
the Chuska Mountain Pumped Storage Project to be located in San Juan
and McKinley Counties, New Mexico, near the San Juan River, and
approximately 5.6 miles west of the town of Two Grey Hills on Navajo
Nation Lands. The sole purpose of a preliminary permit is to grant the
permit holder priority to file a license application during the permit
term. A preliminary permit does not authorize the permit holder to
perform any land-disturbing activities or otherwise enter upon lands or
waters owned by others without the owners' express permission.
    The pumped storage hydropower project would consist of all new
facilities including: (1) Upper Reservoir North with a surface area of
15,800 acres and a storage volume of 500,000 acre-feet at a maximum
water surface elevation (WSE) of 8,810 above mean sea level (msl); (2)
Upper Reservoir Center with a surface area of 7,400 acres and a storage
volume of 235,000 acre-feet at a maximum WSE of 8,810 feet msl; (3)
Upper Reservoir South with a surface area of 16,300 acres and a storage
volume of 510,000 acre-feet at a maximum WSE of 8,810 feet msl; (4)
Lower Reservoir North 1 with a surface area of 9,000 acres and a
storage volume of 385,000 acre-feet at a maximum WSE of 6,010 feet msl;
(5) Lower Reservoir North 2 with a surface area of 2,700 acres and a
storage volume of 115,000 acre-feet at a maximum WSE of 6,010 feet msl;
(6) Lower Reservoir Center with a surface area of 2,900 acres and a
storage volume of 235,000 acre-feet at a maximum WSE of 6,010 feet msl;
(7) Lower Reservoir South with a surface area of 3,200 acres and a
storage volume of 510,000 acre-feet at a maximum WSE of 6,010 feet msl;
(8) a 30-foot-wide and 39,800-foot-long concrete-lined power conduit
tunnel to North Powerhouse 1; (9) a 60-foot-wide, 700-foot-long, and
100-foot high subterranean North Powerhouse 1 with seven pump/turbines
each rated at 250 megawatts (MW); (10) seven 12-foot-wide and 1,000-
foot-long concrete lined North Powerhouse 1 conduit tunnels discharging
into Lower Reservoir North 1; (11) a 30-foot-wide and 19,800-foot-long
concrete-lined power conduit to Powerhouse 2; (12) a 60-foot-wide, 700-
foot-long, and 100-foot-high subterranean North Powerhouse 2 with seven
pump/turbines each rated at 250 MW; (13) seven 12-foot-wide and 1,000-
foot-long concrete lined North Powerhouse 2 conduit tunnels discharging
into Lower Reservoir North 2; (14) a 30-foot-wide and 43,300-foot-long
concrete-lined tunnel power conduit to the Center Powerhouse; (15) a
60-foot-wide, 700-foot-long, and 100-foot-high subterranean Center
Powerhouse with seven pump/turbines each rated at 250 MW; (16) seven
12-foot-wide and 1,000-foot-long concrete lined North Powerhouse 1
conduit tunnels discharging into Lower Reservoir Center; (17) a 45-
foot-wide and 30,300-foot-long concrete lined tunnel to the South
Powerhouse; (18) a 60-foot-wide, 1,400-foot-long, and 100-foot-high
subterranean South Powerhouse with 15 pump/turbines each rated at 250
MW; (19) fifteen 12-foot-wide, 1,000-foot-long concrete-lined tunnels
discharging into Lower Reservoir South; and (20) approximately 100
miles of 345-kilovolt transmission lines for interconnection to the
existing Shiprock, San Juan, and Four Corners substations. The
estimated annual energy production of the project would be
approximately 19,710,000 megawatt hours.
    Applicant Contact: Mr. Denis Payre, Nature and People First New
Mexico PHS, LLC, 405 Waltham St., Suite 145, Lexington, MA 02421;
email: [email protected]; phone:<PHONE_NUMBER>.
    FERC Contact: Shannon Archuleta; email: [email protected];
phone<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members, and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with filings such as interventions,
comments, or requests for rehearing, the public is encouraged to
contact OPP at<PHONE_NUMBER> or [email protected]. Comments, motions to
intervene, competing applications (without notices of intent), or
notices of intent to file competing applications should be submitted
within 60 days from the issuance of this notice. Competing applications
and notices of intent must meet the requirements of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/FERC.aspx. Commenters can submit brief comments up
to 6,000 characters without prior registration using the eComment
system at https://ferconline..gov/QuickComment.aspx. You must include
your name and contact information at the end of your comments. For
assistance, please get in touch with FERC Online Support at
[email protected],<PHONE_NUMBER> (toll-free), or (202) 502-
8659 (TTY). Instead of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-15293-001.
    More information about this project, including a copy of the
application, can be viewed on the Commission's website (http://www.ferc.gov) using the ``eLibrary'' link. Enter the docket number (P-
15293) in the docket number field to access the document. For
assistance, do not hesitate to get in touch with FERC Online Support.

    Dated: October 31, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-24465 Filed 11-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 28, 2005 (Volume 70, Number 208)]
[Notices]
[Page 62130]
[DOCID:fr28oc05-58]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1606-DR]

Texas; Amendment No. 6 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Texas (FEMA-1606-DR), dated September 24, 2005, and related
determinations.

EFFECTIVE DATE: October 14, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective October 14, 2005.

(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 Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050
Individuals and Households Program--Other Needs, 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-21503 Filed 10-27-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Proposed Rules]
[Pages 68644-68647]
[FR Doc No: 2022-24840]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1152; Project Identifier MCAI-2022-00260-T]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain BAE Systems (Operations) Limited Model Avro 146-RJ series
airplanes. This proposed AD was prompted by a report that certain
inertial reference units (IRUs) have out-of-date magnetic variation
(MagVar) tables. This proposed AD would require assessing the values
between the MagVar tables of the affected IRUs and the most recently
published MagVar data tables, and corrective actions if necessary. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by January 3,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; internet baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1152; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone:<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1152; Project Identifier
MCAI-2022-00260-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider

all comments received by the closing date and may amend the proposal
because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Todd
Thompson, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone:<PHONE_NUMBER>; email [email protected]. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority
for the United Kingdom, has issued CAA AD G-2022-0005, dated February
24, 2022 (CAA AD G 2022-0005) (also referred to after this as the
MCAI), to correct an unsafe condition for Model AVRO 146-RJ airplanes
equipped with Honeywell Inertial Reference Unit part number (P/N)
HG2001BC02 or P/N HG2001BC04. You may examine the MCAI in the AD docket
at regulations.gov by searching for and locating Docket No. FAA-2022-
1152.
    This proposed AD was prompted by a report that Honeywell IRUs, P/N
HG2001BC02 and P/N HG2001BC04, have out-of-date MagVar tables. The
navigation system for Model Avro 146-RJ series airplanes has an
inertial reference system (IRS) that uses true north to calculate
magnetic heading and track. The IRS includes IRUs with MagVar data
tables that correct the heading/track for the effects of magnetic
variation. Due to the change in the location of magnetic north over
time, the level of IRS accuracy diminishes in certain geographical
locations if an IRU's MagVar data table is not kept up to date with
current WMM MagVar data tables. Consequently, certain airplanes may
have IRUs with MagVar tables that are out of date, which can lead to
inaccurate heading, course, and bearing calculations.
    The FAA is proposing this AD to address IRUs having outdated MagVar
data tables, which could lead to inaccurate IRS calculations, possibly
resulting in increased risk of controlled flight into terrain, or
collision with another airplane and injury to occupants. See the MCAI
for additional background information.

Related Service Information Under 1 CFR Part 51

    BAE Systems has issued All Operator Message 21-011V-1, Issue 1,
dated September 27, 2021. This service information describes, among
other actions, procedures for assessing the accuracy of an affected
IRU's MagVar data table when compared to the existing WMM MagVar data
tables, and corrective actions if the MagVar is greater than 2 degrees.
The corrective actions include either updating an affected IRU's MagVar
data tables, or operating an airplane only if the terrain awareness
warning system (TAWS) and traffic collision avoidance system (TCAS) are
installed and operative and revising the operator's FAA-approved
minimum equipment list (MEL) to prohibit dispatch unless both TAWS and
TCAS are installed and operative. BAE Systems All Operator Message 21-
011V-1, Issue 1, dated September 27, 2021, also specifies that updating
the data tables would terminate the MEL prohibition provided the
airplane has operative TAWS and TCAS.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    CAA AD G-2022-0005 requires operators to provide ``information for
flight crew'' regarding procedures for operating in areas with known or
suspected significant magnetic variation and a means for flight crews
to report other suspected affected locations.'' However, this proposed
AD would not specifically require those actions as they are already
required by FAA 14 CFR part 91 regulations.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 10 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85................................              $0             $85            $850
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

BAE Systems (Operations) Limited: Docket No. FAA-2022-1152; Project
Identifier MCAI-2022-00260-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE Systems (Operations) Limited Model Avro
146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any
category, equipped with Honeywell inertial reference unit (IRU) part
number (P/N) HG2001BC02 or P/N HG2001BC04.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that certain IRUs have out-of-
date magnetic variation (MagVar) tables. The FAA is issuing this AD
to address IRUs having outdated MagVar lookup tables, which could
lead to inaccurate inertial reference system calculations, possibly
resulting in increased risk of controlled flight into terrain, or
collision with another airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Definitions

    For the purpose of this AD, the following definitions apply:
    (1) Affected IRU: A Honeywell IRU having P/N HG2001BC02 using a
MagVar lookup table from 1990, or P/N HG2001BC04 using a MagVar
lookup table from 1995.
    (2) WMM: World Magnetic Model, which is the standard model for
navigation, altitude, and heading referencing systems using the
geomagnetic field. The WMM is produced at 5-year intervals. The
existing WMM as of November 16, 2022 was released December 10, 2019.

(h) Magnetic Variation Assessment

    Within 3 months after the effective date of this AD, and
thereafter at intervals not to exceed 5 years, assess the accuracy
of an affected IRU's MagVar data table, in accordance with the
Recommendations of BAE Systems All Operator Message 21-011V-1, Issue
1, dated September 27, 2021.
    (1) If the difference between an affected IRU's MagVar data
table and the existing WMM MagVar data tables is less than or equal
to 2 degrees for the routes that the airplane may operate, no
further action is required until the assessment is repeated, as
required by the introductory text to paragraph (h) of this AD.
    (2) If the difference between an affected IRU's MagVar data
table and the existing WMM MagVar data tables is greater than 2
degrees for the routes that the airplane may operate: Do the actions
required by paragraph (h)(2)(i) or (ii) of this AD.
    (i) Within three months after the effective date of this AD or
before further flight after the assessment in the introductory text
to paragraph (h) of this AD, whichever occurs later: Update the
airplane's affected IRU MagVar data tables in accordance with the
Recommendations of BAE Systems All Operator Message 21-011V-1, Issue
1, dated September 27, 2021.
    (ii) Comply with the provisions specified in, and at the times
specified in, paragraphs (h)(2)(ii)(A) and (B) of this AD.
    (A) Further flight is prohibited in areas where the difference
between the installed and the existing WMM MagVar values exceeds the
2 degree tolerance unless both terrain awareness warning system
(TAWS) and traffic collision avoidance system (TCAS) are installed
and operative.
    (B) Before further flight, revise the operator's existing FAA-
approved minimum equipment list (MEL) to prohibit dispatch unless
both TAWS and TCAS are installed and operative.
    (3) If an affected IRU's MagVar data table cannot be determined,
follow the procedures specified in the Recommendations of BAE
Systems All Operator Message 21-011V-1, Issue 1, dated September 27,
2021.
    (4) This AD does not require operators to provide flightcrews
with certain operating procedures as those actions are already
required by existing FAA operating regulations.

(i) Terminating Action for MEL Prohibition

    Updating both affected IRUs, as specified in paragraph (h)(2)(i)
of this AD, terminates the MEL prohibition specified in paragraph
(h)(2)(ii)(B) of this AD, provided both TAWS and TCAS are installed
and operative.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain instructions from
a

manufacturer, the instructions must be accomplished using a method
approved by the Manager, Large Aircraft Section, International
Validation Branch, FAA; or the UK CAA; or BAE Systems (Operations)
Limited's UK CAA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) CAA AD G-2022-0005, dated February 24, 2022, for related
information. This MCAI may be found in the AD docket on the internet
at regulations.gov by searching for and locating Docket No. FAA-
2022-1152.
    (2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3228; email [email protected].
    (3) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; internet baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24840 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P