[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65122-65125]
[FR Doc No: 2023-20481]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1218; Project Identifier MCAI-2022-01025-A;
Amendment 39-22536; AD 2023-17-10]
RIN 2120-AA64

Airworthiness Directives; Vulcanair S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Vulcanair S.p.A. Model V1.0 airplanes. This AD results from
mandatory continuing airworthiness information (MCAI) originated by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI identifies the unsafe
condition as corrosion on the lower fuselage truss. This AD requires a
detailed visual inspection of the right-hand (RH) and left-hand (LH)
lower rear attachments of the fuselage truss for

corrosion, a tactile inspection of the lower rear attachments for
missing sealant, and a general visual inspection of the lower fuselage
truss welded pipes for corrosion and the related rivets for missing
stems and, depending on findings, additional inspections and actions
(including a tap test) and applicable corrective actions. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 26, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 26,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1218; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the MCAI, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Vulcanair S.p.A., via G. Pascoli, 7, 80026 Casoria (NA), Italy;
phone: +39<PHONE_NUMBER>; email: [email protected]; website:
support.vulcanair.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-1218.

FOR FURTHER INFORMATION CONTACT: John DeLuca, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516)
228-7369; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Vulcanair
S.p.A. Model V1.0 airplanes. The NPRM published in the Federal Register
on June 27, 2023 (88 FR 41510). The NPRM was prompted by AD 2022-0155,
dated August 1, 2022 (referred to after this as the MCAI), issued by
the European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. The MCAI
states that there have been reports of corrosion on the lower fuselage
truss on two Vulcanair Model V1.0 airplanes. Missing sealant or missing
rivet stems were determined to be the root cause of corrosion by
allowing water ingress into the lower fuselage truss. In both reported
cases, corrosion was externally visible, having penetrated the
thickness of the pipes. However, corrosion could be present inside the
pipes and remain undetected without proper inspection. This condition,
if not detected and corrected, could result in loss of control of the
airplane.
    In the NPRM, the FAA proposed to require a detailed visual
inspection of the RH and LH lower rear attachments of the fuselage
truss for corrosion, a tactile inspection of the lower rear attachments
for missing sealant, and a general visual inspection of the lower
fuselage truss welded pipes for corrosion and the related rivets for
missing stems and, depending on findings, additional inspections and
actions (including a tap test) and applicable corrective actions. The
FAA is issuing this AD to address the unsafe condition on these
products. The unsafe condition, if not addressed, could result in loss
of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1218.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Vulcanair S.p.A. Service Bulletin No. VA-22,
Revision 0, dated June 15, 2022 (Vulcanair SB VA-22). This service
information specifies procedures for inspections of the lower fuselage
truss for corrosion, missing sealant, and missing rivet stems; and, in
case of findings, additional inspections and actions to detect
corrosion, including a tap test and raising the airplane nose. This
service information specifies to contact Vulcanair for corrective
actions.
    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 ADDRESSES.

Differences Between This AD and the MCAI

    Although Vulcanair SB VA-22, which is referenced in the MCAI,
specifies that ``in case of doubts, raise the aircraft nose and audibly
detect the presence of corrosion residues inside the fuselage truss,''
this AD does not require that action.
    Paragraph (1) of the MCAI states to ``accomplish a general visual
and tactile inspection of the right-hand (RH) and left-hand (LH) lower
rear attachments of the fuselage truss'' in accordance with the
instructions of Part A of Vulcanair SB VA-22. However, step 14, Part A,
of Vulcanair SB VA-22 specifies to do a detailed visual inspection. In
email communication between EASA and the FAA, EASA clarified that this
should be a detailed visual inspection performed in accordance with the
procedures specified in Vulcanair SB VA-22; therefore, this AD requires
a detailed visual inspection of the RH and LH lower rear attachments of
the fuselage truss for corrosion.
    The MCAI requires contacting the manufacturer for approved
corrective action instructions if any corrosion is found on the lower
fuselage truss. This AD requires contacting either the Manager,
International Validation Branch, FAA; or EASA; or Vulcanair's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

Costs of Compliance

    The FAA estimates that this AD affects 17 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Detailed visual inspection and        8 work-hours x $85 per               $0             $680          $11,560
 tactile inspection of the RH and LH   hour = $680.
 lower rear attachments, and a
 general visual inspection of the
 pipes.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the required
inspections.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove sealant and detailed inspection of       4 work-hours x $85 per hour =                 $0            $340
 inner face of longitudinal tubes connected to   $340.
 lower rear attachments.
Detailed visual inspection and tap test of the  4 work-hours x $85 per hour =                  0             340
 lower fuselage truss pipes.                     $340.
Installation of plug P/N 5034-011 on RH and LH  0.50 work-hour x $85 per hour =              130          172.50
 lower rear attachments.                         $42.50.
----------------------------------------------------------------------------------------------------------------

    The corrective action instructions that may be needed as a result
of these inspections could vary significantly from airplane to
airplane. The FAA has no data to determine the costs to accomplish
those corrective actions or the number of airplanes that might need
these corrective actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-17-10 Vulcanair S.p.A.: Amendment 39-22536; Docket No. FAA-
2023-1218; Project Identifier MCAI-2022-01025-A.

(a) Effective Date

    This airworthiness directive (AD) is effective October 26, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Vulcanair S.p.A. Model V1.0 airplanes, serial
numbers (S/Ns) 1001 through 1034 inclusive, except S/Ns 1008 and
1019, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5311, Fuselage Main,
Frame.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as corrosion on
the lower fuselage truss. The FAA is issuing this AD to address the
unsafe condition. The unsafe condition, if not addressed, could
result in loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 100 hours time-in-service or 12 months after the
effective date of this AD, whichever occurs first, do a detailed
visual inspection of the right-hand (RH) and left-hand (LH) lower
rear attachments of the fuselage truss for corrosion, a tactile
inspection of the RH and LH lower rear attachments of the fuselage
truss for missing sealant, a general visual inspection of the pipes
on the lower fuselage truss for corrosion, and a general visual
inspection of the pipes on the lower fuselage truss for rivets with
missing stems, in accordance with steps 13 and 14 of Part A, in Part
2, Work Procedure, of Vulcanair S.p.A. Service Bulletin No. VA-22,
Revision 0, dated June 15, 2022 (Vulcanair SB VA-22).
    (1) If, during the inspections required by the introductory text
of paragraph (g) of this AD, no missing sealant and no corrosion of

the LH and RH lower rear attachments are detected, and no corrosion
and no missing rivet stems of the lower fuselage truss pipes are
detected, before further flight, install part number (P/N) 5034-011
plugs on both the RH and LH rear attachments, in accordance with
step 16 of Part A, in Part 2, Work Procedure, of Vulcanair SB VA-22.
After installation of the plugs, no further action is required by
this AD.
    (2) If, during the inspections required by the introductory text
of paragraph (g) of this AD, corrosion, missing sealant, or missing
rivet stems are detected, before further flight, do the following as
applicable:
    (i) If corrosion or missing sealant is detected during the
detailed visual inspection or tactile inspection of the RH and LH
lower rear attachments, remove any sealant, and do a detailed visual
inspection for corrosion in accordance with step 26 of Part B, in
Part 2, Work Procedure, of Vulcanair SB VA-22.
    (ii) If corrosion or missing rivet stems are detected during the
general visual inspection of the lower fuselage truss pipes, do a
detailed visual inspection and tap test for corrosion in accordance
with steps 27 and 28 of Part B, in Part 2, Work Procedure, of
Vulcanair SB VA-22.
    (3) If, during any inspection required by paragraph (g)(2) of
this AD, any corrosion is detected on the lower fuselage truss,
before further flight, contact the Manager, International Validation
Branch, FAA; or European Union Aviation Safety Agency (EASA); or
Vulcanair's EASA Design Organization Approval (DOA) for corrective
action instructions and do the corrective actions. If approved by
the DOA, the approval must include the DOA-authorized signature.
    (4) If, during the inspections required by paragraph (g)(2) of
this AD, no corrosion is detected, before further flight, apply
sealant on rivets with absent stems, restore as necessary the
sealant inside the RH and LH lower rear attachments, and install
plugs P/N 5034-011 on both the RH and LH rear attachments, in
accordance with the instructions in steps 31 and 32 of Part B, in
Part 2, Work Procedure, of Vulcanair SB VA-22.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (j)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email. 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.

(j) Additional Information

    (1) Refer to EASA AD 2022-0155, dated August 1, 2022, for
related information. This EASA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2023-1218.
    (2) For more information about this AD, contact John DeLuca,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email:
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Vulcanair S.p.A. Service Bulletin No. VA-22, Revision 0,
dated June 15, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Vulcanair S.p.A., via G. Pascoli, 7, 80026 Casoria (NA), Italy;
phone: +39<PHONE_NUMBER>; email: [email protected]; website:
support.vulcanair.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-20481 Filed 9-20-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14002-14003]
[FR Doc No: 2022-05175]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2079-111]

Placer County Water Agency; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Types of Application: Non-capacity amendment of license.
    b. Project No.: 2079-111.
    c. Date Filed: January 27, 2022.
    d. Applicants: Placer County Water Agency.
    e. Name of Projects: Middle Fork American River.
    f. Location: Placer and El Dorado Counties, California on the
Middle Fork of the American River, the Rubicon River, and Duncan Creek
and North and South Fork Long Canyon creeks.
    g. Filed Pursuant to: 18 CFR 4.200.
    h. Applicant Contact: General Manager, Placer County Water Agency,
P.O. Box 6750, Auburn, CA 95604,<PHONE_NUMBER>.
    i. FERC Contact: David Rudisail,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, protests,
and recommendations is 30 days from the issuance date of this notice by
the Commission. The Commission strongly encourages electronic filing.
Please file motions to intervene, protests, comments, or
recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2079-111. Comments emailed to Commission
staff are not considered part of the Commission record.
    k. Description of Request: Placer County Water Agency proposes to
install two pneumatic crest gates within the existing spillway, two
micro-hydro units that will charge a battery pack for operation of the
gates, and downstream fish passage structures. The modifications are
necessary to comply with requirements of the project license issued
June 8, 2020.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov/docs-filing/efiling.asp.
Enter the docket number excluding the last three digits in the docket
number field to access the document. You may also register online at
http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'', as applicable; (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or

intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, motions to intervene or
protests must set forth their evidentiary basis and otherwise comply
with the requirements of 18 CFR 4.34(b). All comments, motions to
intervene or protests should relate to project works which are the
subject of the license proposed re-development. 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: March 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-05175 Filed 3-10-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Page 13871]
[FR Doc No: 2013-04744]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER11-4628-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits third
informational compliance filing apprising Commission of progress in
developing tariff changes allowing loads to provide both price
responsive demand and supply-side demand response.
    Filed Date: 2/14/13.
    Accession Number: 20130214-5165.
    Comments Due: 5 p.m. ET 3/7/13.

    Docket Numbers: ER13-356-002.
    Applicants: ISO New England Inc.
    Description: Gas Pipeline Info. Sharing Compliance Filing to be
effective 1/24/2013.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5050.
    Comments Due: 5 p.m. ET 3/15/13.

    Docket Numbers: ER13-966-000.
    Applicants: Citadel Energy Strategies LLC.
    Description: Cancellation of market-based rates tariff. to be
effective 2/22/2013.
    Filed Date: 2/21/13.
    Accession Number: 20130221-5095.
    Comments Due: 5 p.m. ET 3/14/13.

    Docket Numbers: ER13-967-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2013-02-21 Local Market Power Mitigation 2 to be
effective 5/1/2013.
    Filed Date: 2/21/13.
    Accession Number: 20130221-5117.
    Comments Due: 5 p.m. ET 3/14/13.

    Docket Numbers: ER13-968-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Filing of an Amendment to Transmission Upgrade
Agreement to be effective 2/25/2013.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5028.
    Comments Due: 5 p.m. ET 3/15/13.

    Docket Numbers: ER13-969-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position W3-048, Original Service Agreement No.
3509 to be effective 1/23/2013.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5041.
    Comments Due: 5 p.m. ET 3/15/13.

    Docket Numbers: ER13-970-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 02-22-2013 SA 2514 GRE-MP Little Falls T-T IA to be
effective 2/23/2013.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5048.
    Comments Due: 5 p.m. ET 3/15/13.

    Docket Numbers: ER13-971-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 02-22-2013 SA 2513 GRE-MP Southdale-Scearcyville T-T
IA to be effective 2/23/2013.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5057.
    Comments Due: 5 p.m. ET 3/15/13.

    Docket Numbers: ER13-972-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.15: Cancellation of U3-013 Interim ISA ? Original SA No. 3240 to be
effective 1/23/2013.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5070.
    Comments Due: 5 p.m. ET 3/15/13.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA13-2-000.
    Applicants: Idaho Power Company.
    Description: Idaho Power Company submits Annual Compliance Report
on Operational Penalty Assessments and Distributions.
    Filed Date: 2/22/13.
    Accession Number: 20130222-5080.
    Comments Due: 5 p.m. ET 3/15/13.

    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: February 22, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-04744 Filed 2-28-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33119-33122]
[FR Doc No: 2021-13395]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI56

Addition of Certain Entities to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the Export Administration Regulations
(EAR) by adding five entities to the Entity List. These five entities
have been determined by the United States Government to be acting
contrary to the foreign policy interests of the United States and will
be listed on the Entity List under the destination of the People's
Republic of China (China).

DATE: This rule is effective June 24, 2021.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (supplement no. 4 to part 744 of the EAR)
identifies entities reasonably believed to be involved in, or to pose a
significant risk of being or becoming involved in, activities contrary
to the national security or foreign policy interests of the United
States. The Export Administration Regulations (EAR) (15 CFR parts 730-
774) impose additional license requirements on, and limit the
availability of most license exceptions for, exports, reexports, and
transfers (in country) to listed entities. The license review policy
for each listed entity is identified in the ``License review policy''
column on the Entity List, and the impact on the availability of
license exceptions is described in the relevant Federal Register
document adding entities to the Entity List. BIS places entities on the
Entity List pursuant to part 744 (Control Policy: End-User and End-Use
Based) and part 746 (Embargoes and Other Special Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.

ERC Entity List Decisions

Additions to the Entity List

    This rule implements the decision of the ERC to add five entities
to the Entity List. The five entities are being added based on Sec.
744.11 (License requirements that apply to entities acting contrary to
the national security or foreign policy interests of the United States)
of the EAR. The five entities are located in China.
    The ERC reviewed and applied Sec.  744.11(b) (Criteria for revising
the Entity List) in making the determination to add these five entities
to the Entity List. Under that paragraph, persons for whom there is
reasonable cause to believe, based on specific and articulable facts,
that they have been involved, are involved, or pose a significant risk
of being or becoming involved in, activities that are contrary to the
national security or foreign policy interests of the United States,
along with those acting on behalf of such persons, may be added to the
Entity List. Paragraphs (b)(1) through (b)(5) of Sec.  744.11 provide
an illustrative list of activities that could be contrary to the
national security or foreign policy interests of the United States.
    For each of the five entities described below, the ERC made the
requisite determination under the standard set forth in Sec.
744.11(b). Specifically, the ERC determined that the subject entities
are engaging in or enabling activities contrary to U.S. foreign policy
interests. These entities have been implicated in human rights
violations and abuses in the implementation of China's campaign of
repression, mass arbitrary detention, forced labor and high-technology
surveillance against Uyghurs, Kazakhs, and other members of Muslim
minority groups in the Xinjiang Uyghur Autonomous Region. Specifically,
the ERC determined that Xinjiang GCL New Energy Material Technology,
Co. Ltd; Xinjiang Daqo New Energy, Co. Ltd; Xinjiang East Hope
Nonferrous Metals Co. Ltd.; Hoshine Silicon Industry (Shanshan) Co.,
Ltd.; and Xinjiang Production and Construction Corps are engaging in
activities contrary to the foreign policy interests of the United
States through participating in the practice of, accepting, or
utilizing forced labor.

    Pursuant to Sec.  744.11(b) of the EAR, the ERC has determined that
the conduct of these five entities raises sufficient concern that prior
review of exports, reexports or transfers (in-country) of all items
subject to the EAR involving these entities, and the possible
imposition of license conditions or license denials on shipments to
these entities, will enhance BIS's ability to prevent items subject to
the EAR from being used in activities contrary to the foreign policy
interests of the United States.
    For the five entities identified above that are being added to the
Entity List, BIS imposes a license requirement for all items subject to
the EAR and a license review policy of case-by-case review for Export
Control Classification Numbers (ECCNs) 1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983, and 2E983. A policy of case-by-case
review also applies to items designated as EAR99 that are described in
the Note to ECCN 1A995, specifically, items for protection against
chemical or biological agents that are consumer goods, packaged for
retail sale or personal use, or medical products. Additionally, in
light of the current global pandemic, BIS has adopted a policy of case-
by-case review for items subject to the EAR that are necessary to
detect, identify and treat infectious disease. BIS has adopted a
license review policy of presumption of denial for all other items
subject to the EAR. In addition, no license exceptions are available
for exports, reexports, or transfers (in-country) to the entities being
added to the Entity List in this rule. The acronym ``a.k.a.'' or `also
known as' is used in entries on the Entity List to identify aliases,
thereby assisting exporters, reexporters and transferors in identifying
entities on the Entity List.
    This final rule adds the following five entities to the Entity
List:

People's Republic of China

     Hoshine Silicon Industry (Shanshan) Co., Ltd.;
     Xinjiang Daqo New Energy, Co. Ltd;
     Xinjiang East Hope Nonferrous Metals Co. Ltd.;
     Xinjiang GCL New Energy Material Technology, Co. Ltd; and
     Xinjiang Production and Construction Corps.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or for export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country) on June 24, 2021, pursuant
to actual orders for export, reexport, or transfer (in-country) to a
foreign destination, may proceed to that destination under the previous
eligibility for a License Exception or export or reexport without a
license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C.
Sections 4801-4852. ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.

Rulemaking Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    Notwithstanding any other provision of law, no person is required
to respond to or be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications, and carries a burden estimate of
29.6 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
    This rule does not contain policies with federalism implications as
that term is defined in Executive Order 13132.
    Pursuant to section 1762 of the Export Control Reform Act of 2018,
this action is exempt from the Administrative Procedure Act (5 U.S.C.
553) requirements for notice of proposed rulemaking, opportunity for
public participation, and delay in effective date.
    Because a notice of proposed rulemaking and an opportunity for
public comment are not required for this rule by 5 U.S.C. 553, or by
any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
2. Supplement No. 4 to part 744 is amended under CHINA, PEOPLE'S
REPUBLIC OF, by adding in alphabetical order, entries for ``Hoshine
Silicon Industry (Shanshan) Co., Ltd.'', ``Xinjiang Daqo New Energy,
Co. Ltd'', ``Xinjiang East Hope Nonferrous Metals Co. Ltd.'',
``Xinjiang GCL New Energy Material Technology, Co. Ltd'', and
``Xinjiang Production and Construction Corps''.
    The additions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                             License  review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CHINA, PEOPLE'S                                                * * * * * *
 REPUBLIC OF.
                         Hoshine Silicon Industry      For all items        Case-by-case       86 FR [INSERT FR
                          (Shanshan) Co., Ltd.,         subject to the       review for ECCNs   PAGE NUMBER] 6/
                          a.k.a., the following one     EAR. (See Sec.       1A004.c,           24/2021.
                          alias:                        744.11 of the        1A004.d, 1A995,
                         --Hesheng Silicon Industry     EAR).                1A999.a, 1D003,
                          (Shanshan) Co., Ltd.                               2A983, 2D983,
                          Xinjiang East: West of                             and 2E983, and
                          Kekeya Road, Stone                                 for EAR99 items
                          Industrial Park, Shanshan                          described in the
                          County, Turpan City,                               Note to ECCN
                          Xinjiang (Hesheng                                  1A995; case-by-
                          Industrial Park), China.                           case review for
                                                                             items necessary
                                                                             to detect,
                                                                             identify and
                                                                             treat infectious
                                                                             disease; and
                                                                             presumption of
                                                                             denial for all
                                                                             other items
                                                                             subject to the
                                                                             EAR.
                                                               * * * * * *
                         Xinjiang Daqo New Energy,     For all items        Case-by-case       86 FR [INSERT FR
                          Co. Ltd., a.k.a., the         subject to the       review for ECCNs   PAGE NUMBER] 6/
                          following three aliases:      EAR. (See Sec.       1A004.c,           24/2021.
                         --Xinjiang Great New Energy    744.11 of the        1A004.d, 1A995,
                          Co., Ltd.;                    EAR).                1A999.a, 1D003,
                         --Xinjiang Daxin Energy Co.,                        2A983, 2D983,
                          Ltd.; and                                          and 2E983, and
                         --Xinjiang Daqin Energy Co.,                        for EAR99 items
                          Ltd.                                               described in the
                         Shihezi Development Zone                            Note to ECCN
                          Chemical New Material                              1A995; case-by-
                          Industrial Park; and No.                           case review for
                          16, Weiliu Road, New                               items necessary
                          Chemical Material                                  to detect,
                          Industrial Park, Shihezi                           identify and
                          Economic Development Zone,                         treat infectious
                          Xinjiang China.                                    disease; and
                                                                             presumption of
                                                                             denial for all
                                                                             other items
                                                                             subject to the
                                                                             EAR.
                         Xinjiang East Hope            For all items        Case-by-case       86 FR [INSERT FR
                          Nonferrous Metals Co. Ltd.,   subject to the       review for ECCNs   PAGE NUMBER] 6/
                          a.k.a., the following one     EAR. (See Sec.       1A004.c,           24/2021.
                          alias:                        744.11 of the        1A004.d, 1A995,
                         --Xinjiang Nonferrous.         EAR).                1A999.a, 1D003,
                         Wucaiwan Industrial Park,                           2A983, 2D983,
                          Zhundong Economic and                              and 2E983, and
                          Technological Development                          for EAR99 items
                          Zone, Changji Prefecture,                          described in the
                          Xinjiang (Cainan                                   Note to ECCN
                          Community); and Jimsar                             1A995; case-by-
                          County, Changji Hui                                case review for
                          Autonomous Prefecture,                             items necessary
                          Xinjiang Uygur Autonomous                          to detect,
                          Region, Wucaiwan Coal,                             identify and
                          Electricity and Coal                               treat infectious
                          Chemical Base, China.                              disease; and
                                                                             presumption of
                                                                             denial for all
                                                                             other items
                                                                             subject to the
                                                                             EAR.
                         Xinjiang GCL New Energy       For all items        Case-by-case       86 FR [INSERT FR
                          Material Technology, Co.      subject to the       review for ECCNs   PAGE NUMBER] 6/
                          Ltd., a.k.a., the following   EAR. (See Sec.       1A004.c,           24/2021.
                          one alias:                    744.11 of the        1A004.d, 1A995,
                         --Xinjiang GCL New Energy      EAR).                1A999.a, 1D003,
                          Materials Technology Co.,                          2A983, 2D983,
                          Ltd.                                               and 2E983, and
                         East Section of Hengsi Road,                        for EAR99 items
                          Quanbei Industrial Zone,                           described in the
                          Hongsha, Zhundong Economic                         Note to ECCN
                          and Technological                                  1A995; case-by-
                          Development Zone, Changji                          case review for
                          Prefecture, Xinjiang                               items necessary
                          (Jijihu Community); and                            to detect,
                          East Part, the 4th                                 identify and
                          Horizontal Road, North                             treat infectious
                          Hongshaquan Industrial                             disease; and
                          park, Zhundong Economic and                        presumption of
                          Technological Development                          denial for all
                          Zone, Changji, Xinjiang,                           other items
                          China.                                             subject to the
                                                                             EAR.
                                                               * * * * * *
                         Xinjiang Production and       For all items        Case-by-case       86 FR [INSERT FR
                          Construction Corps (XPCC),    subject to the       review for ECCNs   PAGE NUMBER] 6/
                          a.k.a., the following three   EAR. (See Sec.       1A004.c,           24/2021.
                          aliases:                      744.11 of the        1A004.d, 1A995,
                         --XPCC;                        EAR).                1A999.a, 1D003,
                         --Xinjiang Corps; and                               2A983, 2D983,
                         --Bingtuan.                                         and 2E983, and
                         Urumqi, Xinjiang Uyghur                             for EAR99 items
                          Autonomous Region, China.                          described in the
                                                                             Note to ECCN
                                                                             1A995; case-by-
                                                                             case review for
                                                                             items necessary
                                                                             to detect,
                                                                             identify and
                                                                             treat infectious
                                                                             disease; and
                                                                             presumption of
                                                                             denial for all
                                                                             other items
                                                                             subject to the
                                                                             EAR.

                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-13395 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-33-P


COARSE PARTICULATE MATTER MEETING JEFF HOLMSTEAD FEBRUARY 2, 2005 Background/ Introduction   This meeting builds upon an earlier meeting in October, 2003 and a follow on with OAQPS in August, 2004, to discuss revision of the ambient air quality standards for coarse particulate matter ( PM( 10 2.5) or PMc).

  In these meetings our concerns have addressed questions surrounding the scientific and technical basis to go forward with a PMc standard at this time.

  In particular, we have highlighted the existence of serious regional compliance problems with such a standard largely resulting from fugitive dust emissions, particularly in the West. 1   Up until yesterday, the context for our discussion was the first draft Staff Paper ( SP), which raised particular concerns resulting from broad ranges for recommended standards that did not appear to reflect the limitations of the scientific data for PMc, as reported in the PM Criteria Document ( CD) and related deliberations of the Clean Air Scientific Advisory Committee ( CASAC).

  The PM CD is now complete. The new draft SP sets the stage for further interaction between CASAC and OAR and provides an opportunity for us to highlight our evolving concerns.

  The current PM10 standards are 50 ug/ m3 ( annual) and 150 ug/ m3 ( 24 hour). The new draft SP recommends consideration of a new 24 hour PMc standard at 75 or 85 ug/ m3. It also states that an annual standard " could" be considered as part of the " margin of safety," and that the data might support a 24 hour standard as low as 30 ug/ m3, though that would give great weight to " very limited and uncertain" epidemiological evidence.

Coarse Particulate Matter Discussion Points Annual standard. There is no rational basis for an annual standard for PMc. Both CASAC and the PM Criteria Document recognize that there are no long term health data for PMc. A new standard cannot be justified on the basis of adding a " margin of safety" when a primary threat to public health has not been shown.

24 hour standard. EPA should consider options less stringent than those recommended for 24 hour PMc standards. Both CASAC and the PM CD conclude that the epidemiological evidence for PMC is indeed " very limited and uncertain." The final CASAC report on the PM CD expresses continuing concern with the limits of the PMc data, and three key CASAC members expressly question whether the data are sufficient to support any standard.

1 This is a long standing issue that OAR has been well aware of for many years. 2 PM10 equivalence. The new draft SP justifies the 24 hour recommendation in part as " about as protective as" the current 24 hour standard for PM10. However, at least three key CASAC members already have abandoned the " equivalent standard" approach, questioning whether any standard is justified. Further, emissions data presented to CASAC indicates that standards at the recommended levels would be more stringent than the current PM10 standards at some operations.

Crustal material. EPA should consider special treatment of PMc emissions consisting primarily of crustal material. CASAC and the final PM CD recognize that PM emissions consisting primarily of crustal material have not been shown to be harmful at current exposure levels. The new SP recommendations do not appear to take this finding into account.

Further discussion. We would appreciate an opportunity to discuss these issues in more detail upon further review of the new draft SP.

131422_ 1. DOC


45816 Federal Register / Vol. 68, No. 149 / Monday, August 4, 2003 / Notices Abstract: Title II of the Clean Air Act requires engine manufacturers to obtain a certificate of conformity with applicable emission standards for each engine prototype before they may legally introduced their products into commerce. The Act also mandates EPA to verify that manufacturers have successfully translated their certified engine prototypes into mass produced engines and that these engines comply with emission standards throughout their useful lives. Under the Production Line Testing ( PLT) Program, manufacturers test a sample of engines as they leave the assembly line. This self audit program allows manufacturers to monitor compliance with statistical certainty and minimize the cost of correcting errors through early detection. Under the Voluntary In use Testing Program, manufacturers test engines after a number of years of use to verify that the engines comply with emission standards throughout their useful lives. Under the spark ignition engine emissions rule, codified at 40 CFR part 90, only Phase 2 SI engines are elegible to participate in the PLT and the In use Programs. Engine manufacturers can choose to participate in either the PLT Program or the In use Program. Sections 206( b) and 213( d) of the Act also mandate that EPA conduct testing of a sample of certified engines to determine if these engines do in fact conform with the applicable emission regulations. Under the Selective Enforcement Audit ( SEA) Program, EPA selects a number of engines to be taken directly from the assembly line and tested according to EPA specifications. These audits are performed to ensure that test data submitted by manufacturers is reliable and testing is performed according to EPA regulations. All SI engine manufacturers are subject to be audited. Participation in the SEA program is mandatory. The information requested by this information collection is used to enforce different provisions of the Act and maintain the integrity of the overall emissions reduction program. Data generated through the PLT, In use and SEA programs may be used to evaluate future applications for certification, to identify potential issues, and as basis to suspend or revoke the certificate of conformity of those engines that fail. There are recordkeeping requirements in all programs. The information is collected by the Engine Programs Group, Certification and Compliance Division, Office of Transportation and Air Quality, Office of Air and Radiation. Confidentiality of proprietary information submitted by manufacturers is granted in accordance with the Freedom of Information Act, EPA regulations at 40 CFR part 2, and class determinations issued by EPA's Office of General Counsel. 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 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments 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.

TABLE I.   BURDEN STATEMENT PLT In use SEA Estimated Total Burden Hours .............................................................................. 6,709 ..................... 1,410 ..................... 1,056 Estimated Average Burden Hours/ Response ....................................................... 1,677 ..................... 705 ........................ 528 Frequency of Response ........................................................................................ Quarterly ............... On occasion .......... On occasion Number of Respondents ....................................................................................... 5 ............................ 2 ............................ 2 Total Annual Cost ( Industry wide) ......................................................................... $ 1,129,021 ............ $ 54,927 ................. $ 36,907 Total Annual Capital and Start Up Cost ............................................................... 0 ............................ 0 ............................ 0 Total Annual Operation and Maintenance Costs .................................................. $ 14,170 ................. $ 3,260 ................... $ 480 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; 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. Dated: July 23, 2003. Robert Brenner, Acting Assistant Administrator, Office of Air and Radiation. [ FR Doc. 03   19747 Filed 8   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7538   7]

Advisory Committee for Regulatory Negotiation Concerning All Appropriate Inquiry; Meeting AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency, as required by the Federal Advisory Committee Act ( Pub. L. 92   463), is announcing the date and location of an upcoming meeting of the Negotiated Rulemaking Committee On All Appropriate Inquiry.

DATES: A meeting of the Federal Advisory Committee on Regulatory Negotiation for All Appropriate Inquiry is scheduled for September 9 and September 10, 2003. The meeting will take place at the EPA East Building, 1201 Constitution Avenue NW., Washington, DC 20460. The meeting is scheduled to begin at 8: 30 a. m. and end at 4: 30 p. m. on both days. Dates and locations of subsequent meetings will be announced in later notices.

VerDate jul< 14> 2003 19: 01 Aug 01, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 04AUN1. SGM 04AUN1 45817 Federal Register / Vol. 68, No. 149 / Monday, August 4, 2003 / Notices FOR FURTHER INFORMATION CONTACT: Persons needing further information should contact Patricia Overmeyer of EPA's Office of Brownfields Cleanup and Redevelopment, 1200 Pennsylvania Ave., NW., Mailcode 5105T, Washington, DC 20460, ( 202) 566   2774, or overmeyer. patricia@ epa. gov. SUPPLEMENTARY INFORMATION: Under the Small Business Liability Relief and Brownfields Revitalization Act, EPA is required to develop standards and practices for carrying out all appropriate inquiry. The Federal Advisory Committee meeting is for the purpose of negotiating the contents of a proposed regulation setting federal standards and practices for conducting all appropriate inquiry. At its meeting on September 9 and 10, 2003, the Committee will continue substantive deliberations on the proposed rulemaking including discussion of the criteria established by Congress in the Small Business Liability Relief and Brownfields Revitalization Act amendments to CERCLA ( 101)( 35)( B)( iii). On the morning of September 9, 2003, there will be a presentation to the Committee on the administrative and analytical requirements that must be completed by the Agency when developing a proposed rule. All meetings of the Negotiated Rulemaking Committee are open to the public. There is no requirement for advance registration for members of the public who wish to attend or make comments at the meeting. Opportunity for the general public to address the Committee will be provided starting at 2: 30 p. m. on both September 9 and September 10, 2003.

Dated: July 28, 2003. Thomas P. Dunne, Associate Assistant Administrator, Office of Solid Waste and Emergency Response. [ FR Doc. 03   19745 Filed 8   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7538   6]

Draft Brownfield Grants Guidelines AGENCY: Environmental Protection Agency. ACTION: Notice of public meeting.

SUMMARY: The Environmental Protection Agency ( EPA) is holding a public meeting to discuss EPA's draft of the fiscal year 2004 Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants ( Brownfield Grants Guidelines). The purpose of the public meeting is for EPA's Office of Brownfields Cleanup and Redevelopment to listen to the views of public stakeholders on the Agency's draft Brownfield Grants Guidelines. During the public meeting, EPA officials will discuss the draft Guidelines. EPA will make the draft Brownfield Grants Guidelines available to the public on the Agency's Web site at http:// www. epa. gov/ brownfields on August 25, 2003. Interested stakeholders and the public are encouraged to download and review the draft guidelines prior to the public meeting. DATES: The public meeting will be held from 10 a. m.   12 noon on September 8, 2003. ADDRESSES: The public meeting will be held in Room 1153 EPA East Building at 1201 Constitution Avenue, NW, Washington, DC. Those parties that wish to submit written comments on the draft Brownfield Grants Guidelines must submit their comments to EPA no later than September 8, 2003. To ensure that EPA has adequate time to consider any written comments, the Agency encourages parties to submit their comments to the Agency in electronic format. Electronic comments may be submitted to EPA's Office of Brownfields Cleanup and Redevelopment at bf. comments@ epa. gov. Parties wishing to submit their comments via the United States Postal Service should address their comments to: Ms. Becky Brooks, U. S. Environmental Protection Agency, Office of Brownfields Cleanup and Redevelopment, MC   5105T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. Hand deliveries should be sent to Ms. Becky Brooks, U. S. Environmental Protection Agency, Office of Brownfields Cleanup and Redevelopment, Room 2406, 1301 Constitution Avenue, NW, Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: For additional information, contact EPA's Office of Brownfields Cleanup and Redevelopment at 202   566   2777. SUPPLEMENTARY INFORMATION: The FY2004 Brownfield Grants Guidelines will be issued under section 104( k) of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA) as amended by the Small Business Liability Relief and Brownfields Revitalization Act, Public Law 107   118 ( SBLRBRA). Guidelines for grant programs are exempt from notice and comment requirements under 5 U. S. C. 553( a)( 2). However, the Agency has decided that consultation with public stakeholders prior to issuing the final version of the Brownfield Grants Guidelines is an appropriate step in effectively implementing the Brownfields Law. The meeting is open to the general public. Parties wishing to provide their views to EPA on the draft FY04 Guidelines, or to listen to the views of other parties, are strongly encouraged to attend the public meeting. Interested parties not able to attend the public meeting on September 8, 2003, may submit written comments to the Agency. All written comments must be received by the Agency no later than September 8, 2003. The Agency will carefully consider comments received during the public meeting, as well as written comments received on or before September 8, 2003, prior to issuing final Brownfield Grants Guidelines in September 2003. However, due to the need to provide the final Guidelines to potential applicants promptly, EPA does not plan to respond in writing to written comments.

Dated: July 28, 2003. Linda Garczynski, Director, Office of Brownfields Cleanup and Redevelopment. [ FR Doc. 03   19746 Filed 8   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7538   8]

Final Reissuance of the National Pollutant Discharge Elimination System ( NPDES) Storm Water Construction General Permit for the Commonwealth of Massachusetts and Indian Country in Massachusetts AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of Final Reissuance of NPDES Storm Water Construction General Permits.

SUMMARY: This action provides notice of the reissuance of the Final National Pollutant Discharge Elimination System ( NPDES) Storm Water Construction General Permit for the Commonwealth of Massachusetts and Indian country within the Commonwealth of Massachusetts. DATES: Today's action shall be effective August 4, 2003. The permit will expire five years from the effective date. ADDRESSES: The final permit is based on an administrative record. The administrative record for the final construction general permit is available for inspection and copying at the Water Docket, located at the EPA Docket Center in the basement of the EPA West VerDate jul< 14> 2003 19: 01 Aug 01, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 04AUN1. SGM 04AUN1