[Federal Register: September 26, 2008 (Volume 73, Number 188)]
[Rules and Regulations]
[Page 55723-55726]
[DOCID:fr26se08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2006-26192; Airspace Docket No. 06-ASO-11]
RIN 2120-AA66

Modification and Establishment of Restricted Areas and Other
Special Use Airspace, Adirondack Airspace Complex; Fort Drum, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action restructures the restricted areas and other
special use airspace (SUA) located in the vicinity of Fort Drum, NY.
The Air National Guard (ANG) requested redesign of existing restricted
airspace R-5201, known as the Adirondack Airspace Complex, by
establishing two new restricted areas: R-5202A and R-5202B, and by
restructuring the military operations areas (MOA) contained in the
Adirondack Airspace Complex. Unlike restricted areas, which are
designated under 14 CFR part 73, MOAs are not rulemaking airspace
actions. However, since these MOAs form an integral part of the
Adirondack Airspace Complex, the FAA is including a description of the
associated MOA changes in this rule. The MOA changes described here
will also be published in the National Flight Data Digest (NFDD). The
ANG requested these airspace changes to provide the additional SUA
needed to conduct more realistic aircrew training in the Adirondack
Airspace Complex.

DATES: Effective Date: 0901 UTC, November 20, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2007, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to redesign the SUA in the vicinity of
Fort Drum, NY (72 FR 31211). Interested parties were invited to
participate in this rulemaking proceeding by submitting written
comments on the proposal to the FAA. Seven responses were received.

Discussion of Comments

    The Aircraft Owners and Pilots Association (AOPA) opposed the
proposed Adirondack Airspace Complex modifications for several reasons.
AOPA questioned the need for two nearly identical SUA expansions being
developed within 150 nautical miles (NM) of one another (i.e.,
Adirondack Airspace Complex, NY and Condor MOA, ME). AOPA contended
that expanding both Adirondack and Condor would result in redundant SUA
and would not be efficient use of the National Airspace System (NAS).
    FAA Response: Many factors are considered in the development of SUA
proposals including, but not limited to, distance of the proposed SUA
from the user's base, number of users to be accommodated and training
capacity of the area. Ideally, MOAs should be located within 100 NM of
the users' home base. However, this is often not possible due to other
requirements of the NAS. The greater the distance from the launch base
to the SUA, the more transit time is required, which results in less
training time available per sortie and increased training costs per
sortie. The main distinction between the Adirondack and Condor SUA is
the existence of restricted airspace at Fort Drum, NY. No restricted
airspace is available at Condor; therefore, no hazardous activities may
be conducted in that airspace. Use of the Condor airspace is limited to
air-to-air tactics training, basic flight maneuvers, etc. The
Adirondack Airspace Complex is used by as many as eight fighter wings
for training in air-to-air tactics, and air-to-ground weapons delivery,
lasers, etc. In addition, Fort Drum is the home of the U.S. Army's 10th
Mountain Division and the restricted areas are extensively used for
surface-based weapons training (e.g., artillery and mortar firing,
missiles, etc.) by U.S. Army and National Guard units. The 174th FW at
Syracuse, NY, is both the proponent and one of the primary users of the
Adirondack Airspace Complex. The distance from Syracuse to Adirondack
is about 72 NM and about 274 NM from Syracuse to the Condor airspace.
While the 174th FW could conceivably use Condor for its air-to-air
training, that would add some 400 NM travel distance--about one hour
flying time--to the sortie and severely limit available training time.
In addition, some training profiles combine both air-to-air and air-to-
ground events in the same sortie making it more efficient to conduct
the entire sortie in the Adirondack airspace. At this time, the Condor
MOA proposal is still under study and it must be analyzed and evaluated
on its own merit.
    Additionally, AOPA stated its opposition to use of the ``Dynamic
Airspace concept'' for airspace management as it has yet to be
developed and defined.
    FAA Response: The ``Dynamic Airspace concept'' was not addressed in
the NPRM and is not an FAA-recognized term. The NPRM did indicate that
one feature of the proposed airspace changes was to enable more
efficient real-time use of the airspace. It is FAA policy that all SUA
areas be activated on a real-time use basis to the extent possible.
This means that only those SUA areas, or portions of areas, that are
actually needed for the mission are activated, and users are expected
to return the airspace to the controlling agency when not needed for
the mission. Real-time use provisions are normally specified in a
letter of agreement to allow the controlling agency to place temporary
restrictions or altitude limitations on the use of the SUA, if
required, so that nonparticipating aircraft can transit the SUA area.
These provisions would be

applied based on traffic conditions at the time.
    AOPA recommended that the FAA require a charted radio frequency and
telephone number for all new SUA proposals to enable pilots to obtain
real-time status information about the airspace. AOPA said that other
military units, including the ANG's Volk Field in Wisconsin, have
successfully implemented charted frequencies and phone numbers.
    FAA Response: The FAA agrees with the use of charted frequencies
and phone numbers where the capabilities exist. The Volk Field Combat
Readiness Training Center is an advanced operation with multiple radar
feeds into their facility and a dedicated VHF radio frequency for
disseminating SUA information. Unfortunately, the Adirondack Airspace
Complex proponent does not have the same capabilities as Volk Field.
There is no military radar coverage and no dedicated radio frequency
located at the ANG facility on Fort Drum to provide those services.
However, Boston Air Route Traffic Control Center (ARTCC), which is the
controlling agency for all Adirondack SUA except the Drum MOA and
Wheeler-Sack Approach Control (Drum MOA controlling agency), will be
able to provide real-time status for the airspace. Additionally, the
Eastern Air Defense Sector (EADS), as the scheduling agency for all of
the airspace, has agreed to provide a phone number for SUA scheduling
information (1-800-223-5612, Prompt 3).
    AOPA also recommended that the managing unit for the Adirondack
Airspace Complex be required to use the FAA's Military Airspace Data
Entry (MADE) SUA scheduling system to ensure that SUA information is
available to Automated Flight Service Stations and other agencies.
    FAA Response: EADS, the airspace scheduling agency, supports this
process and plans to use MADE to the maximum extent possible.
    Two commenters objected to the proposal based on the impact on
flights between the areas to the south and west of the Adirondack
Airspace Complex MOAs and towns in northern New York, such as Saranac
Lake and Lake Placid. One commenter was concerned that a convenient VOR
Federal airway would be eliminated. Another stated that, on Instrument
Flight Rules (IFR) flights when using GPS for point-to-point direct
navigation, about 50% of the time, he is vectored off the direct
routing and sent to V-196. Both individuals feared that the expanded
MOAs would result in flights being forced further east and directly
over the highest mountain peaks where the minimum en route altitude is
10,000 feet mean sea level (MSL). This would result in increased costs
in both fuel and time and also decrease flight safety by placing the
aircraft over inhospitable terrain and in an area where the worst icing
is encountered. Further, the commenter doubted that the proposal to
open parts of the MOAs for transit by civil aircraft would not be
realized due to controller staffing and workload issues.
    FAA Response: The FAA acknowledges that the proposed new MOAs may
have some impact on Visual Flight Rules and IFR traffic flying
southwest/northeast through the region. However, several mitigations
were incorporated to minimize the impacts. To better facilitate real-
time use of the airspace, the proposed Tupper North airspace has been
further spilt into two MOAs: the Tupper West and Tupper Central (the
proposed Tupper North designation will not be used). The Tupper West
MOA lies directly over the Cranberry MOA (Note: Cranberry extends from
500 feet above ground level (AGL) to but not including 6,000 feet MSL).
The Tupper Central MOA consists of the remainder of what was proposed
as the Tupper North MOA. This new configuration will provide greater
flexibility in accommodating both military activity and civil traffic
in the area. Additionally, the letter of agreement with the using
agency will provide Boston ARTCC the option to adjust the MOA floor as
required to allow civil aircraft to traverse the Tupper MOA airspace.
Despite the MOA expansions, Federal airway V-196 will remain a viable
means for transiting the area.
    One commenter, who flies an amphibian float plane between
Rochester, NY, and the Thousand Island region of New York State, wrote
with concerns about the impact of the airspace changes on the use of
Maxson Field (89N) and Crystal Lake, within the Drum MOA. The commenter
had similar concerns about the MOAs being too close to Piseco Airport
(K09) and the Adirondack Regional Airport, Saranac Lake (SLK). The
commenter cited the Adirondack D MOA as being too low and too close to
Maxson and Crystal Lake and suggested that, instead of beginning at 500
feet AGL, the MOA should be raised to at least 2,000 feet AGL.
    FAA Response: Currently, the closest MOA to Maxson Field is the
Drum 1 MOA, which extends from 500 AGL to 5,000 feet MSL. The western
boundary of the existing Drum 1 MOA lies about 2 \1/2\ NM east of the
airport. With the airspace changes, the Drum 1 MOA is being reduced in
size and renamed the Drum MOA. The new Drum MOA boundary will be moved
further eastward increasing the distance from Maxson Field to about 5
NM, thereby reducing impacts on the airport. Although the commenter
identified the new Adirondack D MOA as impacting Maxson Field and
Crystal Lake, we believe the commenter meant Drum MOA. The Adirondack D
MOA lies east of, and adjacent to, the new Drum MOA and extends upward
from 5,000 feet MSL up to but not including Flight Level (FL) 180.
Regarding the concerns about the proximity of the MOAs to the Piseco
and Saranac Lake airports, the Piseco airport is located about 2 NM
south of the Tupper South MOA boundary. The floor of the Tupper South
MOA will vary seasonally ranging from 6,000 feet MSL during November
through April, to 8,000 feet MSL during May through October. Although
the new MOA does extend into close proximity to Piseco Field, with its
field elevation of 1,703 feet MSL, ample airspace should be available
for traffic patterns and airport arrivals and departures. The
Adirondack Regional Airport is located directly under the eastern
boundary of the new Tupper East MOA. The Tupper East MOA, with a floor
of 10,000 feet MSL, was specifically designed as a separate area in
order to minimize impacts to the Adirondack Regional Airport. While the
published floor of the Tupper East MOA will remain at 10,000 feet MSL
to accommodate the mission when needed, the proponent has agreed that
Boston ARTCC will routinely limit MOA users to a 12,000 foot floor.
This will further minimize impacts on civil traffic in the Saranac Lake
area. If the military mission requires a lower altitude, pilots will
request the 10,000 foot floor on a real-time basis. Boston ARTCC will
have the option to approve the request if traffic permits.
    Comments were also received from the Adirondack Mountain Club, The
Adirondack Council, and the Adirondack Park Agency. These organizations
expressed support for the various mitigations included in the proposal
for environmental and cultural impacts, but also noted general concerns
about the impacts of low level flights and noise. However, no
significant noise impacts are expected as a result of these airspace
changes. Generally, noise levels are expected to remain consistent with
existing levels, or be less across the complex.

Adirondack Airspace Complex MOAs

    MOAs are non-rulemaking airspace actions that are established

administratively and published in the NFDD. Since they are an integral
part of the Adirondack Airspace Complex, the MOA changes were described
in the NPRM and are included in this rule for information purposes.
    The ANG requested the MOA modifications to improve flight safety;
enable more efficient real-time, joint-use management of the airspace;
lessen or balance environmental impacts of the current MOA
configuration; and permit more realistic aircrew training in the
Adirondack Airspace Complex. Most of the redesigned MOAs are contained
within airspace that is already designated as MOA. However, these
modifications do encompass some additional airspace, both laterally and
vertically, outside the current MOA boundaries to the east and south of
the currently charted MOAs.
    There are several changes to the descriptions of the MOAs from
those contained in the proposal. As discussed above, the proposed
Tupper North MOA is further subdivided into the Tupper West and Tupper
Central. The Tupper North title will not be used. This change enhances
the real-time use of airspace and provides air traffic control with
additional airspace management options. The northern boundary of the
Cranberry MOA is moved south by \1/2\ NM to avoid conflict with
protected airspace for instrument procedures at Massena International
Airport--Richards Field, NY. One common point that is shared in the
descriptions of the Adirondack B, Adirondack D and Drum MOAs was listed
differently in the proposed descriptions and is corrected to lat.
44[deg]19'00'' N., long. 75[deg]37'05'' W. The controlling agency for
all of the Adirondack airspace, except the Drum MOA, is Boston ARTCC.
The controlling agency for the Drum MOA is Wheeler-Sack Approach
Control. The using agency for all of the MOAs is the New York ANG,
174th Fighter Wing, Detachment 1, Fort Drum, NY.
    In consideration of the above, the nine existing MOAs in the
Adirondack Airspace Complex (i.e., Drum 1 MOA, Drum 2 MOA, Falcon 1
MOA, Falcon 3 MOA, Syracuse 1 MOA, Syracuse 2A MOA, Syracuse 2B MOA,
Syracuse 3 MOA, and Syracuse 4 MOA), are cancelled and are replaced by
13 new MOAs as follows:

1. Adirondack A MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]30'00'' N., long.
75[deg]20'00'' W.; to lat. 44[deg]36'00'' N., long. 75[deg]03'00''
W.; to lat. 44[deg]30'00'' N., long. 75[deg]03'00'' W.; to the point
of beginning.
    Altitudes. 6,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

2. Adirondack B MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]19'00'' N., long.
75[deg]37'05'' W.; to lat. 44[deg]26'30'' N., long. 75[deg]30'00''
W.; to lat. 44[deg]30'00'' N., long. 75[deg]20'00'' W.; to lat.
44[deg]30'00'' N., long. 75[deg]03'00'' W.; to lat. 44[deg]27'30''
N., long. 75[deg]03'00'' W.; to lat. 44[deg]20'20'' N., long.
75[deg]10'30'' W.; to lat. 44[deg]15'09'' N., long. 75[deg]30'42''
W.; to lat. 44[deg]16'07'' N., long. 75[deg]32'41'' W.; to the point
of beginning; excluding R-5202B when active.
    Altitudes. 2,500 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

3. Adirondack C MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]15'09'' N., long.
75[deg]30'42'' W.; to lat. 44[deg]20'20'' N., long. 75[deg]10'30''
W.; to lat. 44[deg]27'30'' N., long. 75[deg]03'00'' W.; to lat.
44[deg]06'00'' N., long. 75[deg]03'00'' W.; to lat. 44[deg]06'00''
N., long. 75[deg]28'49'' W.; to lat. 44[deg]07'10'' N., long.
75[deg]26'49'' W.; to lat. 44[deg]11'24'' N., long. 75[deg]22'59''
W.; to the point of beginning; excluding R-5202B when active.
    Altitudes. 100 feet AGL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

4. Adirondack D MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]11'50'' N., long.
75[deg]43'53'' W.; to lat. 44[deg]19'00'' N., long. 75[deg]37'05''
W.; to lat. 44[deg]16'07'' N., long. 75[deg]32'41'' W.; to lat.
44[deg]10'50'' N., long. 75[deg]38'59'' W.; to lat. 44[deg]09'34''
N., long. 75[deg]40'00'' W.; to the point of beginning; excluding R-
5202B when active.
    Altitudes. 5,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

5. Carthage East MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]01'05'' N., long.
75[deg]37'14'' W.; to lat. 44[deg]06'00'' N., long. 75[deg]28'49''
W.; to lat. 44[deg]06'00'' N., long. 75[deg]03'00'' W.; to lat.
43[deg]53'00'' N., long. 75[deg]03'00'' W.; to lat. 43[deg]53'00''
N., long. 75[deg]35'00'' W.; to the point of beginning.
    Altitudes. 100 feet AGL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

6. Carthage West MOA, NY [New]

    Boundaries. Beginning at lat. 43[deg]44'00'' N., long.
75[deg]52'00'' W.; to lat. 44[deg]11'50'' N., long. 75[deg]43'53''
W.; to lat. 44[deg]09'34'' N., long. 75[deg]40'00'' W.; to lat.
44[deg]06'55'' N., long. 75[deg]42'09'' W.; to lat. 44[deg]03'20''
N., long. 75[deg]40'49'' W.; to lat. 44[deg]01'05'' N., long.
75[deg]37'14'' W.; to lat. 43[deg]53'00'' N., long. 75[deg]35'00''
W.; to the point of beginning.
    Altitudes. 6,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

7. Cranberry MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]35'30'' N., long.
75[deg]03'00'' W.; to lat. 44[deg]36'00'' N., long. 75[deg]00'00''
W.; to lat. 44[deg]36'00'' N., long. 74[deg]35'00'' W.; to lat.
44[deg]15'00'' N., long. 74[deg]35'00'' W.; to lat. 43[deg]53'00''
N., long. 75[deg]03'00'' W.; to the point of beginning.
    Altitudes. 500 feet AGL to but not including 6,000 feet MSL.
    Times of use. November 1-April 30: 0800-2200 Monday-Friday;
other times by NOTAM; May 1-October 31: Area closed.

8. Drum MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]14'49'' N., long.
75[deg]49'00'' W.; to lat. 44[deg]19'00'' N., long. 75[deg]44'30''
W.; to lat. 44[deg]19'00'' N., long. 75[deg]37'05'' W.; to lat.
44[deg]16'07'' N., long. 75[deg]32'41'' W.; to lat. 44[deg]10'50''
N., long. 75[deg]38'59'' W.; to lat. 44[deg]09'34'' N., long.
75[deg]40'00'' W.; to the point of beginning.
    Altitudes. 500 feet AGL to but not including 5,000 feet MSL.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

9. Lowville MOA, NY [New]

    Boundaries. Beginning at lat. 43[deg]44'00'' N., long.
75[deg]52'00'' W.; to lat. 43[deg]53'00'' N., long. 75[deg]35'00''
W.; to lat. 43[deg]53'00'' N., long. 75[deg]03'00'' W.; to lat.
43[deg]30'00'' N., long. 75[deg]03'00'' W.; to lat. 43[deg]30'00''
N., long. 75[deg]52'00'' W.; to the point of beginning.
    Altitudes. 100 feet AGL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM. [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][EXTRACT][P]*[/P]

10. Tupper West MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]36'00'' N., long.
75[deg]03'00'' W.; to lat. 44[deg]36'00'' N., long. 74[deg]35'00''
W.; to lat. 44[deg]15'00'' N., long. 74[deg]35'00'' W.; to lat.
43[deg]53'00'' N., long. 75[deg]03'00'' W.; to the point of
beginning.
    Altitudes. May 1-October 31: 8,000 feet MSL to but not including
FL 180; November 1-April 30: 6,000 feet MSL to but not including FL
180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

11. Tupper Central MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]36'00'' N., long.
74[deg]35'00'' W.; to lat. 44[deg]36'00'' N., long. 74[deg]21'00''
W.; to lat. 44[deg]14'00'' N., long. 74[deg]21'00'' W.; to lat.
44[deg]06'00'' N., long. 74[deg]12'00'' W.; to lat. 43[deg]53'00''
N., long. 74[deg]12'00'' W.; to lat. 43[deg]53'00'' N., long.
75[deg]03'00'' W.; to lat. 44[deg]15'00'' N., long. 74[deg]35'00''
W.; to the point of beginning.
    Altitudes. May 1-October 31: 8,000 feet MSL to but not including
FL 180; November

1-April 30: 6,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

12. Tupper South MOA, NY [New]

    Boundaries. Beginning at lat. 43[deg]53'00'' N., long.
75[deg]03'00'' W.; to lat. 43[deg]53'00'' N., long. 74[deg]12'00''
W.; to lat. 43[deg]40'00'' N., long. 74[deg]12'00'' W.; to lat.
43[deg]30'00'' N., long. 74[deg]21'00'' W.; to lat. 43[deg]30'00''
N., long. 75[deg]03'00'' W.; to the point of beginning.
    Altitudes. May 1-October 31: 8,000 feet MSL to but not including
FL 180; November 1-April 30: 6,000 feet MSL to but not including FL
180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

13. Tupper East MOA, NY [New]

    Boundaries. Beginning at lat. 44[deg]36'00'' N., long.
74[deg]21'00'' W.; to lat. 44[deg]36'00'' N., long. 74[deg]12'00''
W.; to lat. 44[deg]06'00'' N., long. 74[deg]12'00'' W.; to lat.
44[deg]14'00'' N., long. 74[deg]21'00'' W.; to the point of
beginning.
    Altitudes. 10,000 feet MSL to but not including FL 180.
    Times of use. May 1-August 31: 0800-1700 Monday-Friday; other
times by NOTAM. September 1-April 30: 0800-2200 Monday-Friday; other
times by NOTAM.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 73 to establish two new restricted areas, R-5202A and R-5202B, in
the vicinity of Fort Drum, NY. The new restricted areas supplement the
existing restricted area, R-5201, to enable aircrews to train in high
altitude, long range weapons delivery and other modern tactics at the
Adirondack Range. In the NPRM, the FAA also proposed to change the
designated altitudes of R-5201 from ``Surface to 23,000 feet MSL,'' to
``Surface to but not including 23,000 feet MSL.'' After further
discussions between the controlling agency and the proponent, it was
determined that this change is not needed; therefore, R-5201 will not
be modified as proposed. As a result, the proposed FL 230 base altitude
of the new restricted area, R-5202A, which overlies R-5201, is changed
to 23,000 feet MSL to be consistent with the ceiling of R-5201. In
addition, the NPRM contained an incorrect date in the time of
designation for R-5202A and R-5202B. The portion of the time of
designation stated in the NPRM as ``May 1-August 21'' should read ``May
1-August 31.'' The correct dates are included in this rule. Except as
noted above, the restricted area descriptions are the same as proposed
in the NPRM.
    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.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (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, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    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 the
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 modifies special use airspace in New York.

Environmental Review

    The FAA has determined that the Final Environmental Assessment
(FEA) prepared by the Air National Guard associated with the proposed
project is adequate for adoption in accordance with FAA Order 1050.1E,
``Environmental Impacts: Policies and Procedures,'' Paragraph 404d. The
FAA has independently evaluated the information contained in the FEA
and takes full responsibility for the scope and content that addresses
FAA actions. Further, the FAA has issued its own Finding of No
Significant Impact.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.52  [Amended]

0
2. Sec.  73.52 is amended as follows:
* * * * *

R-5202A Fort Drum, NY [New]

    Boundaries. Beginning at lat. 44[deg]01'05'' N., long.
75[deg]37'14'' W.; to lat. 44[deg]03'20'' N., long. 75[deg]40'49''
W.; to lat. 44[deg]06'55'' N., long. 75[deg]42'09'' W.; to lat.
44[deg]10'50'' N., long. 75[deg]38'59'' W.; to lat. 44[deg]16'07''
N., long. 75[deg]32'41'' W.; to lat. 44[deg]11'24'' N., long.
75[deg]22'59'' W.; to lat. 44[deg]07'10'' N., long. 75[deg]26'49''
W.; to the point of beginning.
    Designated altitudes. 23,000 feet MSL to FL 290.
    Time of designation. May 1-August 31: 0800-1700 local time,
Monday-Friday; other times by NOTAM. September 1-April 30: 0800-2200
local time, Monday-Friday; other times by NOTAM.
    Controlling agency. FAA, Boston ARTCC.
    Using agency. NY ANG, 174FW/Det 1, Fort Drum, NY.
* * * * *

R-5202B Fort Drum, NY [New]

    Boundaries. Beginning at lat. 44[deg]10'18'' N., long.
75[deg]41'18'' W.; to lat. 44[deg]20'32'' N., long. 75[deg]32'04''
W.; to lat. 44[deg]14'00'' N., long. 75[deg]17'00'' W.; to lat.
44[deg]06'00'' N., long. 75[deg]25'10'' W.; to lat. 44[deg]06'00''
N., long. 75[deg]28'49'' W.; to lat. 44[deg]07'10'' N., long.
75[deg]26'49'' W.; to lat. 44[deg]11'24'' N., long. 75[deg]22'59''
W.; to lat. 44[deg]16'07'' N., long. 75[deg]32'41'' W.; to lat.
44[deg]10'50'' N., long. 75[deg]38'59'' W.; to lat. 44[deg]09'34''
N., long. 75[deg]40'00'' W.; to the point of beginning.
    Designated altitudes. 6,000 feet MSL to FL 290.
    Time of designation. May 1-August 31: 0800-1700 local time,
Monday-Friday; other times by NOTAM. September 1-April 30: 0800-2200
local time, Monday-Friday; other times by NOTAM.
    Controlling agency. FAA, Boston ARTCC.
    Using agency. NY ANG, 174FW/Det 1, Fort Drum, NY.
* * * * *

    Issued in Washington, DC, on September 12, 2008.
Edith V. Parish,
Manager, Airspace & Rules Group.
 [FR Doc. E8-22646 Filed 9-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39630-39633]
[FR Doc No: 2018-16573]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0643; Product Identifier 2018-NM-084-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Dassault Aviation Model FALCON 7X airplanes. This proposed AD
was prompted by a determination that more restrictive maintenance
requirements and airworthiness limitations are necessary. This proposed
AD would require revising the maintenance or inspection program, as
applicable, to incorporate new and more restrictive maintenance
requirements and airworthiness limitations for airplane structures and
systems. We are proposing this AD to address the unsafe condition on
these products.

DATES: We must receive comments on this proposed AD by September 24,
2018.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: 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 Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; phone:<PHONE_NUMBER>; internet: http://www.dassaultfalcon.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0643; 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 regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0643;
Product Identifier 2018-NM-084-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0101, dated May 3, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 7X
airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance
instructions for Dassault Falcon 7X aeroplanes, which are approved
by EASA, are currently defined and published in Dassault Falcon 7X
AMM [airplane maintenance manual], Chapter 5-40. These instructions
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity and reduced
control of these airplanes due to the failure of system components].
    Previously, EASA issued AD 2015-0095 [which corresponds to FAA
AD 2016-16-09, Amendment 39-18607 (81 FR 52752, August 10, 2016)
(``AD 2016-16-09'')] to require accomplishment of the maintenance
tasks, and implementation of the airworthiness limitations, as
specified in Dassault Falcon 7X AMM, Chapter 5-40, at Revision 4.
    Since that [EASA] AD was issued, Dassault issued the ALS
[airworthiness limitations section], which introduces new and more
restrictive maintenance requirements and/or airworthiness
limitations.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2015-0095, which is superseded, and requires
accomplishment of the actions specified in the ALS.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0643.
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections) and/or Critical
Design Configuration Control Limitations (CDCCLs). Compliance with
these actions and/or CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance according to paragraph (j)(1) of
this AD. The request should include a description of changes to the
required inspections that will ensure the continued operational safety
of the airplane.

Relationship Between Proposed AD and AD 2016-16-09

    This NPRM does not propose to supersede AD 2016-16-09. Rather, we
have determined that a stand-alone AD is more appropriate to address
the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program, as applicable, to incorporate new
and more restrictive maintenance requirements and airworthiness
limitations for airplane structures and systems. Accomplishment of the
proposed actions would then terminate all requirements of AD 2016-16-
09.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Chapter 5-40-00, Airworthiness
Limitations, DGT 107838, Revision 5, dated September 1, 2016, of the
Dassault Falcon 7X Maintenance Manual (MM). This service information
introduces new and more restrictive maintenance requirements and
airworthiness limitations for airplane structures and systems. 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 our bilateral agreement with the State of Design Authority, we have
been notified

of the unsafe condition described in the MCAI and service information
referenced above. We are proposing this AD because we evaluated all 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 Requirements of This NPRM

    This proposed AD would require revising the maintenance or
inspection program, as applicable, to incorporate new and more
restrictive maintenance requirements and airworthiness limitations for
airplane structures and systems.

Differences Between This Proposed AD and the MCAI

    The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Dassault Aviation maintenance documentation. However, this
proposed AD does not include that requirement. Operators of U.S.-
registered airplanes are required by general airworthiness and
operational regulations to perform maintenance using methods that are
acceptable to the FAA. We consider those methods to be adequate to
address any corrective actions necessitated by the findings of ALS
inspections required by this proposed AD.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
    When a type certificate is issued for a type design, the specific
ALS, including revisions, is a part of that type design, as specified
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
    To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
    However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
    This proposed AD therefore would apply to Dassault Aviation Model
FALCON 7X airplanes with an original certificate of airworthiness or
original export certificate of airworthiness that was issued on or
before the date of the ALS revision identified in this proposed AD.
Operators of airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued after that date
must comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 67 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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.

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 (AD):

Dassault Aviation: Docket No. FAA-2018-0643; Product Identifier
2018-NM-084-AD.

(a) Comments Due Date

    We must receive comments by September 24, 2018.

(b) Affected ADs

    This AD affects AD 2014-16-23, Amendment 39-17947 (79 FR 52545,
September 4, 2014) (``AD 2014-16-23'') and AD 2016-16-09, Amendment
39-18607 (81 FR 52752, August 10, 2016) (``AD 2016-16-09'').

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, with an original certificate of
airworthiness or original export certificate of airworthiness issued
on or before September 1, 2016.

    Note 1 to paragraph (c) of this AD:  Model FALCON 7X airplanes
with modifications M1000 and M1254 incorporated are commonly
referred to as ``Model FALCON 8X'' airplanes as a marketing
designation.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to prevent reduced structural
integrity and reduced control of airplanes due to the failure of
system components.

(f) Compliance

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

(g) Revise the Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, by incorporating
the information specified in Chapter 5-40-00, Airworthiness
Limitations, DGT 107838, Revision 5, dated September 1, 2016, of the
Dassault Falcon 7X Maintenance Manual (MM). The initial compliance
times for the tasks specified in Chapter 5-40-00, Airworthiness
Limitations, DGT 107838, Revision 5, dated September 1, 2016, of the
Dassault Falcon 7X MM are at the applicable compliance times
specified in Chapter 5-40-00, Airworthiness Limitations, DGT 107838,
Revision 5, dated September 1, 2016, of the Dassault Falcon 7X MM,
or within 90 days after the effective date of this AD, whichever
occurs later.

(h) Terminating Action for Other ADs

    (1) Accomplishing the actions required by paragraph (g) of this
AD terminates the requirements of paragraph (q) of AD 2014-16-23.
    (2) Accomplishing the actions required by paragraph (g) of this
AD terminates all requirements of AD 2016-16-09.

(i) No Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program, as applicable, has
been revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs may be used
unless the actions, intervals, and CDCCLs are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, 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 local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (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) EASA AD 2018-0101, dated May 3, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0643.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; phone:<PHONE_NUMBER>; internet: http://www.dassaultfalcon.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on July 24, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-16573 Filed 8-9-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Notices]
[Page 30073]
[FR Doc No: 2015-12613]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11945-033]

Dorena Hydro, LLC; Notice of Application Accepted for Filing,
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Application to amend license.
    b. Project No.: 11945-033.
    c. Date Filed: April 14, 2015.
    d. Applicant: Dorena Hydro, LLC.
    e. Name of Project: Dorena Lake Dam Hydroelectric Project.
    f. Location: The project is located on the U.S. Army Corps of
Engineers' Dorena Lake Dam on the Row River in Lane County, Oregon.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Peter Clermont, President, Dorena Hydro, LLC,
1498 E. Main Street, Suite 103348, Cottage Grove, OR 97424, (647) 291-
7416.
    i. FERC Contact: Mr. Steven Sachs,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, protests,
and recommendations is 30 days from the date of issuance of this
notice. The Commission strongly encourages electronic filing. Please
file motions to intervene, protests, comments, or recommendations using
the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. Please include the project number (P-11945-033)
on any comments, motions to intervene, protests, or recommendations
filed.
    k. Description of Request: The licensee requests the license be
amended to incorporate significant changes made to the project during
construction that were not authorized in the license. The modified
facilities consist of: (1) A 433-foot-long, 10-foot diameter steel
penstock; (2) a 38-foot-wide, 42-foot-long siphon house; (3) a 62-foot-
wide, 67-foot-long powerhouse; (4) a 6.1-megawatt (MW) vertical Kaplan
turbine and a 1.4-MW horizontal Francis turbine; and (5) a 115-foot-
long, 34-foot-wide concrete lined tailrace.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading,
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: May 19, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-12613 Filed 5-22-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53468-53469]
[DOCID:fr16se08-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58485; File No. 4-568]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of Proposed Minor Rule Violation Plan

September 8, 2008.
    Pursuant to section 19(d)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19d-1(c)(2) thereunder,\2\ notice is hereby
given that on August 29, 2008, the BATS Exchange, Inc. (``BATS'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') copies of proposed minor rule violations with sanctions
not exceeding $2,500 which would not be subject to the provisions of
Rule 19d-1(c)(1) of the Act \3\ requiring that a self-regulatory
organization promptly file notice with the Commission of any final
disciplinary action taken with respect to any person or
organization.\4\ In accordance with paragraph (c)(2) of Rule 19d-1 of
the Act, the Exchange proposed to designate certain specified rule
violations as minor rule violations, and requests that it be relieved
of the reporting requirements regarding such violations, provided it
gives notice of such violations to the Commission on a quarterly basis.
BATS Exchange proposes to include in its proposed MRVP the policies and
procedures currently included in BATS Exchange Rule 8.15 (``Imposition
of Fines for Minor Violation(s) of Rules'').\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(d)(1).
    \2\ 17 CFR 240.19d-1(c)(2).
    \3\ 17 CFR 240.19d-1(c)(1).
    \4\ The Commission adopted amendments to paragraph (c) of Rule
19d-1 to allow self-regulatory organizations (``SROs'') to submit
for Commission approval plans for the abbreviated reporting of minor
disciplinary infractions. See Securities Exchange Act Release No.
21013 (June 1, 1984), 49 FR 23828 (June 8, 1984). Any disciplinary
action taken by an SRO against any person for violation of a rule of
the SRO which has been designated as a minor rule violation pursuant
to such a plan filed with the Commission shall not be considered
``final'' for purposes of Section 19(d)(1) of the Act if the
sanction imposed consists of a fine not exceeding $2,500 and the
sanctioned person has not sought an adjudication, including a
hearing, or otherwise exhausted his administrative remedies.
    \5\ On August 18, 2008, the Commission approved BATS Exchange's
application for registration as a national securities exchange,
including the rules governing the BATS Exchange. See Securities
Exchange Act Release No. 58375, 73 FR 49498 (August 21, 2008). In
the approval order, the Commission noted that BATS Exchange Rule
8.15 provides for the imposition of fines for minor rule violations
pursuant to a minor rule violation plan. Accordingly, the Commission
noted that as a condition to the operation of the BATS Exchange, the
Exchange must file a minor rule violation plan with the Commission.
---------------------------------------------------------------------------

    According to the Exchange's proposed MRVP, under Rule 8.15, the
Exchange may impose a fine (not to exceed $2,500) on a member or an
associated person with respect to any rule listed in Rule 8.15.01. The
Exchange shall serve the person against whom a fine is imposed with a
written statement setting forth the rule or rules violated, the act or
omission constituting each such violation, the fine imposed, and the
date by which such determination becomes final or by which such
determination must be contested. If the person against whom the fine is
imposed pays the fine, such payment shall be deemed to be a waiver of
such person's right to a disciplinary proceeding and any review of the
matter under BATS Exchange rules. Any person against whom a fine is
imposed may contest the Exchange's determination by filing with the
Exchange a written response, at which point the matter shall become a
disciplinary proceeding.
    Under Rule 8.15.01, violations of the following rules would be
appropriate for disposition under the minor rule violations plan: Rule
4.2 and Interpretations thereunder, requiring the submission of
responses to Exchange requests for trading data within specified time
period; Rule 4.2 and Interpretations thereunder, related to the
requirement to furnish Exchange-related order, market and transaction
data, as well as financial or regulatory records and information; Rule
11.15, requirement to identify short sale orders as such; and Rule
11.16, requirement to comply with locked and crossed market rules.
    BATS Exchange proposed to include the rule violations listed in
Rule 8.15.01 in its minor rule violation plan. Upon approval of the
plan, the Exchange will provide the Commission a quarterly report of
actions taken on minor rule violations under the plan. The quarterly
report will include: The Exchange's internal file number for the case,
the name of the individual and/or organization, the nature of the
violation, the specific rule provision violated, the sanction imposed,
the number of times the rule violation has occurred, and the date of
disposition.\6\
---------------------------------------------------------------------------

    \6\ BATS Exchange attached a sample form of the quarterly report
with its submission to the Commission.
---------------------------------------------------------------------------

I. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning BATS Exchange's proposed Minor Rule Violation
Plan, including whether the proposed plan is consistent with the Act.
Comments may

be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. 4-568 on the subject line.

Paper Comments

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

All submissions should refer to File No. 4-568. This file number should
be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule changes between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549-1090. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. 4-568 and
should be submitted on or before October 16, 2008.

II. Date of Effectiveness of the Proposed Minor Rule Violation Plan and
Timing for Commission Action

    Pursuant to section 19d-1 of the Act and Rule 19d-1(c)(2)
thereunder,\7\ after October 16, 2008, the Commission may, by order,
declare BATS Exchange's proposed Minor Rule Violation Plan effective if
the plan is consistent with the public interest, the protection of
investors, or otherwise in furtherance of the purposes of the Act. The
Commission in its order may restrict the categories of violations to be
designated as minor rule violations and may impose any other terms or
conditions to the proposed Minor Rule Violation Plan, File No. 4-568,
and to the period of its effectiveness which the Commission deems
necessary or appropriate in the public interest, for the protection of
investors or otherwise in furtherance of the purposes of this Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(d)(1) and 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(44).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21616 Filed 9-15-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Page 20044]
[FR Doc No: 2012-7927]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4059-DR; Docket ID FEMA-2012-0002]

West Virginia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of West Virginia (FEMA-4059-DR), dated March 16,
2012, and related determinations.

DATES:  Effective Date: March 16, 2012.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 16, 2012, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of West Virginia resulting from severe storms, tornadoes, flooding,
mudslides, and landslides during the period of February 29 to March
5, 2012, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of West Virginia.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
is supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Deanne Criswell, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of West Virginia have been
designated as adversely affected by this major disaster:

    Lincoln, Marion, and Wayne Counties for Individual Assistance.
    Doddridge, Harrison, Lincoln, Marion, Mingo, Monongalia,
Preston, Ritchie, Roane, Taylor, and Wayne Counties for Public
Assistance.
    All counties within the State of West Virginia are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-7927 Filed 4-2-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Page 26916]
[FR Doc No: 2019-12328]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  11:00 a.m. on Thursday, June 13, 2019.

PLACE:  The meeting will be held at the Commission's headquarters, 100
F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matters of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: June 6, 2019.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-12328 Filed 6-6-19; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Page 35353]
[FR Doc No: 2013-13898]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-18]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before July 2, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0355 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 7, 2013.
Ida M. Klepper,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0355.
    Petitioner: ExpressJet Airlines, Inc.
    Section of 14 CFR Affected: 14 CFR 61.159(a).
    Description of Relief Sought: Express Jet seeks limited relief to
permit its pilots to credit training in a simulator in an approved
course of training under part 121 to count toward the aeronautical
experience requirements for an airline transport pilot certificate.

[FR Doc. 2013-13898 Filed 6-11-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Page 64522]
[FR Doc No: 2013-25620]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4148-DR; Docket ID FEMA-2013-0001]

New Mexico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Mexico (FEMA-4148-DR), dated September
30, 2013, and related determinations.

DATES: Effective Date: September 30, 2013.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 30, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of New Mexico resulting from severe storms and flooding during the
period of July 23-28, 2013, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of New Mexico.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Bernalillo, Colfax, Luna, Sandoval, and Socorro Counties and the
Cochiti, Kewa (Santa Domingo), San Felipe, and Sandia Pueblos for
Public Assistance.
    All counties and Indian Tribes within the State of New Mexico
are eligible to apply for assistance under the Hazard Mitigation
Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-25620 Filed 10-28-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75810-75811]
[FR Doc No: 2010-30405]

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Part IV

Department of Health and Human Services

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

Food and Drug Administration

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

Guidance for Industry: Use of Serological Tests To Reduce the Risk of
Transmission of Trypanosoma cruzi Infection in Whole Blood and Blood
Components Intended for Transfusion; Availability; Agency Information
Collection Activities; Submission for Office of Management and Budget
Review; Comment Request; Guidance for Industry: Use of Serological
Tests To Reduce the Risk of Transmission of Trypanosoma cruzi Infection
in Whole Blood and Blood Components Intended for Transfusion; Notices

Federal Register / Vol. 75 , No. 233 / Monday, December 6, 2010 /
Notices

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0137]

Guidance for Industry: Use of Serological Tests To Reduce the
Risk of Transmission of Trypanosoma cruzi Infection in Whole Blood and
Blood Components Intended for Transfusion; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a document entitled ``Guidance for Industry: Use of
Serological Tests To Reduce the Risk of Transmission of Trypanosoma
cruzi Infection in Whole Blood and Blood Components Intended for
Transfusion'' dated December 2010. The guidance document notifies
establishments that manufacture whole blood and blood components
intended for transfusion about FDA approvals of biologics license
applications for serological test systems for the detection of
antibodies to Trypanosoma cruzi. These tests are intended for use as
donor screening tests to reduce the risk of transmission of T. cruzi
infection by detecting antibodies to T. cruzi in plasma and serum
samples from individual human donors. The guidance document does not
apply to the collection of source plasma. Also, the guidance does not
apply to establishments that make eligibility determinations for donors
of human cells, tissues, and cellular and tissue-based products (HCT/
Ps). The guidance announced in this document finalizes the draft
guidance entitled ``Guidance for Industry: Use of Serological Tests To
Reduce the Risk of Transmission of Trypanosoma cruzi Infection in Whole
Blood and Blood Components for Transfusion and Human Cells, Tissues,
and Cellular and Tissue-Based Products (HCT/Ps)'' dated March 2009. The
recommendations for HCT/P donor screening and testing for T. cruzi
antibodies contained in the draft guidance are not being finalized at
this time because FDA believes additional discussion is warranted.
Elsewhere in this issue of the Federal Register, FDA is publishing a
30-day notice announcing that the proposed collection of information
for the guidance has been submitted to the Office of Management and
Budget (OMB) for review and clearance under the Paperwork Reduction Act
of 1995.

DATES: Submit either electronic or written comments on agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Office of Communication, Outreach and Development (HFM-40), Center
for Biologics Evaluation and Research, Food and Drug Administration,
1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448. Send one
self-addressed adhesive label to assist the office in processing your
requests. The guidance may also be obtained by mail by calling CBER at
1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION
section for electronic access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Valerie A. Butler, Center for
Biologics Evaluation and Research (HFM-17), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled
``Guidance for Industry: Use of Serological Tests to Reduce the Risk of
Transmission of Trypanosoma cruzi Infection in Whole Blood and Blood
Components Intended for Transfusion'' dated December 2010. The guidance
document notifies establishments that manufacture whole blood and blood
components intended for transfusion about FDA license approvals for
serological test systems for the detection of antibodies to T. cruzi.
These tests are intended for use as donor screening tests to reduce the
risk of transmission of T. cruzi infection by detecting antibodies to
T. cruzi in plasma and serum samples from individual human donors. The
guidance document provides recommendations for one time testing of
donations of whole blood and blood components for evidence of T. cruzi
infection, blood donor and product management, labeling of whole blood
and blood components, and procedures for reporting the implementation
of a licensed T. cruzi test. The guidance document does not apply to
the collection of source plasma. Also, the guidance does not apply to
establishments that make eligibility determinations for donors of HCT/
Ps. The recommendations for HCT/P donor screening and testing for T.
cruzi antibodies contained in the draft guidance are not being
finalized at this time because FDA believes additional consideration of
the recommendations is warranted.
    At the April 2009 Blood Products Advisory Committee (committee)
meeting, FDA sought advice from the committee regarding selective
testing strategies for T. cruzi infection in repeat blood donors. After
discussing the testing strategies presented, the committee voted in
favor of a selective testing strategy in which one negative test would
qualify a donor for all future donations without further testing or the
need to ask questions regarding risk of a newly acquired T. cruzi
infection.
    In the Federal Register of March 26, 2009 (74 FR 13211), FDA
announced the availability of the draft guidance entitled ``Guidance
for Industry: Use of Serological Tests to Reduce the Risk of
Transmission of Trypanosoma cruzi Infection in Whole Blood and Blood
Components for Transfusion and Human Cells, Tissues, and Cellular and
Tissue-Based Products (HCT/Ps)'' dated March 2009. The guidance
announced in this document finalizes only the recommendations
concerning testing donations of whole blood and blood components
intended for transfusion for T. cruzi antibodies.
    At this time, FDA is continuing to review public comments on our
recommendations for testing HCT/P donors for T. cruzi. Therefore, we
are not finalizing our recommendations for HCT/Ps in this guidance. We
intend to issue guidance for testing HCT/P donors for T. cruzi
infection in the future.
    FDA received numerous comments on the draft guidance and those
comments were considered as the guidance was finalized. Editorial
changes also were made to improve clarity.
    The guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents FDA's
current thinking on this topic. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance contains information collection provisions that are
subject to review by the OMB under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). Elsewhere in this issue of the Federal Register,
FDA is publishing a 30-day notice entitled ``Agency Information
Collection

Activities; Submission for Office of Management and Budget Review;
Comment Request; Guidance for Industry: Use of Serological Tests to
Reduce the Risk of Transmission of Trypanosoma cruzi Infection in Whole
Blood and Blood Components Intended for Transfusion,'' which announces
that the proposed collection of information has been submitted to OMB
for review and clearance under the Paperwork Reduction Act. FDA will
publish a notice concerning OMB approval of these information
collection provisions in the Federal Register prior to the
implementation date provided in the guidance document.
    The guidance also refers to previously approved collections of
information found in FDA regulations. The collections of information in
21 CFR 601.12 have been approved under OMB control number 0910-0338;
the collections of information in 21 CFR 606.100, 606.121, 606.122,
606.160(b)(ix), 606.170(b), 610.40, and 630.6 have been approved under
OMB control number 0910-0116; the collections of information in 21 CFR
606.171 have been approved under OMB control number 0910-0458.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written or comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http:[sol][sol]www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
http:[sol][sol]www.regulations.gov.

    Dated: November 30, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-30405 Filed 12-3-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Rules and Regulations]
[Page 23582]
[FR Doc No: 2018-10940]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0216]

Drawbridge Operation Regulation; Long Creek & Sloop Channel,
Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Loop Parkway Bridge across Long
Creek, mile 0.7, and Meadowbrook State Parkway Bridge across Sloop
Channel, mile 12.8, both at Hempstead, New York. This deviation is
necessary in order to facilitate a motorcycle ride event and allows
both bridges to remain in the closed position for two hours.

DATES: This deviation is effective from 11 a.m. to 1 p.m. on September
30, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0216, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Ms. Judy K. Leung-Yee, Bridge
Management Specialist, First District Bridge Branch, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The event sponsor requested and the bridge
owner for both bridges, the New York State Department of
Transportation, concurred with this temporary deviation from the normal
operating schedule to facilitate a public event, the Dee Snider's
Motorcycle Ride to Benefit Melissa's Wish.
    The Loop Parkway Bridge, mile 0.7, across Long Creek has a vertical
clearance in the closed position of 21 feet at mean high water and 25
feet at mean low water. The existing bridge operating regulations are
found at 33 CFR 117.799(f).
    The Meadowbrook State Parkway Bridge, mile 12.8, across Sloop
Channel has a vertical clearance in the closed position of 22 feet at
mean high water and 25 feet at mean low water. The existing bridge
operating regulations are found at 33 CFR 117.799(h).
    Under this temporary deviation, the Loop Parkway Bridge and the
Meadowbrook State Parkway Bridge may remain in the closed position
between 11 a.m. and 1 p.m. on September 30, 2018. Both waterways are
used primarily by seasonal recreational vessels and commercial fishing
vessels. Coordination with Coast Guard Sector Long Island Sound has
indicated no mariner objections to the proposed short-term closure of
the draw. Vessels able to pass through the bridge in the closed
position may do so at all times. The bridges will be able to open for
emergencies and there is no immediate alternate route for vessels to
pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), both drawbridges must return
to its regular operating schedule immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

    Dated: May 17, 2018.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-10940 Filed 5-21-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68929-68930]
[FR Doc No: 2019-27078]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-539-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; East Fork Wind
Project, LLC

    This is a supplemental notice in the above-referenced proceeding of
East Fork Wind Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 30, 2019.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 10, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-27078 Filed 12-16-19; 8:45 am]
BILLING CODE 6717-01-P