[Federal Register: January 23, 2006 (Volume 71, Number 14)]
[Notices]
[Page 3566]
[DOCID:fr23ja06-98]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-31993]

Issuer Delisting; Notice of Application of Sterling Construction
Company, Inc. To Withdraw Its Common Stock, $.01 Par Value, From
Listing and Registration on the American Stock Exchange LLC

January 13, 2006.
    On January 9, 2006, Sterling Construction Company Inc., a Delaware
corporation (``Issuer''), filed an application with the Securities and
Exchange Commission (``Commission''), pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $.01 par value
(``Security''), from listing and registration on the American Stock
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On November 15, 2005, the Board of Directors (``Board'') of the
Issuer authorized management to apply to list the Security on the
Nasdaq National Market (``Nasdaq'') and upon approval of such listing
to withdraw the Security from listing and registration on Amex. The
Issuer stated in its application that it decided to transfer the
listing of the Security from Amex to Nasdaq because it believes that
Nasdaq will provide greater exposure of the Security to investors,
especially as more of the members of the Issuer's peer group of
construction companies have a Nasdaq listing rather than an exchange
listing. The Issuer stated that on January 4, 2006, Nasdaq approved its
application to list the Security on Nasdaq. The Issuer expects the
Security to trade on Nasdaq on or about January 20, 2006.
    The Issuer stated in its application that it has met the
requirements of Amex Rule 18 by complying with all applicable laws in
effect in the State of Delaware, in which it is incorporated, and
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to withdrawal of the
Security from listing on Amex and from registration under Section 12(b)
of the Act,\3\ and shall not affect its obligation to be registered
under Section 12(g) of the Act.\4\
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    \3\ 15 U.S.C. 781(b).
    \4\ 15 U.S.C. 781(g).
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    Any interested person may, on or before February 9, 2006, comment
on the facts bearing upon whether the application has been made in
accordance with the rules of Amex, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

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

the File Number 1-31993 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number 1-31993. This file number
should be included on the subject line if e-mail is used. To help us
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/delist.shtml). Comments are

also available for public inspection and copying in the Commission's
Public Reference Room. All comments received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-679 Filed 1-20-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50621-50622]
[FR Doc No: 2015-20577]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2165-067]

Alabama Power Company; 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 Federal Energy Regulatory Commission and is available
for public inspection:
    a. Type of Application: Non-project use of project lands and water.
    b. Project No: 2165-067.
    c. Date Filed: July 8, 2015.
    d. Applicant: Alabama Power Company (licensee).
    e. Name of Project: Warrior River Hydroelectric Project.
    f. Location: Lewis Smith Development (Smith Lake) of the Warrior
River Hydroelectric Project located in Cullman, Walker, and Winston
counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a--825r.
    h. Applicant Contact: James F. Crew, Hydro Services Manager,
Alabama Power Company, 600 North 18th Street, 16N-8180, Birmingham,
Alabama 35203; phone<PHONE_NUMBER>.
    i. FERC Contact: Mr. Robert Ballantine at<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance of this notice by the Commission. All
documents may be filed electronically via the Internet. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed
electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. 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.
    Please include the project number (P-2165-067) on any comments,
motions, or recommendations filed.
    k. Description of Request: Alabama Power Company requests
Commission approval to grant Curry Water Authority, Inc. a permit to
use project lands and waters within the project boundary on Smith Lake
for the construction of a raw water intake facility to withdraw up to
3.8 million gallons per day. A portion of the intake facility would be
constructed within the project boundary, consisting of concrete encased
columns supporting a pump house containing four vertical turbine pumps
over the water (Latitude 33.999941, Longitude -87.283845); a 12 inch
water main running from the pump house, and a 25 foot long by 10 foot
wide walkway supported by piers. Also included in the construction
would be a control building and a security fence located outside the
522 foot contour of the project boundary on land owned by the Curry
Water Authority, Inc. off of Bluff Way Drive.
    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 using the ``eLibrary''
link. 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<PHONE_NUMBER> 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''; ``PROTESTS'', 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). 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: August 14, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-20577 Filed 8-19-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Notices]
[Page 43636-43638]
[DOCID:fr06au07-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2004-0006; FRL-8450-8]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Community Right-To-Know Reporting Requirements Under
Sections 311 and 312 of the Emergency Planning and Community Right-To-
Know Act (EPCRA), EPA ICR Number 1352.11, OMB Control Number 2050-0072

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on January 31, 2008. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before October 5, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2004-0006, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Superfund Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460
     Hand Delivery: EPA Docket Center, EPA West Building, 1301
Constitution Avenue, NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2004-0006. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov Web site is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://www.regulations.gov
 your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; E-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-2004-0006, which is available for online viewing at http://www.regulations.gov
, or in person viewing at the Superfund Docket in

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Superfund Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft

collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

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

What Should I Consider When I Prepare My Comments for EPA?

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

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-2004-0006.
    Affected Entities: Entities potentially affected by this action are
manufacturers and non-manufacturers.
    Title: Community Right-to-Know Reporting Requirements Under
Sections 311 and 312 of the Emergency Planning and Community Right-to-
Know Act (EPCRA)
    ICR Number: EPA ICR No. 1352.11, OMB Control No. 2050-0072.
    ICR Status: This ICR is currently scheduled to expire on January
31, 2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The authority for these requirements is sections 311 and
312 of the Emergency Planning and Community Right-to-Know Act (EPCRA),
1986 (42 U.S.C. 11011, 11012). EPCRA Section 311 requires owners and
operators of facilities subject to OSHA Hazard Communication Standard
to submit a list of chemicals or MSDSs (for those chemicals that exceed
thresholds, specified in 40 CFR part 370) to the State Emergency
Response Commission (SERC), Local Emergency Planning Committee (LEPC)
and the local fire department (LFD) with jurisdiction over their
facility. This is a one-time requirement unless a new facility becomes
subject to the regulations or updating the information by facilities
that are already covered by the regulations. EPCRA section 312 requires
owners and operators of facilities subject to OSHA HCS to submit an
inventory form (for those chemicals that exceed the thresholds,
specified in 40 CFR part 370) to the SERC, LEPC, and LFD with
jurisdiction over their facility. This form is to be submitted on March
1 of each year, on the inventory of chemicals in the previous calendar
year.
    Burden Statement: The average burden for MSDS reporting under 40
CFR 370.21 is estimated at 1.6 hours for new and newly regulated
facilities and approximately 0.6 hours for those existing facilities
that obtain new or revised MSDSs or receive requests for MSDSs from
local governments. For new and newly regulated facilities, this burden
includes the time required to read and understand the regulations, to
determine which chemicals meet or exceed reporting thresholds, and to
submit MSDSs or lists of chemicals to SERC, LEPCs, and local fire
departments. For existing facilities, this burden includes the time
required to submit revised MSDSs and new MSDSs to local officials. The
average reporting burden for facilities to submit Tier I or Tier II
inventory report under 40 CFR 370.25 is estimated to be approximately
3.1 hours per facility. There are no recordkeeping requirements for
facilities under EPCRA sections 311 and 312.
    The average burden for state and local governments to respond to
requests for MSDSs or Tier II information under 40 CFR 370.30 is
estimated to be 0.17 hours per request. The average burden for state
and local governments for managing and maintaining the reports is
estimated to be 32.25 hours. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated Total Number of Potential Respondents: 564,132.
    Frequency of Response: Annual.
    Estimated Total Average Number of Responses for Each Respondent: 1.
    Estimated Total Annual Burden Hours: 2,031,859.
    Estimated Total Annual Costs: $96 million.
    This includes capital investment or maintenance and operational
costs.
    There is an increase of 2,160 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase is due to the increase in the number of
facilities that may be subject to the hazardous chemical inventory
requirements.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR

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

    Dated: July 26, 2007.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E7-15238 Filed 8-3-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Page 72956]
[FR Doc No: 2015-29759]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER12-678-007.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2015-11-16_VLR RSG Compliance
Filing to be effective 9/1/2012.
    Filed Date: 11/16/15.
    Accession Number: 20151116-5161.
    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: ER16-331-000.
    Applicants: Alabama Power Company.
    Description: Compliance filing: Compliance Filing for Docket Nos.
ER15-1950 and ER15-2564 to be effective 11/17/2015.
    Filed Date: 11/16/15.
    Accession Number: 20151116-5081.
    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: ER16-332-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Informational Filing Pursuant to Schedule 2 of the PJM
Interconnection, L.L.C. Open-Access Transmission Tariff, of C.P. Crane
LLC.
    Filed Date: 11/4/15.
    Accession Number: 20151104-5258.
    Comments Due: 5 p.m. ET 11/25/15.

    Docket Numbers: ER16-333-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to the RAA
Schedule 8.1 re: FRR Requirements to be effective 1/16/2016.
    Filed Date: 11/16/15.
    Accession Number: 20151116-5092.
    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: ER16-334-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-11-16_SA 2868 NSP
Briggs Road-N. Madison T-TIA to be effective 10/30/2015.
    Filed Date: 11/16/15.
    Accession Number: 20151116-5154.
    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: ER16-335-000.
    Applicants: Startrans IO, LLC.
    Description: Sec.  205(d) Rate Filing: 2016 TRBAA Update Filing to
be effective 1/1/2016.
    Filed Date: 11/16/15.
    Accession Number: 20151116-5162.
    Comments Due: 5 p.m. ET 12/7/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-29759 Filed 11-20-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75574-75575]
[FR Doc No: 2014-29658]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-1020]

Guidance on Maritime Cybersecurity Standards

AGENCY: Coast Guard, DHS.

ACTION: Notice with request for comments.

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SUMMARY: The Coast Guard is developing policy to help vessel and
facility operators identify and address cyber-related vulnerabilities
that could contribute to a Transportation Security Incident. Coast
Guard regulations require certain vessel and facility operators to
conduct security assessments, and to develop security plans that
address vulnerabilities identified by the security assessment. The
Coast Guard is seeking public input from the maritime industry and
other interested parties on how to identify and mitigate potential
vulnerabilities to cyber-dependent systems. The Coast Guard will
consider these public comments in developing relevant guidance, which
may include standards, guidelines, and best practices to protect
maritime critical infrastructure.

DATES: Comments must be submitted to the online docket via http://www.regulations.gov, or reach the Docket Management Facility, on or
before February 17, 2015.

ADDRESSES: Submit comments using one of the listed methods, and see
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hours
for hand delivery are 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays (telephone<PHONE_NUMBER>).

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email LT Josephine Long, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or LCDR Joshua Rose, Coast Guard; 202-
372-1106, email<EMAIL_ADDRESS>For information about viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>, toll free 1-800-
647-5527.

SUPPLEMENTARY INFORMATION:

Public Participation and Comments

    We encourage you to submit comments (or related material) on the
questions listed below. We will consider all submissions and may adjust
our final policy actions based on your comments. Comments should be
marked with docket number USCG-2014-1020, and should provide a reason
for each suggestion or recommendation. You should provide personal
contact information so that we can contact you if we have questions
regarding your comments; but please note that all comments will be
posted to the online docket without change and that any personal
information you include can be searchable online (see the Federal
Register Privacy Act notice regarding our public dockets, 73 FR 3316,
Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x
11 inch format suitable for reproduction. The Docket Management
Facility will acknowledge receipt of mailed comments if you enclose a
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice, and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following the Web site's instructions. You can also view the docket at
the Docket Management Facility (see the mailing address under
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.

Discussion

    The Coast Guard is developing policy to help vessel and facility
operators identify and address cyber-related vulnerabilities that could
contribute to a Transportation Security Incident (TSI).\1\ Coast Guard
regulations require certain vessel and facility operators to conduct
security assessments, and to develop security plans that address
vulnerabilities identified by the security assessment.\2\ Vessel and
facility security plans must also address specific security functions,
including the following:
---------------------------------------------------------------------------

    \1\ A Transportation Security Incident is defined in 33 CFR
101.105 to mean ``a security incident resulting in a significant
loss of life, environmental damage, transportation system
disruption, or economic disruption in a particular area.''
    \2\ 33 CFR parts 104 and 105, subparts C and D.

 Communications
 Security Training Requirements
 Procedures for vessel/facility interfacing
 Declaration of Security
 Security Systems and Equipment Maintenance
 Security Measures for Access Control
 Security Measures for Handling Cargo
 Security Measures for Monitoring
 Security Incident Procedures

The Coast Guard is seeking public input on the following questions:
    (1) What cyber-dependent systems, commonly used in the maritime
industry, could lead or contribute to a TSI if they failed, or were
exploited by an adversary?
    (2) What procedures or standards do vessel and facility operators
now employ to identify potential cybersecurity vulnerabilities to their
operations?
    (3) Are there existing cybersecurity assurance programs in use by
industry that the Coast Guard could recognize? If so, to what extent do
these programs address vessel or facility systems that could lead to a
TSI?
    (4) To what extent do current security training programs for vessel
and facility personnel address cybersecurity risks and best practices?
    (5) What factors should determine when manual backups or other non-
technical approaches are sufficient to address cybersecurity
vulnerabilities?
    (6) How can the Coast Guard leverage Alternative Security Programs
\3\ to help vessel and facility operators address cybersecurity risks?
---------------------------------------------------------------------------

    \3\ An Alternative Security Program is defined in 33 CFR 101.105
to mean ``a third-party or industry organization developed standard
that the Commandant [of the Coast Guard] has determined provides an
equivalent level of security to that established by [33 CFR Chapter
I, Subchapter H].''
---------------------------------------------------------------------------

    (7) How can vessel and facility operators reliably demonstrate to
the Coast Guard that critical cyber-systems meet appropriate technical
or procedural standards?
    (8) Do classification societies, protection and indemnity clubs, or
insurers recognize cybersecurity best practices that could help the
maritime industry and the Coast Guard address

cybersecurity risks? (See also http://www.dhs.gov/publication/cybersecurity-insurance.)

Authority

    This notice is issued under the authority of 5 U.S.C. 552(a).

    Dated: December 12, 2014.
Captain Andrew Tucci,
Chief, Office of Port & Facility Compliance, U.S. Coast Guard.
[FR Doc. 2014-29658 Filed 12-17-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Proposed Rules]
[Pages 34480-34484]
[FR Doc No: 2014-14032]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-SFUND-2014-0474; FRL-9911-81-OSWER]

Amendment to Standards and Practices for All Appropriate
Inquiries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the standards and practices for conducting all appropriate
inquiries under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) to remove the reference to ASTM
International's E1527-05 standard practice. This 2005 standard practice
recently was replaced with updated standard E1527-13 by ASTM
International, a widely recognized standards development organization.
Specifically, EPA is proposing to amend the ``All Appropriate Inquiries
Rule'' to remove the reference to ASTM International's E1527-05
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process.''

DATES: Written comments must be received by July 17, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2014-0474 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Superfund Docket, Environmental Protection Agency,

Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Headquarters West Building, Room 3334,
located at 1301 Constitution Ave. NW., Washington, DC. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The EPA Headquarters Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday
through Friday, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2014-0474. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Certain types of information claimed as CBI,
and other information whose disclosure is restricted by statute, will
not be available for public viewing in EPA's electronic public docket.
EPA's policy is that copyrighted material, such as ASTM International's
E1527-13 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process'' will not be placed in EPA's
electronic public docket but will be publicly available only in printed
form in the official public docket. Publicly available docket materials
are available either electronically in www.regulations.gov or in hard
copy at the HQ EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room at this
docket facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Superfund Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
CERCLA Call Center at<PHONE_NUMBER> or TDD<PHONE_NUMBER> (hearing
impaired). In the Washington, DC metropolitan area, call<PHONE_NUMBER>
or TDD<PHONE_NUMBER>. For more detailed information on specific aspects
of this rule, contact Patricia Overmeyer, Office of Brownfields and
Land Revitalization (5105T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Regulated Entities

    The EPA is proposing to remove the reference to the 2005 ASTM
standard in the All Appropriate Inquiries Rule at 40 CFR part 312. In
November 2013, ASTM International replaced its 2005 standard (ASTM
E1527-05 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process'') with an updated standard,
ASTM E1527-13 ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process.'' The updated 2013
standard is a currently recognized industry consensus-based standard to
conduct all appropriate inquiries under CERCLA. In December 2013, EPA
published a final rule indicating that parties who purchase potentially
contaminated properties may use the ASTM E1527-13 standard practice
when conducting all appropriate inquiries pursuant to CERCLA. Today's
proposed rule does not propose changes to the standards and practices
included in the All Appropriate Inquiries Rule. Any party who wants to
conduct all appropriate inquiries under CERCLA may follow the standards
and procedures set forth in the All Appropriate Inquiries Rule at 40
CFR part 312 (70 FR 66070) or use the new ASTM E1527-13 standard.
    Parties potentially affected by this action are those who perform
all appropriate inquiries, including public and private parties who
intend to claim protection from CERCLA liability as bona fide
prospective purchasers, contiguous property owners, or innocent
landowners. In addition, any party conducting a site characterization
or assessment on a property with a brownfields grant awarded under
CERCLA section 104(k)(2)(B)(ii) may be affected by today's action. This
includes state, local and tribal governments that receive brownfields
site assessment grants. A summary of the potentially affected industry
sectors (by North American Industry Classification System (NAICS)
codes) is displayed in the table below.

------------------------------------------------------------------------
             Industry  category                       NAICS Code
------------------------------------------------------------------------
Real Estate................................                          531
Insurance..................................                        52412
Banking/Real Estate Credit.................                        52292
Environmental Consulting Services..........                        54162
State, Local and Tribal Government.........               926110, 925120
Federal Government.........................       925120, 921190, 924120
------------------------------------------------------------------------

    The list of potentially affected parties in the above table may not
be exhaustive. Our aim is to provide a guide for readers regarding
those entities that EPA is aware potentially could be affected by this
action. However, this action may affect other parties not listed in the
table and EPA welcomes comments on this issue.

Content of Today's Proposed Rule

I. Regulated Entities
II. Statutory Authority
III. Background
IV. Overview of Today's Action
V. Effective Date of Final Action
VI. Statutory and Executive Order Reviews

II. Statutory Authority

    This proposed rule, which proposes to amend the All Appropriate
Inquiries Rule at 40 CFR part 312 setting Federal standards for the
conduct of ``all appropriate inquiries,'' is authorized under section
101(35)(B) of CERCLA (42 U.S.C. 9601), as amended by the Small Business
Liability Relief and Brownfields Revitalization Act of 2002.

III. Background

    On January 11, 2002, President Bush signed the Small Business
Liability Relief and Brownfields Revitalization

Act, Public Law 107-118 (``the Brownfields Amendments''), which amended
CERCLA. In general, the Brownfields Amendments provide funds to assess
and clean up brownfields sites; clarify CERCLA liability provisions
related to certain purchasers of contaminated properties; and provide
funding to enhance state and tribal cleanup programs. Subtitle B of the
Brownfields Amendments revises some of the provisions of CERCLA section
101(35) and limits CERCLA liability under Section 107 (42 U.S.C. 9607)
for bona fide prospective purchasers and contiguous property owners, in
addition to clarifying the requirements necessary to establish the
innocent landowner defense under CERCLA. The Brownfields Amendments
provide that parties purchasing potentially contaminated property must
undertake ``all appropriate inquiries'' into prior ownership and use of
the property at issue prior to purchase in order to qualify for
protection from CERCLA liability.
    The Brownfields Amendments also require EPA to develop regulations
establishing standards and practices for conducting all appropriate
inquiries. On November 1, 2005, EPA promulgated regulations that set
standards and practices for all appropriate inquiries (70 FR 66070). In
that rule, EPA referenced the ASTM E1527-05 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process'' and authorized its use to comply with the rule. On December
23, 2008, EPA amended the rule to recognize another ASTM International
standard as compliant with the rule, ASTM E2247-08 ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property'' (73 FR 78716).
    In November 2013, ASTM International published ASTM E1527-13,
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process.'' In early 2013, at ASTM
International's request, EPA reviewed this standard and determined that
a party's use of the standard would be compliant with the All
Appropriate Inquiries Rule.
    On December 30, 2013, EPA published a final rule which provided
that persons conducting all appropriate inquiries may use the
procedures included in ASTM E1527-13 to comply with the All Appropriate
Inquiries Rule (78 FR 79319). In the final rule, EPA indicated that it
intended to publish a proposed rule to amend the All Appropriate
Inquiries Rule to remove the reference to ASTM E1527-05 Phase I
Environmental Site Assessment Standard.
    With today's action, EPA is proposing to amend the All Appropriate
Inquiries Rule to remove the reference to the historical 2005 ASTM
standard (ASTM E1527-05). EPA is retaining the reference to the
recently revised ASTM standard, E1527-13.

IV. Overview of Today's Action

    EPA is proposing to amend the All Appropriate Inquiries Rule at 40
CFR 312 to remove the reference to ASTM International's E1527-05
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process.'' In November 2013, ASTM
International designated this standard an ``historical standard'' and
replaced it with the updated ASTM E1527-13 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process.''
    Today's proposed action would not prevent parties from continuing
to use other standards, methods, or customary business practices for
conducting all appropriate inquiries, so long as they comply with the
standards and procedures set forth in the All Appropriate Inquiries
Rule. Instead, today's proposed action removes the reference to a
standard that ASTM International no longer recognizes as current and
that it no longer represents as reflecting its current consensus-based
standard.
    EPA is proposing this action because the Agency wants to reduce any
confusion associated with the regulatory reference to a historical
standard that is no longer recognized by its own promulgating
organization as meeting its standards for good customary business
practice. In addition, we believe that today's proposed action would
promote the use of the standard currently recognized by ASTM
International as the consensus-based, good customary business standard.
    For properties acquired between November 1, 2005 and the effective
date of this proposed action, should it be finalized, the 2005 ASTM
standard (ASTM E1527-05) complies with the All Appropriate Inquiries
Rule as it was in effect at the time the property was acquired.
    EPA's proposed action includes no proposed changes to the All
Appropriate Inquiries Rule other than to remove a reference to the
historical ASTM E1527-05 standard. It does not impact the reference to
the recently revised ASTM standard, E1527-13 in the All Appropriate
Inquiries Rule.
    EPA seeks comments on today's proposed action. EPA is not seeking
comments on the standards and practices included in the All Appropriate
Inquiries Rule published at 40 CFR 312, nor on the references to any
other standards included in 40 CFR 312.11.

V. Effective Date of Final Action

    Today's action is a proposed rule. The Agency is seeking comment on
the proposal to remove the current reference to the ASTM E1527-05 Phase
I Environmental Site Assessment Standard in the All Appropriate
Inquiries Rule. After considering all public comments received in
response to the proposed action, EPA may publish a final rule that will
result in the removal of the current reference to the ASTM E1527-05
standard. The EPA anticipates that some parties, at the time that EPA
publishes a final rule to remove the reference to the ASTM E1527-05
standard, may still be using the historical standard to comply with the
provisions of all appropriate inquiries. Therefore, the Agency
anticipates providing for a delayed effective date of the final action
to provide parties with an adequate opportunity to complete AAI
investigations that may be ongoing and to become familiar with the
updated industry standard (ASTM E1527-13). EPA proposes an effective
date for removing the reference to ASTM E1527-05 in the AAI rule as one
year after the publication of the final rule. EPA is soliciting
comments on the proposal to delay the effective date of a final rule
removing the reference to the ASTM E1527-05 standard for one year
following publication of the final rule.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed action is not a ``significant regulatory action''
under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This proposed action will not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Burden is defined at 5 CFR 1320.3(b). The current
regulation does not have an information collection burden and

today's action's only change to the regulation is to delete the
reference to a historical standard that recently was replaced with an
updated version of the standard. A final rule referencing the updated
version of the standard was published by EPA on December 30, 2013 (78
FR 79319).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis for any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute; unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small business, small
organizations, and small governmental jurisdictions.
    Today's proposed action does not change the current regulatory
status quo and does not impose any regulatory requirements. After
considering the economic impacts of today's proposed rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    This proposed action contains no Federal mandates under the
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1531-1538 for state, local, or tribal governments or
the private sector. This proposed action imposes no enforceable duty on
any state, local or tribal governments or the private sector. This
proposed action merely removes a reference to a historical voluntary
consensus standard. The proposed action imposes no new regulatory
requirements and will result in no additional burden to any entity.
Therefore, this action is not subject to the requirements of sections
202 or 205 of UMRA.
    As stated above, this proposed rule also is not subject to the
requirements of section 203 of UMRA because it contains no new
regulatory requirements that might significantly or uniquely affect
small governments.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. Today's
proposed action will not substantially change the current regulation;
it merely removes a reference to a historical voluntary consensus
standard. It will not have substantial direct effects 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, as specified in EO 13132. Thus, EO 13132 does not apply
to this rule.
    In the spirit of EO 13132, and consistent with EPA policy to
promote communication between EPA and state and local governments, EPA
specifically solicits comment on this proposed action from state and
local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This proposed action does not have tribal implications, as
specified in EO 13175 (65 FR 67249, November 9, 2000). This proposed
action merely removes a reference to a historical voluntary consensus
standard. Today's proposed action does not change any current
regulatory requirements and therefore will not impose any impacts upon
tribal entities. Thus, EO 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This proposed action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This proposed action is not subject to EO 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action under EO
12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action involves technical standards. Therefore, the
requirements of section 12(d) of the NTTAA (15 U.S.C. 272) apply. The
NTTAA was signed into law on March 7, 1996 and, among other things,
directs the National Institute of Standards and Technology (NIST) to
bring together federal agencies as well as state and local governments
to achieve greater reliance on voluntary standards and decreased
dependence on in-house standards. It states that use of such standards,
whenever practicable and appropriate, is intended to achieve the
following goals: (a) Eliminate the cost to the government of developing
its own standards and decrease the cost of goods procured and the
burden of complying with agency regulation; (b) provide incentives and
opportunities to establish standards that serve national needs; (c)
encourage long-term growth for U.S. enterprises and promote efficiency
and economic competition through harmonization of standards; and (d)
further the policy of reliance upon the private sector to supply
Government needs for goods and services. The Act requires that federal
agencies adopt private sector standards, particularly those developed
by standards developing organizations (SDOs), wherever possible in lieu
of creating proprietary, non-consensus standards.
    Today's proposed rule complies with the NTTAA as it allows persons
conducting all appropriate inquiries to use the procedures included in
the updated ASTM International standard known as Standard E1527-13 and
entitled ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process to comply with the All
Appropriate Inquiries Rule.'' The rule also deletes reference to a
standard that is no longer recognized as current by the standards
developing organization responsible for its development.
    The EPA welcomes comments on this aspect of the proposed
rulemaking.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994), establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high

and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. Today's action merely removes a reference to a historical
voluntary consensus standard and does not impose any new requirements.

List of Subjects in 40 CFR Part 312

    Environmental protection, Administrative practice and procedure,
Hazardous substances.

    Dated: June 6, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations proposes to amend as follows:

PART 312--INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL
APPROPRIATE INQUIRIES

0
1. The authority citation for part 312 continues to read as follows:

    Authority:  Section 101(35)(B) of CERCLA, as amended, 42 U.S.C.
9601(35)(B).

Subpart B--Definitions and References

Sec.  312.11  [Amended]

0
2. Section 312.11 is amended by removing paragraph (a) and
redesignating paragraphs (b) and (c) as paragraphs (a) and (b).

[FR Doc. 2014-14032 Filed 6-16-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54938-54939]
[FR Doc No: 2012-21906]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor and Advocacy, Washington, DC 20549-0213.

Extension:
    Form T-4; OMB Control No. 3235-0107 ; SEC File No. 270-124.
    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for approval.
    Form T-4 (17 CFR 269.4) is a form used by an issuer to apply for an

exemption under Section 304(c) (15 U.S.C. 77ddd (c)) of the Trust
Indenture Act of 1939 (77 U.S.C. 77aaa et seq.). Form T-4 takes
approximately 5 hours per response to prepare and is filed by 3
respondents. We estimate that 25% of the 5 burden hours (1 hour per
response) is prepared by the filer for a total reporting burden of 3
hours (1 hour per response x 3 responses). The remaining 75% of the
burden hours is attributed to outside cost.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the performance of the
functions of the agency, including whether the information will have
practical utility; (b) the accuracy of the agency's estimate of the
burden imposed by the collection of information; (c) ways to enhance
the quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312; or
send an email to<EMAIL_ADDRESS>
    Dated: August 30, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-21906 Filed 9-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Notices]
[Page 19495]
[FR Doc No: 2013-07432]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0295]

Draft Guidance for Industry on Scale-Up and Post-Approval
Changes: Manufacturing Equipment Addendum; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a scale-up and post-approval changes (SUPAC) draft
guidance for industry entitled ``SUPAC: Manufacturing Equipment
Addendum.'' This revised draft document combines and supersedes ``SUPAC
IR/MR: Immediate Release and Modified Release Solid Oral Dosage Forms:
Manufacturing Equipment Addendum,'' published on January 1, 1999; and
``SUPAC-SS: Nonsterile Semisolid Dosage Forms; Manufacturing Equipment
Addendum,'' published as a draft on December 1, 1998. FDA has now
revised the draft manufacturing equipment addenda to remove the
equipment examples and to clarify the types of processes being
referenced.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance and on any other part of the SUPAC guidance series, submit
either electronic or written comments on the draft guidance by July 1,
2013.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft 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: Jon Clark, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a SUPAC draft guidance for
industry entitled ``SUPAC: Manufacturing Equipment Addendum.'' This
revised draft document combines and supersedes the following guidances
for industry: (1) ``SUPAC IR/MR: Immediate Release and Modified Release
Solid Oral Dosage Forms: Manufacturing Equipment Addendum,'' published
on January 1, 1999, and (2) ``SUPAC-SS: Nonsterile Semisolid Dosage
Forms; Manufacturing Equipment Addendum,'' published as draft on
December 1, 1998. When published, these guidances included tables that
listed specific equipment that were misinterpreted as a list of FDA
required equipment. In addition, FDA is concerned that the equipment
addenda may no longer reflect current practices and may be limiting,
instead of encouraging, manufacturers to continually evaluate and
update practices. FDA has removed the tables listing specific
manufacturing equipment from these guidances and combined them into a
single addendum. FDA has also made some changes to clarify the types of
processes being referenced.
    This guidance should be used with the following guidances for
industry to determine what documentation should be submitted to FDA
regarding equipment changes: (1) ``SUPAC-IR: Immediate Release Solid
Oral Dosage Forms--Scale-Up and Post-Approval Changes: Chemistry,
Manufacturing and Controls, In Vitro Dissolution Testing, and In Vivo
Bioequivalence Documentation'' (http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM070636.pdf), (2)
``SUPAC-MR: Modified Release Solid Oral Dosage Forms Scale-Up and Post-
Approval Changes: Chemistry, Manufacturing and Controls; In Vitro
Dissolution Testing and In Vivo Bioequivalence Documentation'' (http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM070640.pdf), and (3) ``SUPAC-SS: Nonsterile Semisolid
Dosage Forms, Scale-Up and Post Approval Changes: Chemistry
Manufacturing and Controls; In Vitro Release Testing and In Vivo
Bioequivalence Documentation'' (http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM070930.pdf).
    As part of a greater effort, FDA is thoroughly reviewing the SUPAC
guidance series to determine how these guidances fit with current
manufacturing practices, including, but not limited to, risk-based
assessment approaches and quality by design principles. These efforts
will also be considered part of the finalization process for this
guidance.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on
manufacturing equipment. 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. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: March 26, 2013.
Peter Lurie,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2013-07432 Filed 3-29-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3140-3141]
[FR Doc No: 2022-01056]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-441, OMB Control No. 3235-0497]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 15c3-4

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information

provided for in Rule 15c3-4 (17 CFR 240.15c3-4) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Rule 15c3-4 requires certain broker-dealers that are registered
with the Commission as OTC derivatives dealers, or who compute their
net capital charges under Appendix E to Rule 15c3-1 (17 CFR 240.15c3-1)
(``ANC firms''), to establish, document, and maintain a system of
internal risk management controls. In addition, security-based swap
dealers (``SBSDs'') that are subject to Rule 18a-1 (17 CFR 240.18a-1)
must comply with Rule 15c3-4 as if they were OTC derivatives dealers.
The Rule sets forth the basic elements for an OTC derivatives dealer,
an ANC firm, or an SBSD to consider and include when establishing,
documenting, and reviewing its internal risk management control system,
which is designed to, among other things, ensure the integrity of an
OTC derivatives dealer's, an ANC firm's, or an SBDS's risk measurement,
monitoring, and management process, to clarify accountability at the
appropriate organizational level, and to define the permitted scope of
the firm's activities and level of risk. The Rule also requires that
management of an OTC derivatives dealer, ANC firm, or SBSD must
periodically review, in accordance with written procedures, the firm's
business activities for consistency with its risk management
guidelines.
    The staff estimates that the average amount of time a new firm
subject to Rule 15c3-4 will spend establishing and documenting its risk
management control system is approximately 2,000 hours (666.666667
hours per year when annualized over three years) and that, on average,
an existing firm subject to Rule 15c3-4 will spend approximately 200
hours each year to maintain (e.g., reviewing and updating) its risk
management control system. Currently, five firms are registered with
the Commission as OTC derivatives dealers, five as ANC firms, and one
as an SBSD. The staff estimates that approximately two new additional
entities may register as OTC derivatives dealers, one new entity may
register as an ANC firm, and two new entities may register as SBSDs
subject to the requirements of Rule 15c3-4 within the next three years.
Thus, the estimated annual burden would be approximately 2,200 hours
for the eleven existing firms (five OTC derivatives dealers, five ANC
firms, and one SBSD) currently required to comply with Rule 15c3-4 to
maintain their risk management control systems,\1\ 3,333 hours for the
five new firms (two new OTC derivatives dealers, one new ANC firm, and
two new SBSDs) to establish and document their risk management control
systems,\2\ and 1,000 hours for the five new firms (two new OTC
derivatives dealers, one new ANC firm, and two new SBSDs) to maintain
their risk management control systems.\3\ Accordingly, the staff
estimates the total annual burden associated with Rule 15c3-4 for the
16 respondents (nine OTC derivatives dealers, six ANC firms, and five
SBSDs) will be approximately 6,533 hours per year.
---------------------------------------------------------------------------

    \1\ (200 hours x 11 firms) = 2200.
    \2\ ((2,000 hours/3 years) x 5 firms) = 3,333.
    \3\ (200 hours x 5 firms) = 1,000.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
    Please direct your written comments to: David Bottom, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549, or send an
email to: [email protected].

    Dated: January 14, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01056 Filed 1-19-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Proposed Rules]
[Pages 25357-25360]
[FR Doc No: 2016-09647]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5598; Directorate Identifier 2016-NM-001-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-22-
02, which applies to certain The Boeing Company Model 747-400, -400D,
and -400F series airplanes. AD 2012-22-02 currently requires measuring
the web at station (STA) 320 and, depending on findings, various
inspections for cracks and missing fasteners, web and fastener
replacement, and related investigative and corrective actions if
necessary. Since we issued AD 2012-22-02, it was determined that there
were no inspection or repair procedures included for airplanes with a
STA 320 crown frame web thickness less than 0.078 inch, or greater than
or equal to 0.084 inch and less than or equal to 0.135 inch. This
proposed AD would require, for certain airplanes, replacement of the
web, including related investigative and corrective actions if
necessary. We are issuing this AD to prevent complete fracture of the
crown frame assembly, and consequent damage to the skin. Such damage
could result in in-flight decompression of the airplane.

DATES: We must receive comments on this proposed AD by June 13, 2016.

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 Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-5598.

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-2016-
5598; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-5598;
Directorate Identifier 2016-NM-001-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 19, 2012, we issued AD 2012-22-02, Amendment 39-17238
(77 FR 69739, November 21, 2012) (``AD 2012-22-02''), for certain The
Boeing Company Model 747-400, -400D, and -400F series airplanes. AD
2012-22-02 requires measuring the web at STA 320 and, depending on
findings, various inspections for cracks and missing fasteners, web and
fastener replacement, and related investigative and corrective actions
if necessary. AD 2012-22-02 resulted from reports of crown frame web
cracking at left buttock line (LBL) 15.0, STA 320. We issued AD 2012-
22-02 to prevent complete fracture of the crown frame assembly, and
consequent damage to the skin and in-flight decompression of the
airplane.

Actions Since AD 2012-22-02 Was Issued

    Since we issued AD 2012-22-02, it was determined that there was no
work included for airplanes with a STA 320 crown frame web thickness
less than 0.078 inch, or greater than or equal to 0.084 inch and less
than or equal to 0.135 inch.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2784, Revision 2,
dated August 20, 2015. The service information describes procedures for
various inspections for cracks and missing fasteners, web and fastener
replacement, and related investigative and corrective actions, if
necessary. 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

    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 in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2012-22-02, this proposed AD would retain certain
requirements of AD 2012-22-02. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraphs (h), (i), and (k) of this proposed AD. This
proposed AD would require accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Between the Proposed AD and the Service Information.''
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-5598.
    The phrase ``related investigative actions'' is used in this
proposed AD. Related investigative actions are follow-on actions that
(1) are related to the primary action, and (2) further investigate the
nature of any condition found. Related investigative actions in an AD
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
Corrective actions correct or address any condition found. Corrective
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    For Boeing Alert Service Bulletin 747-53A2784, Revision 2, dated
August 20, 2015, Table 4: STA 320 Post Web Replacement Inspection of
paragraph 1.E., ``Compliance,'' the conditional action statement does
not include airplanes that were inspected or repaired in accordance
with Part 8 of the Work Instructions. The statement should read: ``All
airplanes that have done the STA 320 crown frame web replacement in
accordance with paragraph 3.B. WORK INSTRUCTIONS, PARTS 5 OR PART 8.''
Paragraph (k) of this proposed AD applies to all airplanes on which a
web replacement is done as required by paragraphs (h), (i), and (j) of
the proposed AD, e.g., the replacement is done as specified in Part 5
or Part 8 of paragraph 3.B., ``Work Instructions,'' of the service
information.

Costs of Compliance

    We estimate that this proposed AD affects 29 airplanes.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                      Labor cost             Parts cost          Cost per product                 Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Measurement, inspection, and web    219 work-hours x $85   Up to $21,887........  Up to $40,502 per      $Up to 1,174,558.
 replacement. [retained actions      per hour = $18,615.                           inspection and
 from AD 2012[dash]22[dash]02].                                                    replacement.
Post-replacement inspection         135 work-hours x $85   $0...................  $11,475 per            $332,775 per inspection cycle.
 [retained actions from AD           per hour = $11,475                            inspection cycle.
 2012[dash]22[dash]02].              per inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this 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 that the 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 removing Airworthiness Directive (AD)
2012-22-02, Amendment 39-17238 (77 FR 69739 November 21, 2012), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2016-5598; Directorate Identifier
2016-NM-001-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by June 13,
2016.

(b) Affected ADs

    This AD replaces AD 2012-22-02, Amendment 39-17238 (77 FR 69739,
November 21, 2012) (``AD 2012-22-02'').

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and
-400F series airplanes, certificated in any category, as specified
in Boeing Alert Service Bulletin 747-53A2784, Revision 2, dated
August 20, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of crown frame web cracking at
left buttock line (LBL) 15.0, station (STA) 320 and a determination
that there were no inspection or repair procedures included in AD
2012-22-02 for airplanes with a STA 320 crown frame web thickness
less than 0.078 inch, or greater than or equal to 0.084 inch and
less than or equal to 0.135 inch. We are issuing this AD to prevent
complete fracture of the crown frame assembly, and consequent damage
to the skin. Such damage could result in in-flight decompression of
the airplane.

(f) Compliance

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

(g) Crown Frame Web Measurement for Certain Airplanes

    For Group 1, Configuration 3 airplanes identified in Boeing
Alert Service Bulletin 747-53A2784, Revision 2, dated August 20,
2015: At the compliance time specified in Table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2784,
Revision 2, dated August 20, 2015, measure the thickness of the
crown frame web at STA 320, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2784, Revision 2, dated August 20, 2015, except as required by
paragraph (l)(2) of this AD. Do all related investigative and
corrective actions at the applicable times specified in Table 2 and
Table 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2784, Revision 2, dated August 20, 2015.

(h) Inspections (Web With No Repair Doubler) and Related Investigative
and Corrective Actions (Including Web Replacement)

    For Group 1, Configuration 1 airplanes identified in Boeing
Alert Service Bulletin 747-53A2784, Revision 2, dated August 20,
2015: For airplanes with a web thickness less than 0.136 inch and no
repair doubler installed on the web, at the time specified in Table
2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2784, Revision 2, dated August 20, 2015, do a
detailed inspection for cracks and a general visual inspection for
missing fasteners of the crown frame web at STA 320; and do all
applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2784, Revision 2, dated August 20, 2015,
except as specified in paragraph (l)(2) of this AD. Do the
applicable related investigative and corrective actions at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2784, Revision 2, dated August
20, 2015.

(i) Inspection (Web With Repair Doubler) and Related Investigative and
Corrective Actions (Including Web Replacement)

    For Group 1, Configuration 1 airplanes identified in Boeing
Alert Service Bulletin 747-53A2784, Revision 2, dated August 20,
2015: For airplanes with a web thickness less than 0.136 inch and a
repair doubler installed on the web, at the time specified in Table
3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2784, Revision 2, dated August 20, 2015, do a
detailed inspection for any crack in the upper chord and lower chord
of the STA 320 crown frame; and do all applicable related
investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2784, Revision 2, dated August 20, 2015, except as specified in
paragraph (l)(2) of this AD. Do the applicable related investigative
and corrective actions at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2784, Revision 2, dated August 20, 2015. At the applicable
compliance time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2784, Revision 2, dated August
20, 2015, except as provided by paragraph (l)(1) of this AD, do the
actions specified in paragraphs (i)(1) and (i)(2) of this AD, and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784,
Revision 2, dated August 20, 2015, except as required by paragraph
(l)(2) of this AD. Do all applicable corrective actions before
further flight.
    (1) Replace the web with a new web and do all applicable related
investigative actions.
    (2) Do a detailed inspection for cracks in the upper or lower
chord of the crown frame web at STA 320.

(j) Web Replacement for Certain Airplanes

    For Group 1, Configuration 2 airplanes identified in Boeing
Alert Service Bulletin 747-53A2784, Revision 2, dated August 20,
2015: At the applicable time specified in Table 5 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2784,
Revision 2, dated August 20, 2015, except as provided by paragraph
(l)(1) of this AD, replace the web, including doing related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2784, Revision 2, dated August 20, 2015, except as required by
paragraph (l)(2) of this AD. Do all applicable related investigative
and corrective actions before further flight.

(k) Post-Replacement Repetitive Inspections of Replaced Web

    Following any web replacement required by this AD, at the time
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2784, Revision 2, dated August 20, 2015: Do a
detailed inspection for cracks of the web, upper chord, lower chord,
and lower chord splice, and do all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2784, Revision 2, dated August 20, 2015,
except as required by paragraph (l)(2) of this AD. Do all applicable
corrective actions before further flight. If no crack is found,
repeat the inspection thereafter at the intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2784, Revision 2, dated August 20, 2015. Accomplishment of
the inspections required by AD 2009-19-05, Amendment 39-16022 (74 FR
48138, September 22, 2009), terminates the requirements of this
paragraph.

(l) Exceptions to the Service Information With Updated Service
Information

    (1) Where Boeing Alert Service Bulletin 747-53A2784, Revision 2,
dated August 20, 2015, specifies a compliance time ``after the
Revision 2 date of the service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2784, Revision 2,
dated August 20, 2015, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (n) of this AD.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraphs (h), (i), and (k) of this AD, if those actions were
performed before December 26, 2012 (the effective date of AD 2012-
22-02), using Boeing Service Bulletin 747-53A2784, dated August 27,
2009, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraphs (h), (i), and (k) of this AD, if those actions were
performed before the effective date of this AD using Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 manager of the ACO, send it to the
attention of the person identified in paragraph (o) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization

Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(o) Related Information

    (1) For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax: 425-91-6590; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-09647 Filed 4-27-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Page 11198]
[FR Doc No: 2018-05101]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-124-000]

T.E.S. Filer City Station Limited Partnership; Consumers Energy
Company; Notice of Petition for Declaratory Order

    Take notice that on March 5, 2018, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2), T.E.S. Filer City Station
Limited Partnership (Filer City) and Consumers Energy Company
(Consumers) (jointly Petitioners) submitted a Petition for Declaratory
Order requesting confirmation that, pursuant to 18 CFR 292.601(c),
sales of energy and capacity from the T.E.S. Filer City Station Plant
(Facility), pursuant to a 1988 power purchase agreement between Filer
City and Consumers (PPA), will continue to be exempt from Federal Power
Act sections 205 and 206, 16 U.S.C. 824d, 824e, after the PPA is
amended in connection with a plan to repower and modernize the
Facility, as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
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 protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on April 4, 2018.

    Dated: March 6, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05101 Filed 3-13-18; 8:45 am]
 BILLING CODE 6717-01-P