[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Page 18582]
[FR Doc No: 2013-06996]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1107-000]

FM Energy Scheduling, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of FM Energy Scheduling, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is April 10, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 21, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-06996 Filed 3-26-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Rules and Regulations]
[Pages 25019-25021]
[FR Doc No: 2014-10110]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0006; FRL-9910-34-Region 3]

Approval and Promulgation of Implementation Plans; Virginia;
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia through the Virginia Department of Environmental Quality
(DEQ). Virginia's SIP revision addresses requirements of the Clean Air
Act (CAA) and EPA's rules that require states to submit periodic
reports describing progress towards reasonable progress goals (RPGs)
established for regional haze and a determination of the adequacy of
the state's existing implementation plan addressing regional haze
(regional haze SIP). EPA is approving Virginia's SIP revision on the
basis that it addresses the progress report and adequacy determination
requirements for the first implementation period for regional haze.

DATES: This final rule is effective on June 2, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0006. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of
Virginia's submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 25, 2014 (79 FR 10451), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. In the NPR,
EPA proposed approval of Virginia's progress report SIP, a report on
progress made in the first implementation period towards RPGs for Class
I areas in the Commonwealth and Class I areas outside the Commonwealth
that are affected by emissions from Virginia's sources. This progress
report SIP and accompanying cover letter also included a determination
that Virginia's existing regional haze SIP requires no substantive
revision to achieve the established regional haze visibility
improvement and emissions reduction goals for 2018.
    States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP. On October 4, 2010, Virginia DEQ submitted the
Commonwealth's first regional haze SIP in accordance with the
requirements of 40 CFR 51.308.\1\ The progress report SIP revision was
submitted by Virginia on November 8, 2013 and EPA finds that it
satisfies the requirements of 40 CFR 51.308(g) and 308(h).
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    \1\ On June 13, 2012, EPA finalized a limited approval of
Virginia's October 4, 2010 regional haze SIP to address the first
implementation period for regional haze (77 FR 35287). In a separate
action, published on June 7, 2012 (77 FR 33642), EPA finalized a
limited disapproval of the Virginia regional haze SIP because of the
Commonwealth's reliance on the Clean Air Interstate Rule (CAIR) to
meet certain regional haze requirements, which EPA replaced in
August 2011 with the Cross-State Air Pollution Rule (CSAPR) (76 FR
48208, August 8, 2011). In the aforementioned June 7, 2012 action,
EPA finalized a Federal Implementation Plan (FIP) for Virginia to
replace the Commonwealth's reliance on CAIR with reliance on CSAPR.
Following these EPA actions, the DC Circuit issued a decision in EME
Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012),
cert. granted 133 U.S. 2857 (2013) vacating CSAPR and keeping CAIR
in place pending the promulgation of a valid replacement rule. EPA
believes that the EME Homer City decision impacts the reasoning that
formed the basis for EPA's limited disapproval of Virginia's
regional haze SIP based on Virginia's reliance upon CAIR and expects
to propose an appropriate action regarding the limited approval and
limited disapproval of the regional haze SIP upon final resolution
of EME Homer City.
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II. Summary of SIP Revision

    On November 8, 2013, Virginia submitted a SIP revision to address
progress made towards RPGs of Class I areas in the Commonwealth and
Class I areas outside the Commonwealth that are affected by emissions
from Virginia's sources. This progress report SIP also includes a
determination of the adequacy of the Commonwealth's existing regional
haze SIP.
    Virginia has two Class I areas within its borders: James River Face
Wilderness Area (James River) and Shenandoah National Park
(Shenandoah). Virginia mentions in the progress report SIP that
Virginia sources were also identified, through an area of influence
modeling analysis based on back trajectories, as potentially impacting
nine Class I areas in five neighboring states: Dolly Sods Wilderness
Area in West Virginia; Great Smoky Mountains National Park and Joyce
Kilmer--Slickrock Wilderness Area in North Carolina and Tennessee;
Linville Gorge, Shining Rock and Swanquarter Wilderness Areas in North
Carolina; Cohutta and Wolf Island Wilderness Areas in Georgia; and Cape
Romaine Wilderness Area in South Carolina.
    The provisions in 40 CFR 51.308(g) require a progress report SIP to
address seven elements. EPA finds that Virginia's progress report SIP
addressed each element under 40 CFR 51.308(g). The seven elements and
EPA's conclusion are briefly summarized below; however, the detailed
rationale for EPA's action is explained in the NPR and will not be
restated here. No adverse public comments were received on the NPR.
    The provisions in 40 CFR 51.308(g) require progress report SIPs to
include a description of the status of measures in the approved
regional haze SIP; a summary of emissions reductions achieved; an
assessment of visibility conditions for each Class I area in the state;
an analysis of changes in emissions from sources and activities within
the state; an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; an
assessment of the sufficiency of the approved regional

haze SIP; and a review of the state's visibility monitoring strategy.
As explained in detail in the NPR, EPA finds that Virginia's progress
report SIP addressed each element and has therefore satisfied the
requirements under 40 CFR 51.308(g).
    In addition, pursuant to 40 CFR 51.308(h), states are required to
submit, at the same time as the progress report SIP, a determination of
the adequacy of their existing regional haze SIP and to take one of
four possible actions based on information in the progress report. One
possible action is submission of a negative declaration to EPA that no
further substantive revision to the state's existing regional haze SIP
is needed. In its progress report SIP, Virginia submitted a negative
declaration that it had determined that the existing regional haze SIP
requires no further substantive revision to achieve the RPGs for Class
I areas affected by Virginia's sources. As explained in detail in the
NPR, EPA concludes Virginia has adequately addressed 40 CFR 51.308(h)
because the visibility data trends at the Class I areas impacted by the
Commonwealth's sources and the emissions trends of the Commonwealth's
largest emitters of visibility-impairing pollutants both indicate that
the Commonwealth's RPGs for 2018 will be met or exceeded. Therefore,
EPA concludes Virginia's progress report SIP meets the requirements of
40 CFR 52.308(h).

III. Final Action

    EPA is approving Virginia's Regional Haze five-year progress report
SIP revision, submitted November 8, 2013, as meeting the applicable
regional haze requirements as set forth in 40 CFR 51.308(g) and
51.308(h).

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts . . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
PSD, NSR, or Title V program consistent with the Federal requirements.
In any event, because EPA has also determined that a state audit
privilege and immunity law can affect only state enforcement and cannot
have any impact on Federal enforcement authorities, EPA may at any time
invoke its authority under the CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions
of the state plan, independently of any state enforcement effort. In
addition, citizen enforcement under section 304 of the CAA is likewise
unaffected by this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

A. General Requirements

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

     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 1, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action to approve Virginia's regional haze five-year progress
report SIP revision may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

    Dated: April 21, 2014.
W. C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by adding an
entry for Regional Haze Five-Year Progress Report at the end of the
table to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Regional Haze Five-Year Progress   Statewide..........         11/8/13  5/2/14 [Insert page
 Report.                                                                 number where the
                                                                         document begins].
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[FR Doc. 2014-10110 Filed 5-1-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Proposed Rules]
[Pages 28530-28533]
[FR Doc No: 2012-11214]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2012-0485; Notice No. 23-12-01-SC]

Special Conditions: Tamarack Aerospace Group, Cirrus Model SR22;
Active Technology Load Alleviation System (ATLAS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Tamarack
Aerospace Group's modification to the Cirrus Model SR22 airplane. This
airplane as modified by Tamarack will have a novel or unusual design
feature(s) associated with Tamarack Aerospace Group's modification. The
design change will install winglets and an Active Technology Load
Alleviation System (ATLAS). The addition of the ATLAS mitigates the
negative effects of the winglets by effectively aerodynamically turning
off the winglet under limit gust and maneuver loads. This is
accomplished by measuring the aircraft loading and moving a small
aileron-like device called a Tamarack Active Control Surface (TACS).
The TACS movement reduces lift at the tip of the wing, resulting in the
wing center of pressure moving inboard, thus reducing bending stresses
along the wing span. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These proposed special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send your comments on or before June 14, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0485
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m., and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For sections 23.301 through 23.629
(structural requirements), contact Mr. Mike Reyer; telephone (816) 329-
4131. For sections 23.672 through 23.701 (control system requirements),
contact Mr. Ross Schaller; telephone<PHONE_NUMBER>. The address and
facsimile for both Mr. Reyer and Mr. Schaller is: Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust, Kansas City, Missouri 64106; facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On February 15, 2011, Tamarack Aerospace Group applied for a
supplemental type certificate for installation of winglets and an
Active Technology Load Alleviation System (ATLAS) on the Cirrus Model
SR 22 (serial numbers 0002-2333, 2335-2419, and 2421-2437). The Cirrus
model SR22 is a certified, single reciprocating engine, four-passenger,
composite airplane.
    The installation of winglets, as proposed by Tamarack, increases
aerodynamic efficiency. However, the winglets by themselves also
increase wing static loads and the wing fatigue stress ratio, which
under limit gust and maneuver loads factors may exceed the certificated
wing design limits. The addition of ATLAS mitigates the negative
effects of the winglets by effectively aerodynamically turning off the
winglet at elevated gust and maneuver loads factors.
    The ATLAS functions as a load-relief system. This is accomplished
by measuring aircraft loading via an accelerometer, and by moving a
small aileron-like device called a Tamarack Active Control Surface
(TACS) that reduces lift at the tip of the wing. Because the ATLAS
compensates for the increased wing root bending at elevated load
factors, the overall effect of this modification is that the winglet
can be

added to the Cirrus wing without the traditionally required
reinforcement of the existing structure. This is the first application
of an active loads alleviation system on a part 23 aircraft and the
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature.

Type Certification Basis

    Under the provisions of Sec.  21.101, Tamarack Aerospace Group must
show that the Cirrus Model SR22, as changed, continues to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate Data Sheet A00009CH or the applicable regulations in
effect on the date of application for the change. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.'' The regulations
incorporated by reference in Type Certificate Data Sheet A00009CH
(Serial Numbers (S/Ns) 0002 through 2333, 2335 through 2419, and 2421
through 2437) are as follows:

14 CFR Part 23 of the Federal Aviation Regulations, effective February
1, 1965, as amended by 23-1 through 23-53, except as follows:

    14 CFR 23.301 through Amendment 42
    14 CFR 23.855, 23.1326, 23.1359 not applicable
    14 CFR Part 36, dated December 1, 1969, as amended by 36-1
through 36-22

Except for:

    Increase in amendment level from the Cirrus Model SR22
certification basis for regulation 14 CFR 23.301 through Amendment
23-42 to: 14 CFR 23.301 through Amendment 23-48.

Addition of regulation 14 CFR 23.1306 through Amendment 23-61.
Addition of regulation 14 CFR 23.1308 through Amendment 23-57.
Change in Cirrus model SR22 certification basis for regulation 14 CFR
23.1359 through Amendment 23-49 from: Not Applicable to: Applicable.
Equivalent Level of Safety (ELOS) Findings
ACE-96-5 for 14 CFR Section 23.221 (Spinning); Refer to FAA Memorandum,
dated June 10, 1998, for models SR20, SR22.
ACE-00-09 for 14 CFR 23.1143(g) (Engine Controls) and 23.1147(b)
(Mixture Controls); Refer to FAA Memorandum, dated September 11, 2000,
for model SR22.
ACE-01-01 for 14 CFR 23.1143(g) (Engine Controls) and 23.1147(b)
(Mixture Controls); Refer to FAA Memorandum, dated February 14, 2001,
for model SR20.
Special Conditions
23-ACE-88 for ballistic parachute, for models SR20, SR22.
23-134-SC for protection of systems for High Intensity Radiated Fields
continued: (HIRF), for models SR20, SR22.
23-163-SC for inflatable restraint system. Addition to the
certification basis model SR20 effective S/N 1541 and subsequent; model
SR22 S/N 1500, 1520 and subsequent.

    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the SR22 because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the SR22 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The SR22 will incorporate the following novel or unusual design
features:
    Winglets with an Active Technology Load Alleviation System (ATLAS)
that incorporates a small aileron-like device called a Tamarack Active
Control Surface (TACS).

Discussion

    Tamarack has applied for a Supplemental Type Certificate to install
a winglet and ATLAS. The ATLAS is not a primary flight control system,
a trim device, or a wing flap. However, there is definite applicability
to ATLAS for several regulations under part 23, Subpart D--Control
Systems, which might otherwise be considered ``Not Applicable'' under a
strict interpretation of the regulations. Other conditions may be
developed, as needed, based on further FAA review and discussions with
the manufacturer.
    Special conditions are also necessary for the effect of ATLAS on
structural performance. These special conditions are intended to
provide an equivalent level of safety for ATLAS as intended by part 23,
Subpart C--Structure, and portions of part 23, Subpart D--Design and
Construction.

Applicability

    As discussed above, these special conditions are applicable to the
SR22 (S/Ns 0002 thru 2333, 2335 thru 2419, and 2421 thru 2437). Should
Tamarack Aerospace Group apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate Data
Sheet A00009CH to incorporate the same novel or unusual design feature,
the special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability and
it affects only the applicant who applied to the FAA for approval of
these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Cirrus Model SR22 airplanes (S/Ns 0002 through 2333, 2335 through
2419, and 2421 through 2437) modified by Tamarack Aerospace Group.
1. Active Load Alleviation Systems--Structural Requirements
    (A) The following special conditions apply to airplanes equipped
with load alleviation systems that either directly, or as a result of
failure or malfunction, affect structural performance. These special
conditions address the direct structural consequences of the system
responses and performances and cannot be considered in isolation but
should be included in the overall safety evaluation of the airplane.
Any statistical or probability terms used in the following special
conditions apply to the structural requirements only and do not
replace, remove, or supersede other requirements, including those in
part 23, subpart E. These criteria are only

applicable to structure whose failure could prevent continued safe
flight and landing.
    (B) In addition to the requirements in 14 CFR part 23, Sec.  23.301
Loads, comply with the following:

SC 23.301 Loads, Probability of Failure of Load Alleviation System

    (a) Failures of the load alleviation system, including the
annunciation system, must be immediately annunciated to the pilot or
annunciated prior to the next flight. Failure of the load alleviation
system, including the annunciation system, must be no greater than 1 x
10-5 per flight hour.
    (b) If failure of the load alleviation system, including the
annunciation system, is greater than 1 x 10-8 per flight
hour, an independent system functional test must be accomplished at a
periodic interval to limit time exposure to an undetected failed
system. The time interval for the system functional test must be
selected so that the product of the time interval in hours and the
failure of the load alleviation system, including the annunciation
system, is no greater than 1 x 10-5 per hour.
    (c) Failures of the load alleviation system, including the
annunciation system, must be reported to the FAA in a manner acceptable
to the Administrator.
    (C) In place of the requirements in 14 CFR part 23, 23.303 Factor
of Safety, comply with the following:

SC 23.303 Factor of Safety, Load Alleviation Systems

    The airplane must be able to withstand the limit and ultimate loads
resulting from the following scenarios:
    (a) The loads resulting from 14 CFR 23, 23.321 through 23.537, as
applicable, corresponding to a fully operative load alleviation system.
A factor of safety of 1.5 must be applied to determine ultimate loads.
    (b) If an independent system functional test is required by SC
23.301(b), the loads resulting from 14 CFR 23, 23.321 through 23.537,
as applicable, corresponding to the system in the failed state without
additional flight limitations or reconfiguration of the airplane. A
factor of safety of 1.0 must be applied to determine ultimate loads.
    (c) The loads corresponding to the time of occurrence of load
alleviation system failure and immediately after the failure. These
loads must be determined at any speed up to VNE, starting
from 1g level flight conditions, and considering realistic scenarios,
including pilot corrective actions. A factor of safety of 1.5 must be
applied to determine ultimate loads.
    (d) For airplanes equipped with ``before the next flight'' failure
annunciation systems, the loads resulting from 14 CFR 23, 23.321
through 23.537, as applicable, corresponding to the system in the
failed state without additional flight limitations or reconfiguration
of the airplane. A factor of safety of 1.25 must be applied to
determine ultimate loads.
    (e) For airplanes equipped with ``immediate'' failure annunciation
systems, the loads resulting from 14 CFR 23, 23.321 through 23.537, as
applicable, corresponding to the system in the failed state with
additional flight limitations or reconfiguration of the airplane. A
factor of safety of 1.0 must be applied to determine ultimate loads.
    (D) In addition to the requirements in 14 CFR 23, 23.571 through
23.574, comply with the following:

SC 23.571 Through SC 23.574 Fatigue and Damage Tolerance

    If any system failure would have a significant effect on the
fatigue or damage evaluations required in Sec. Sec.  23.571 through
23.574, then these effects must be taken into account. If an
independent system functional test is required by SC 23.301(b), the
effect on fatigue and damage evaluations resulting from the selected
inspection interval must be taken into account.
    (E) In addition to the requirements in 14 CFR 23, 23.629 Flutter,
comply with the following:

SC 23.629 Flutter

    (a) With the load alleviation system fully operative, compliance to
14 CFR 23, 23.629 must be shown. Compliance with Sec.  23.629(f) must
include the ATLAS control system and control surface.
    (b) At the time of occurrence of load alleviation system failure
and immediately after the failure, compliance with 14 CFR 23, 23.629
(a) and (e) must be shown up to VD/MD without
consideration of additional operating limitations or reconfiguration of
the airplane.
    (c) For airplanes equipped with ``before the next flight'' failure
annunciation systems and the load alleviation system in the failed
state, compliance to 14 CFR 23, 23.629 Flutter, paragraphs (a) and (e),
must be shown up to VD/MD without consideration
of additional operating limitations or reconfiguration of the airplane.
    (d) For airplanes equipped with ``immediate'' failure annunciation
systems and the load alleviation system in the failed state, compliance
to 14 CFR 23, 23.629 Flutter, paragraphs (a) and (e), must be shown
with consideration of additional operating limitations or
reconfiguration of the airplane at speeds up to VD = 1.4 x
maximum speed limitation selected by the applicant.
2. Active Load Alleviation Systems--Control System Requirements
    (A) In place of 14 CFR part 23, Sec.  23.672 Stability augmentation
and automatic and power-operated systems requirement, comply with the
following:

SC 23.672 Load Alleviation Systems

    The load alleviation system must comply with the following:
    (a) A warning, which is clearly distinguishable to the pilot under
expected flight conditions without requiring the pilot's attention,
must be provided for any failure in the load alleviation system or in
any other automatic system that could result in an unsafe condition if
the pilot was not aware of the failure. Warning systems must not
activate the control system.
    (b) The design of the load alleviation system or of any other
automatic system must permit initial counteraction of failures without
requiring exceptional pilot skill or strength, by either the
deactivation of the system or a failed portion thereof, or by
overriding the failure by movement of the flight controls in the normal
sense.
    (c) It must be shown that, while the system is active or after any
single failure of the load alleviation system--
    (1) The airplane is safely controllable when the failure or
malfunction occurs at any speed or altitude within the approved
operating limitations that is critical for the type of failure being
considered;
    (2) The controllability and maneuverability requirements of this
part are met within a practical operational flight envelope (for
example, speed, altitude, normal acceleration, and airplane
configuration) that is described in the Airplane Flight Manual (AFM);
and
    (3) The trim, stability, and stall characteristics are not impaired
below a level needed to permit continued safe flight and landing.
    (B) In place of 14 CFR part 23, 23.677 Trim systems requirement,
comply with the following:

SC 23.677 Load Alleviation Active Control Surface

    (a) Proper precautions must be taken to prevent inadvertent,
improper, or abrupt Tamarack Active Control Surface (TACS) operation.

    (b) The load alleviation system must be designed so that, when any
one connecting or transmitting element in the primary flight control
system fails, adequate longitudinal control for safe flight and landing
is available.
    (c) The load alleviation system must be irreversible unless the
TACS is properly balanced and has no unsafe flutter characteristics.
The system must have adequate rigidity and reliability in the portion
of the system from the tab to the attachment of the irreversible unit
to the airplane structure.
    (d) It must be demonstrated that the airplane is safely
controllable and that the pilot can perform all maneuvers and
operations necessary to effect a safe landing following any probable
powered system runaway that reasonably might be expected in service,
allowing for appropriate time delay after pilot recognition of the
system runaway. The demonstration must be conducted at critical
airplane weights and center of gravity positions.
    (C) In place of 14 CFR part 23, 23.683 Operation tests requirement,
comply with the following:

SC 23.683 Operation Tests

    (a) It must be shown by operation tests that, when the load
alleviation system is active and operational and loaded as prescribed
in paragraph (b) of this section, the system is free from--
    (1) Jamming;
    (2) Excessive friction; and
    (3) Excessive deflection.
    (b) The prescribed test loads are, for the entire system, loads
corresponding to the limit airloads on the appropriate surface.
    (D) In place of 14 CFR part 23, 23.685 Control system details
requirement, comply with the following:

SC 23.685 Control System Details

    (a) Each detail of the Tamarack Active Control Surface (TACS) must
be designed and installed to prevent jamming, chafing, and interference
from cargo, passengers, loose objects, or the freezing of moisture.
    (b) There must be means in the cockpit to prevent the entry of
foreign objects into places where they would jam any one connecting or
transmitting element of the system.
    (c) Each element of the load alleviation system must have design
features, or must be distinctively and permanently marked, to minimize
the possibility of incorrect assembly that could result in
malfunctioning of the control system.
    (E) In place of 14 CFR part 23, 23.697 Wing flap controls
requirement, comply with the following:

SC 23.697 Load Alleviation System Controls

    (a) The Tamarack Active Control Surface (TACS) must be designed so
that, when the surface has been placed in any position, it will not
move from that position unless the control is adjusted or is moved by
the automatic operation of a load alleviation system.
    (b) The rate of movement of the TACS in response to the automatic
device must give satisfactory flight and performance characteristics
under steady or changing conditions of airspeed, engine power, and
attitude.
    (F) In place of 14 CFR part 23, 23.701 Flap interconnection
requirement, comply with the following:

SC 23.701 Load Alleviation System Interconnection

    (a) The load alleviation system and related movable surfaces as a
system must--
    (1) Be synchronized by a mechanical interconnection between the
movable surfaces; or by an approved equivalent means; or
    (2) Be designed so that the occurrence of any failure of the system
that would result in an unsafe flight characteristic of the airplane is
extremely improbable; or
    (b) The airplane must be shown to have safe flight characteristics
with any combination of extreme positions of individual movable
surfaces.

    Issued in Kansas City, Missouri, on May 2, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-11214 Filed 5-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Notices]
[Pages 70854-70855]
[FR Doc No: 2012-28641]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension: Rule 17a-25; OMB Control No. 3235-0540, SEC File No. 270-
482.

    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'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in Rule 17a-25 (17 CFR
204.17a-25) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.).
    Paragraph (a)(1) of Rule 17a-25 requires registered broker-dealers
to electronically submit securities transaction information, including
identifiers for prime brokerage arrangements, average price accounts,
and depository institutions, in a standardized format when requested by
the Commission staff. In addition, Paragraph (a)(3)(c) of Rule 17a-25
requires broker-dealers to submit, and keep current, contact person
information for electronic blue sheets (``EBS'') requests. The
Commission uses the information for enforcement inquiries or
investigations and trading reconstructions, as well as for inspections
and examinations.
    The Commission estimates that it sends approximately 7169
electronic blue sheet requests per year to clearing broker-dealers, who
in turn submit an average 87,454 responses.\1\ It is estimated that
each broker-dealer who responds electronically will take 8 minutes, and
each broker-dealer who responds manually will take 1\1/2\ hours to
prepare and submit the securities trading data requested by the
Commission. The annual aggregate hour burden for electronic and manual
response firms is estimated to be 11,780 (87,454 x 8 / 60 = 11,660
hours) + (80 x 1.5 = 120 hours), respectively.\2\ In addition, the
Commission estimates that it will request 500 broker-dealers to supply
the contact information identified in Rule 17a-25(c) and estimates the
total aggregate burden hours to be 125. Thus, the annual aggregate
burden for all respondents to the collection of information
requirements of Rule 17a-25 is estimated at 11,905 hours (11,660 + 120
+ 125).
---------------------------------------------------------------------------

    \1\ A single EBS request has a unique number assigned to each
request (e.g. ``0900001''). However, the number of broker-dealer
responses generated from one EBS request can range from one to
several thousand. EBS requests are sent directly to clearing firms,
as the clearing firm is the repository for trading data for
securities transactions information provided by itself and
correspondent firms. Clearing brokers respond for themselves and
other firms they clear for.
    \2\ Few of respondents submit manual EBS responses. The small
percentage of respondents that submit manual responses do so by
hand, via email, spreadsheet, disk, or other electronic media. Thus,
the number of manual submissions (80) has minimal effect on the
total annual burden hours.
---------------------------------------------------------------------------

    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.

    Background documentation for this information collection may be
viewed at the following Web site: www.reginfo.gov.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC, 20503 or by sending an email to<EMAIL_ADDRESS>and (ii) 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>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: November 20, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28641 Filed 11-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56612-56618]
[FR Doc No: C1-2013-20351]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 2, 24, 30, 70, 90, 91, and 188

[Docket No. USCG-2011-0363]
RIN 1625-AC03 (Formerly RIN 1625-AB71)

Seagoing Barges

Correction

    In rule document 2013-20351 appearing on pages 53285-53336 in the
issue of Thursday, August 29, 2013, make the following corrections:

Sec.  24.05-1  [Corrected]

0
(1) On page 53304, above footnote ``1'' insert the heading
``Footnotes:''.

Sec.  30.01-5  [Corrected]

0
(2) On page 53312, in footnote ``9'' in the first line, ``. . .''
should read ``* * *''.

Sec.  188.05-1  [Corrected]

0
(3) Beginning on page 53328, Table 188.05-1(a) is corrected to read as
set forth below:

                                                                    Table 188.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Vessels inspected
                                                       and certificated    Vessels inspected                                            Vessels subject
                                  Vessels inspected  under Subchapter H--   and certificated   Vessels subject to  Vessels subject to  to the provisions
Method of propulsion, qualified   and certificated   Passenger Vessels 2  under Subchapter I--  the provisions of   the provisions of  of Subchapter O--
by size or other limitation \1\   under Subchapter   3 4 5 or Subchapter       Cargo and         Subchapter C--      Subchapter U--     Certain Bulk and
                                   D--Tank Vessels      K or T--Small        Miscellaneous         Uninspected        Oceanographic    Dangerous Cargoes
                                         \2\         Passenger Vessels 2      Vessels 2 5       Vessels 2 3 6 7 8   Vessels 2 3 6 7 9         \10\
                                                             3 4
Column 1                         Column 2..........  Column 3...........  Column 4...........  Column 5..........  Column 6..........  Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except    All vessels         (i) All vessels      All vessels >15      All vessels not     None.               All vessels
 seagoing motor vessels >=300     carrying            carrying more than   gross tons           covered by                              carrying cargoes
 gross tons.                      combustible or      12 passengers on     carrying freight-    columns 2, 3, 4,                        in bulk that are
                                  flammable liquid    an international     for-hire, except     and 6.                                  listed in part
                                  cargo in bulk.\5\   voyage, except       those covered by                                             153, table 1, or
                                                      recreational         columns 2 and 3.                                             part 154, table
                                                      vessels not          All vessels                                                  4, or unlisted
                                                      engaged in           carrying dangerous                                           cargoes that
                                                      trade.\7\            cargoes, when                                                would otherwise
                                                                           required by 46 CFR                                           be subject to
                                                                           part 98.                                                     these parts.\12\
                                                     (ii) All vessels
                                                      <100 gross tons
                                                      that--

                                                     (A) Carry more than
                                                      6 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more than
                                                      6 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more than
                                                      6 passengers and
                                                      are ferries.
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry 16
                                                      or fewer persons
                                                      in addition to the
                                                      crew.
                                                     (C) Fishing vessels
                                                      not engaged in
                                                      ocean or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(2) Motor, seagoing motor        All vessels         (i) All vessels      All vessels,         All vessels not     All vessels         All vessels
 vessels >=300 gross tons.        carrying            carrying more than   including            covered by          engaged in          carrying cargoes
                                  combustible or      12 passengers on     recreational         columns 2, 3, 4,    oceanographic       in bulk that are
                                  flammable liquid    an international     vessels, not         6, and 7.           research.           listed in part
                                  cargo in bulk.\5\   voyage, except       engaged in trade.                                            153, table 1, or
                                                      recreational         This does not                                                part 154, table
                                                      vessels not          include vessels                                              4, or unlisted
                                                      engaged in           covered by columns                                           cargoes that
                                                      trade.\7\            2 and 3, and                                                 would otherwise
                                                                           vessels engaged in                                           be subject to
                                                                           the fishing                                                  these parts.\12\
                                                                           industry.

                                                     (ii) All ferries
                                                      <100 gross tons
                                                      carrying more than
                                                      6 passengers and
                                                      all ferries >=100
                                                      gross tons that
                                                      carry at least 1
                                                      passenger.
                                                     (iii) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry 16
                                                      or fewer persons
                                                      in addition to the
                                                      crew.
                                                     (C) Fishing vessels
                                                      not engaged in
                                                      ocean or coastwise
                                                      service may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
(3) Non-self-propelled vessels   All vessels         (i) All vessels      All manned barges    All barges          None.               All tank barges
 <100 gross tons.                 carrying            that--               except those         carrying                                carrying cargoes
                                  combustible or     (A) Carry more than   covered by columns   passengers or                           listed in Table
                                  flammable liquid    6 passengers-for-    2 and 3.             passengers-for-                         151.05 of this
                                  cargo in bulk.\5\   hire whether                              hire except those                       chapter or
                                                      chartered or not,                         covered by column                       unlisted cargoes
                                                      or.                                       3.                                      that would
                                                     (B) Carry more than                                                                otherwise be
                                                      6 passengers when                                                                 subject to part
                                                      chartered with the                                                                151.1 11 12
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and is a
                                                      submersible
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on
                                                      an international
                                                      voyage..
                                                     (F) Carry more than
                                                      6 passengers and
                                                      are ferries..
(4) Non-self-propelled vessels   All vessels         (iii) All vessels    All seagoing barges  All barges          All seagoing        All tank barges
 >=100 gross tons.                carrying            that--               except a seagoing    carrying            barges engaged in   carrying cargoes
                                  combustible or     (A) Carry more than   barge that is        passengers or       oceanographic       listed in Table
                                  flammable liquid    12 passengers-for-   covered by column    passengers-for-     research.           151.05 of this
                                  cargo in bulk.\5\.  hire whether         2 or 3, or that is   hire except those                       chapter or
                                                      chartered or not,    unmanned for the     covered by                              unlisted cargoes
                                                      or.                  purposes of          columns 3 and 6.                        that would
                                                     (B) Carry more than   operating or                                                 otherwise be
                                                      12 passengers when   navigating the                                               subject to part
                                                      chartered with the   barge, and that                                              151.1 11 12
                                                      crew provided, or.   carries neither a
                                                     (C) Carry more than   hazardous material
                                                      12 passengers when   as cargo nor a
                                                      chartered with no    flammable or
                                                      crew provided, or.   combustible
                                                     (D) Carry at least    liquid, including
                                                      1 passenger-for-     oil, in bulk
                                                      hire and is a        quantities of 250
                                                      submersible          barrels or more.
                                                      vessel.\7\.
                                                     (E) Carry more than
                                                      12 passengers on
                                                      an international
                                                      voyage..
                                                     (F) Carry at least
                                                      1 passenger and
                                                      are ferries..

(5) Sail \13\ vessels <=700      All vessels         (i) All vessels      All vessels          All vessels not     None.               All vessels
 gross tons.                      carrying            carrying more than   carrying dangerous   covered by                              carrying cargoes
                                  combustible or      12 passengers on     cargoes, when        columns 2, 3, 4,                        in bulk that are
                                  flammable liquid    an international     required by 46 CFR   and 6.                                  listed in part
                                  cargo in bulk.\5\   voyage, except       part 98.                                                     153, table 1, or
                                                      recreational                                                                      part 154, table
                                                      vessels not                                                                       4, or unlisted
                                                      engaged in                                                                        cargoes that
                                                      trade.\7\                                                                         would otherwise
                                                     (ii) All vessels                                                                   be subject to
                                                      <100 gross tons                                                                   these parts.\12\
                                                      that--.
                                                     (A) Carry more than
                                                      6 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or.
                                                     (B) Carry more than
                                                      6 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\.
                                                     (E) Carry more than
                                                      6 passengers and
                                                      are ferries..
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--.
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or.
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or.
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\.
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries..
                                                     (iv) These
                                                      regulations do not
                                                      apply to--.
                                                     (A) Recreational
                                                      vehicles not
                                                      engaged in trade..
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry 16
                                                      or fewer persons
                                                      in addition to the
                                                      crew..
                                                     (C) Fishing
                                                      vessels, not
                                                      engaged in ocean
                                                      or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\.
(6) Sail \13\ vessels >700       All vessels         (i) All vessels      All vessels          None.               None.               All vessels
 gross tons.                      carrying            carrying             carrying dangerous                                           carrying cargoes
                                  combustible or      passengers or        cargoes, when                                                in bulk that are
                                  flammable liquid    passengers-for-      required by 46 CFR                                           listed in part
                                  cargo in bulk.\5\   hire, except         part 98.                                                     153, table 1, or
                                                      recreational                                                                      part 154, table
                                                      vessels.\7\                                                                       4, or unlisted
                                                     (ii) All ferries                                                                   cargoes that
                                                      that carry at                                                                     would
                                                      least 1 passenger..

                                                                                otherwise be
                                                                                subject to these
                                                                                parts.\12\
(7) Steam, vessels <=19.8        All vessels         (i) All vessels      All tugboats and     All vessels not     None.               All vessels
 meters (65 feet) in length.      carrying            carrying more than   towboats. All        covered by                              carrying cargoes
                                  combustible or      12 passengers on     vessels carrying     columns 2, 3, 4,                        in bulk that are
                                  flammable liquid    an international     dangerous cargoes,   and 6.                                  listed in part
                                  cargo in bulk.\5\   voyage, except       when required by                                             153, table 1, or
                                                      recreational         46 CFR part 98.                                              part 154, table
                                                      vessels not                                                                       4, or unlisted
                                                      engaged in                                                                        cargoes that
                                                      trade.\7\                                                                         would otherwise
                                                     (ii) All vessels                                                                   be subject to
                                                      <100 gross tons                                                                   these parts.\12\
                                                      that--.
                                                     (A) Carry more than
                                                      6 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or.
                                                        (B) Carry more
                                                         than 6
                                                         passengers when
                                                         chartered with
                                                         the crew
                                                         provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more than
                                                      6 passengers and
                                                      are ferries.
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vessels not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry 16
                                                      or fewer persons
                                                      in addition to the
                                                      crew.
                                                     (C) Fishing vessels
                                                      not engaged in
                                                      ocean or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\

(8) Steam, vessels >19.8 meters  All vessels         (i) All vessels      All vessels not      None.               All vessels         All vessels
 (65 feet) in length.             carrying            carrying more than   covered by columns                       engaged in          carrying cargoes
                                  combustible or      12 passengers on     2, 3, 6, and 7.                          oceanographic       in bulk that are
                                  flammable liquid    an international                                              research.           listed in part
                                  cargo in bulk.\5\   voyage, except                                                                    153, table 1, or
                                                      recreational                                                                      part 154, table
                                                      vessels not                                                                       4, or unlisted
                                                      engaged in                                                                        cargoes that
                                                      trade.\7\                                                                         would otherwise
                                                     (ii) All vessels                                                                   be subject to
                                                      <100 gross tons                                                                   these parts.\12\
                                                      that--.
                                                     (A) Carry more than
                                                      6 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or.
                                                     (B) Carry more than
                                                      6 passengers when
                                                      chartered with the
                                                      crew provided, or.
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry more than
                                                      6 passengers and
                                                      are ferries.
                                                     (iii) All vessels
                                                      >=100 gross tons
                                                      that--
                                                     (A) Carry more than
                                                      12 passengers-for-
                                                      hire whether
                                                      chartered or not,
                                                      or
                                                     (B) Carry more than
                                                      12 passengers when
                                                      chartered with the
                                                      crew provided, or
                                                     (C) Carry more than
                                                      12 passengers when
                                                      chartered with no
                                                      crew provided, or
                                                     (D) Carry at least
                                                      1 passenger-for-
                                                      hire and are
                                                      submersible
                                                      vessels.\7\
                                                     (E) Carry at least
                                                      1 passenger and
                                                      are ferries.
                                                     (iv) These
                                                      regulations do not
                                                      apply to--
                                                     (A) Recreational
                                                      vehicles not
                                                      engaged in trade.
                                                     (B) Documented
                                                      cargo or tank
                                                      vessels issued a
                                                      permit to carry 16
                                                      or fewer persons
                                                      in addition to the
                                                      crew.
                                                     (C) Fishing vessels
                                                      not engaged in
                                                      ocean or coastwise
                                                      service. Such
                                                      vessels may carry
                                                      persons on the
                                                      legitimate
                                                      business of the
                                                      vessel \6\ in
                                                      addition to the
                                                      crew, as
                                                      restricted by the
                                                      definition of
                                                      passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:

\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
  line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
  (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171 through
  179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
  Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
  and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
  chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
  less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
  the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
  bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
  Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
  onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
  exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
  commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
  oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
  employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec.   151.01-10(c) of this chapter.
\12\ See Sec.   151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.

[FR Doc. C1-2013-20351 Filed 9-12-13; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Page 30227]
[FR Doc No: 2015-12704]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

Passadumkeag Windpark, LLC..............................     EG15-45-000
Pio Pico Energy Center, LLC.............................     EG15-46-000
Shafter Solar, LLC......................................     EG15-47-000
Pilot Hill Wind, LLC....................................     EG15-48-000
Kingfisher Wind, LLC....................................     EG15-49-000
Prairie Breeze Wind Energy LLC..........................     EG15-50-000
Prairie Breeze Wind Energy II LLC.......................     EG15-51-000
Buckeye Wind Energy LLC.................................     EG15-52-000
Beethoven Wind, LLC.....................................     EG15-53-000
Alexander Wind Farm, LLC................................     EG15-54-000
Nueces Bay WLE, LP......................................     EG15-55-000
Red Horse Wind 2, LLC...................................     EG15-56-000
Balko Wind, LLC.........................................     EG15-57-000

    Take notice that during the month of April 2015, the status of the
above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

    Dated: May 20, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-12704 Filed 5-26-15; 8:45 am]
 BILLING CODE 6717-01-P