[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Rules and Regulations]
[Pages 50584-50587]
[FR Doc No: 2022-17480]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010, EPA-HQ-SFUND-1994-0001, EPA-HQ-SFUND-2002-
0008, EPA-HQ-SFUND-2003-0010, EPA-HQ-OLEM-2021-0797, EPA-HQ-OLEM-2021-
0798, EPA-HQ-OLEM-2021-0815, EPA-HQ-OLEM-2021-0922, EPA-HQ-OLEM-2021-
0934, EPA-HQ-OLEM-2022-0111; FRL-10018-01-OLEM]

Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of four sites and the partial deletion of six sites from the
Superfund National Priorities List (NPL). The NPL, created under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
states, through their designated state agencies, have determined that
all appropriate response actions under CERCLA, other than operation and
maintenance, monitoring, and five-year reviews, where applicable, have
been completed. However, this deletion does

not preclude future actions under Superfund.

DATES: The document is effective on August 17, 2022.

ADDRESSES: Docket: EPA has established a docket for this action under
the Docket Identification included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. The Final Close-Out
Report (FCOR, for a full site deletion) or the Partial Deletion
Justification (PDJ, for a partial site deletion) is the primary
document which summarizes site information to support the deletion. It
is typically written for a broad, non-technical audience and this
document is included in the deletion docket for each of the 10 sites in
this rulemaking. Although listed in the index, some information is not
publicly available, i.e., Confidential Business Information 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. Docket materials
are available through https://www.regulations.gov or at the
corresponding Regional Records Centers. Locations, addresses, and phone
numbers-of the Regional Records Center follows.
     Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA New England,
EMS Records and Information Center, 5 Post Office Square, Suite 100,
Boston, MA 02109-3912; 617/918-1440.
     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650
Arch Street, Mail code 3MD13, Philadelphia, PA 19103; 215/814-3024.
     Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562-8637.
     Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Division Records Manager, Mail code SRC-7J, Metcalfe Federal Building,
7th Floor South, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-
4465.
     Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
     Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.
     EPA Headquarters Docket Center Reading Room (deletion
dockets for all states), William Jefferson Clinton (WJC) West Building,
Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, (202)
566-1744.
    EPA staff listed below in the FOR FURTHER INFORMATION CONTACT
section may assist the public in answering inquiries about deleted
sites and accessing deletion support documentation, determining whether
there are additional physical deletion dockets available, or if COVID
restrictions affect deletion docket access.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our federal partners so that we can respond
rapidly as conditions change regarding COVID.

FOR FURTHER INFORMATION CONTACT:
     Robert Lim, U.S. EPA Region 1 (CT, ME, MA, NH, RI, VT),
U.S. EPA, [email protected], 617/918-1392.
     Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
[email protected], 215/814-2049.
     Leigh Lattimore, U.S. EPA Region 4 (AL, FL, GA, KY, MS,
NC, SC, TN), [email protected], 404/562-8768.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH,
WI), [email protected], 312/886-1843.
     David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE),
[email protected], 913/551-7996.
     Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689.
     Charles Sands, U.S. EPA Headquarters,
[email protected],<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NPL, created under section 105 of
CERCLA, as amended, is an appendix of the NCP. The NCP establishes the
criteria that EPA uses to delete sites from the NPL. In accordance with
40 CFR 300.425(e), sites may be deleted from the NPL where no further
response is appropriate. Partial deletion of sites is in accordance
with 40 CFR 300.425(e) and are consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed on the National Priorities
List, 60 FR 55466, (November 1, 1995). The sites to be deleted are
listed in Table 1, including docket information containing reference
documents with the rationale and data principally relied upon by the
EPA to determine that the Superfund response is complete. The NCP
permits activities to occur at a deleted site, or that media or parcel
of a partially deleted site, including operation and maintenance of the
remedy, monitoring, and five-year reviews. These activities for the
site are entered in Table 1 in this SUPPLEMENTARY INFORMATION section,
if applicable, under Footnote such that; 1 = site has continued
operation and maintenance of the remedy, 2 = site receives continued
monitoring, and 3 = site five-year reviews are conducted. As described
in 40 CFR 300.425(e)(3) of the NCP, a site or portion of a site deleted
from the NPL remains eligible for Fund-financed remedial action if
future conditions warrant such actions.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                 City/county,
          Site name                 state              Type                  Docket No.              Footnote
----------------------------------------------------------------------------------------------------------------
McKin Co.....................  Gray, ME.......  Full..............  EPA-HQ-OLEM-2021-0922.......         1, 2, 3
Tybouts Corner Landfill......  New Castle       Partial...........  EPA-HQ-OLEM-2021-0797.......            1, 3
                                County, DE.
C&R Battery Co., Inc.........  Chesterfield     Full..............  EPA-HQ-OLEM-2021-0798.......            1, 3
                                County, VA.
Chem-Solv, Inc...............  Cheswold, DE...  Full..............  EPA-HQ-OLEM-2021-0934.......            1, 3
Koppers Co., Inc. (Charleston  Charleston, SC.  Partial...........  EPA-HQ-SFUND-1994-0001......            1, 3
 Plant).
Brantley Landfill............  Island, KY.....  Full..............  EPA-HQ-OLEM-2022-0111.......         1, 2, 3
Summit National..............  Deerfield        Partial...........  EPA-HQ-OLEM-2021-0815.......            1, 3
                                Township, OH.
Himco Dump...................  Elkhart, IN....  Partial...........  EPA-HQ-SFUND-1990-0010......            1, 3

Omaha Lead...................  Omaha, NE......  Partial...........  EPA-HQ-SFUND-2003-0010......            1, 3
Libby Asbestos...............  Libby, MT......  Partial...........  EPA-HQ-SFUND-2002-0008......            1, 3
----------------------------------------------------------------------------------------------------------------

    Information concerning the sites to be deleted and partially
deleted from the NPL, the proposed rule for the deletion and partial
deletion of the sites, and information on receipt of public comment(s)
and preparation of a Responsiveness Summary (if applicable) are
included in Table 2 as follows:

                                                                         Table 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Full site deletion
                                      Date,                                                                                (full) or media/
            Site name                proposed            FR citation                Public comment         Responsiveness summary    parcels/description
                                       rule                                                                                for partial
                                                                                deletion
--------------------------------------------------------------------------------------------------------------------------------------------------------
McKin Co.........................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  Full.
Tybouts Corner Landfill..........    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  2 parcels soil and
                                                                                groundwater approx.
                                                                                78 acres.
C&R Battery Co., Inc.............    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  Full.
Chem-Solv, Inc...................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  Full.
Koppers Co., Inc. (Charleston        3/31/2022  87 FR 18761.................  Yes......................  Yes......................  98 acres of soils,
 Plant).                                                                                sediments and tidal
                                                                                marsh.
Brantley Landfill................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  Full.
Summit National..................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  Land/soil portion of
                                                                                landfill, adjacent
                                                                                removal areas, and
                                                                                45 down gradient
                                                                                parcels.
Himco Dump.......................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  11.5-acre land/soil
                                                                                portion of the site
                                                                                plus adjacent
                                                                                soils.
Omaha Lead.......................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  19 residential
                                                                                parcels.
Libby Asbestos...................    3/31/2022  87 FR 18761.................  Yes......................  Yes......................  OU 6 including 42
                                                                                miles of railroad
                                                                                right of way
                                                                                between and in the
                                                                                towns of Libby and
                                                                                Troy, MT.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the sites proposed for deletion, the closing date for comments
in the proposed rule was May 2, 2022. The EPA received two public
comments which addressed all ten sites included for deletion or partial
deletion-and two additional public comments on the McKin Co. site in
this final rule. EPA placed the comments in the dockets specified in
Table 1, on https://www.regulations.gov, and in the appropriate
Regional Records Center listed in the ADDRESSES section. One public
comment-addressing all ten sites was supportive of the proposed
deletion and of EPA actions. One public comment addressing all ten
sites was an adverse comment. The commentor requested additional
information present in the deletion docket be specified in the deletion
rules; EPA provide a schedule to return contaminated groundwater to
beneficial reuse; expressed concerns about institutional controls on
land and groundwater use; and expressed concerns whether EPA met
requirements of the Information Quality Act. EPA determined that it is
appropriate to proceed with the deletion because all response actions
at the sites are appropriate and complete, EPA complied with program
and Agency requirements, guidance and the NCP. The criteria for
deletion have been met. A Responsiveness Summary was prepared and
placed in each site deletion docket on https://www.regulations.gov, and
in the appropriate Regional Records Centers listed in the ADDRESSES
section.
    The McKin Co. site also received two adverse comments. One
commentor did not agree with EPA's decision to delete the site from the
NPL, concerned that possible remedial work still needs to be done. The
second commentor raised concerns about future or planned development of
the former McKin Co. property and if contaminants could be disturbed.
EPA has completed all remedial work at the McKin Co. site and land use
controls on the site will prevent development or disturbance of any
contaminants. EPA has determined that it is appropriate to proceed with
the deletion because all response actions at the site are complete and
the criteria for deletion have been met. A Responsiveness Summary was
prepared and placed in the docket, EPA-HQ-OLEM-2021-0922, on https://www.regulations.gov, and in the Regional Records Center listed in the
ADDRESSES section.
    For all other sites not specified above, no adverse comments were
received.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping

requirements, Superfund, Water pollution control, Water supply.

Larry Douchand,
Office Director, Office of Superfund Remediation and Technology
Innovation.

    For reasons set out in the preamble, the EPA amends 40 CFR part 300
as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.

0
2. In appendix B to part 300 amend table 1 by:
0
a. Removing the entry for ``DE, Chem-Solv, Inc., Cheswold'';
0
b. Revising the entry for ``DE, Tybouts Corner Landfill, New Castle
County'';
0
c. Revising the entry for ``IN, Himco Dump, Elkhart'';
0
d. Removing the entry for ``KY, Brantley Landfill, Island'';
0
e. Removing the entry for ``ME, McKin Co., and Gray'';
0
f. Revising the entries for ``OH, Summit National, Deerfield Township''
and ``SC, Koppers Co., Inc (Charleston Plant), Charleston''; and
0
g. Removing the entry for ``VA, C&R Battery Co., Inc, Chesterfield
County''.
    The revisions read as follows:

Appendix B to Part 300--National Priorities List

                   Table 1--General Superfund Section
------------------------------------------------------------------------
       State            Site name         City/county       Notes (a)
------------------------------------------------------------------------
DE................  Tybouts Corner     New Castle                     P
                     Landfill.          County.

                              * * * * * * *
IN................  Himco Dump.......  Elkhart.........               P

                              * * * * * * *
OH................  Summit National..  Deerfield                      P
                                        Township.

                              * * * * * * *
SC................  Koppers Co., Inc   Charleston......               P
                     (Charleston
                     Plant).
------------------------------------------------------------------------
* P = Sites with partial deletion(s).

[FR Doc. 2022-17480 Filed 8-16-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Notices]
[Page 64772]
[DOCID:fr20oc10-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63105; File No. SR-BX-2010-059]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To Create a Listing Market on the Exchange

October 14, 2010.
    On August 20, 2010, NASDAQ OMX BX, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 19b-4 thereunder,\3\ a proposed rule change to
create a listing market, which will be called ``BX.'' The proposed rule
change was published for comment in the Federal Register on September
8, 2010.\4\ The Commission received two comment letters on this
proposal.\5\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 62818 (September 1,
2010), 75 FR 54665.
    \5\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from William F. Galvin, Secretary of the Commonwealth, Commonwealth
of Massachusetts, dated September 28, 2010; and Letter to Elizabeth
M. Murphy, Secretary, Commission, from Michael R. Trocchio, Bingham
McCutchen LLP, on behalf of Pink OTC Markets Inc., dated October 3,
2010.
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    Section 19(b)(2) of the Act \6\ provides that within forty-five
days of the publication of notice of the filing of a proposed rule
change, or within such longer period up to ninety days as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or as to which the
self-regulatory organization consents, the Commission shall either
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day for this filing is October 23,
2010. The Commission is extending this 45-day time period.
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    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change, which would
create a new listing market on the Exchange, and to consider the
comment letters that have been submitted in connection with this
proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\7\ designates December 7, 2010, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change.
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    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(31).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-26358 Filed 10-19-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54231-54232]
[FR Doc No: 2022-19026]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4663-DR; Docket ID FEMA-2022-0001]

Kentucky; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4663-DR), dated July 29, 2022,
and related determinations.

DATES: This amendment was issued August 2, 2022.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include
Individual Assistance for the following areas among those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of July 29, 2022.

    Floyd and Pike Counties for Individual Assistance (already
designated for emergency protective measures [Category B], including
direct federal assistance, under the Public Assistance program).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-19026 Filed 9-1-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3210-3211]
[FR Doc No: 2014-00871]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0618]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Reporting and Recordkeeping for
Electronic Products--General Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Reporting and Recordkeeping for
Electronic Products--General Requirements'' has been approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 20, 2013, the Agency submitted a
proposed collection of information entitled ``Reporting and
Recordkeeping for Electronic Products--General Requirements'' to OMB
for review and clearance under 44 U.S.C. 3507. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. OMB has now approved the information collection and has
assigned OMB control number 0910-0025. The approval expires on January
31, 2017. A copy of the supporting statement for this information
collection is available on

the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: January 13, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-00871 Filed 1-16-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Notices]
[Page 31309-31310]
[DOCID:fr06jn07-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL05-102-003]

Southern Company Services, Inc.; Notice of Filing

May 31, 2007.
    Take notice that on May 18, 2007, Southern Company Services, Inc.
acting as agent for Alabama Power Company, Georgia Power Company, Gulf
Power Company, Mississippi Power Company and Southern Power Company
filed a revised compliance filing, pursuant to ordering paragraph (A)
of the Commission's April 19, 2007 Order. Southern Company Services,
Inc., 119 FERC ] 61,065 (2007).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the

Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Any person
wishing to become a party must file a notice of intervention or motion
to intervene, as appropriate. Such notices, motions, or protests must
be filed on or before the comment date. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 15, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-10842 Filed 6-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34929-34931]
[FR Doc No: 2016-12521]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6895; Directorate Identifier 2015-NM-068-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Fokker Services B.V. Model F.28 airplanes. This proposed AD
prompted by reports indicating that the main landing gear (MLG) could
not be extended and locked down during approach. This proposed AD would
require a detailed inspection of the restrictor check valve filter
screens to detect any degraded or failed filter screens, and
installation of serviceable parts. We are proposing this AD to detect
and correct any degraded or failed filter screens. This condition, if
not corrected, could prevent MLG extension and lock-down and result in
an emergency landing with consequent injury to occupants and damage to
the airplane.

DATES: We must receive comments on this proposed AD by July 18, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Fokker
Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6895; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6895;
Directorate Identifier 2015-NM-068-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0077, dated May 6, 2015 (referred to after
this as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for certain Fokker Services
B.V. Model F.28 airplanes. The MCAI states:

    Two occurrences were reported concerning two different
aeroplanes, where during approach, after selecting landing gear
down, one of the main landing gears (MLG) could not be extended and
locked down. In both cases, subsequent investigation revealed that
the filter screen of the corresponding restrictor check valve
(integrated in a hydraulic hose assembly) was broken, and debris
inside the restrictor check valve was blocking the return flow from
the affected MLG actuator. Additional inspection of the fleet of the
operator involved revealed more damaged or failed filter screens.
    This condition, if not detected and corrected, could prevent MLG
extension and lock-down, possibly resulting in an emergency landing
with consequent damage to the aeroplane and injury to occupants.
    To address this unsafe condition, Fokker Services published
SBF28-32-164 and SBF100-32-166 to provide instructions for removal
of the affected hydraulic hoses (including the restrictor check
valve) to be inspected in-shop, and for installation of serviceable
parts. Fokker Services also published Component SB CSB-32-026 to
provide those in-shop inspection instructions to detect any damaged
filter screen.
    For the reasons described above, this [EASA] AD requires a
onetime removal of the landing gear hydraulic hoses for the purpose
of an in-shop inspection of the affected restrictor check valves
filter screens and, depending on findings, re-installation, or
replacement of the affected hose(s) with a serviceable part.
    This [EASA] AD is considered to be an interim action to detect
any degraded or failed filter screens and remove them from service
and to collect additional data; further [EASA] AD action may follow.
More information on this subject can be found in Fokker Services All
Operators Messages AOF28.041 and AOF100.189#02.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6895.

Related Service Information Under 1 CFR Part 51

    We reviewed Fokker Services B.V. has issued the following service
information, which describe procedures for the replacement of hydraulic
hose assemblies.
     Fokker Service Bulletin SBF28-32-164, dated January 14,
2015.
     Fokker Service Bulletin SBF100-32-166, dated January 14,
2015.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type design.

Costs of Compliance

    We estimate that this proposed AD affects 8 airplanes of U.S.
registry.
    We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD, and 1 work-
hour per product for reporting. The average labor rate is $85 per work-
hour. Required parts would cost about $3,100 per product. Based on
these figures, we estimate the cost of this proposed AD on U.S.
operators to be $26,160, or $3,270 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to the FAA at 800 Independence Ave. SW., Washington, DC
20591, ATTN: Information Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Fokker Services B.V.: Docket No. FAA-2016-6895; Directorate
Identifier 2015-NM-068-AD.

(a) Comments Due Date

    We must receive comments by July 18, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. airplanes, certificated
in any category, as identified in paragraphs (c)(l) and (c)(2) of
this AD.
    (1) Model F.28 Mark 0070 and Mark 0100 airplanes, all serial
numbers (S/Ns).
    (2) Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes, S/Ns
11003 through 11110 inclusive and S/N 11992, modified in service as
specified in Fokker Service Bulletin SBF28-32-123; and S/Ns 11111
through 11241 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports indicating that the main landing
gear (MLG) could not be extended and locked down during approach. We
are issuing this AD to detect and correct any degraded or failed
filter screens. This condition, if not corrected, could prevent MLG
extension and lock-down and result in an emergency landing with
consequent injury to occupants and damage to the airplane.

(f) Compliance

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

(g) Inspection

    Within 18 months after the effective date of this AD, do a
detailed inspection of the restrictor check valve filter screens to
detect any degraded or failed filter screens including dents and
missing wire, and install serviceable parts (hydraulic hose
assemblies), in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF28-32-164, dated January 14, 2015 (for
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes); or SBF100-32-
166, dated January 14, 2015 (for Model F.28 Mark 0070 and 0100
airplanes); as applicable. Any affected hydraulic hose assembly must
be replaced before further flight after the inspection.

(h) Serviceable Part

    For the purpose of this AD, a serviceable part is a part number
(P/N) 97867-1 or P/N 97867-3 hydraulic hose assembly (including the
restrictor check valve) that has not previously been installed on an
airplane, or a P/N 97867-1 or P/N 97867-3 hydraulic hose assembly
(including the restrictor check valve) that has passed an inspection
as specified in Fokker Services Component Service Bulletin CSB-32-
026.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
replacement P/N 97867-1 or P/N 97867-3 hydraulic hose assembly on an
airplane, unless the hydraulic hose assembly is a serviceable part
as defined in paragraph (h) of this AD.

(j) Reporting Requirements

    At the applicable time specified in paragraph (j)(l) or (j)(2)
of this AD, submit a report of the results (including no findings)
of the inspection required by paragraph (g) of this AD. Send the
report to Fokker Services B.V., Technical Services, Service
Engineering, P.O. Box 1357, 2130 EL Hoofddorp, The Netherlands,
email<EMAIL_ADDRESS>The report must include the type
of damage found and airplane flight cycles and also any no findings.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Fokker B.V. Service's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2015-0077, dated May 6, 2015, for related information.
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-6895.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 17, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12521 Filed 5-31-16; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
                             2000 TRAVERWOOD ROAD
                           ANN ARBOR, MI  48105-2498

									          	OFFICE OF
										AIR AND RADIATION

July 20, 2011

MEMORANDUM

SUBJECT:	Meeting with the Engine Manufacturers Association (EMA)

FROM:	Angela Cullen, Mechanical Engineer

TO:		Docket EPA-HQ-OAR-2010-0162

This memorandum documents a meeting held on February 17, 2011 between EMA, DOT, and EPA and included the following individuals:

      EMA: Tim Blubaugh, David Kayes, Dan Kieffer, Andrea Brown, Rich Mihelic, Mike Sorrells

      DOT: Maurice Hicks, Coralie Cooper

      EPA: Byron Bunker, Chien Sze, Cle Jackson, Julian Davis, Sam Waltzer, Arvon Mitcham, and Angela Cullen

The discussion focused on sharing information related to aerodynamic determination including the following:
   * Standardized trailers
   * Testing for low and mid roof tractors
   * Reference method
   * Correlation method
   * Confirmatory testing and audits
   * Aerodynamic bins


	           UNITED STATES OF AMERICA

      DEPARTMENT OF TRANSPORTATION

             OFFICE OF THE SECRETARY

                  WASHINGTON, D.C.

						Served:  October 2, 2003

NOTICE

Docket OST-2002-12193

By Notice of Action Taken, dated September 4, 2003, we granted the
request of American Airlines that its South Africa third-country
codeshare designation be changed from service provided by Swiss
International Air Lines Ltd. d/b/a Swiss to service provided by British
Airways.  At the time of its request, American anticipated that its
South Africa code-share service with Swiss would be ending October 6,
2003.

By letter dated October 1, 2003, American informed the Department that
the proposed October 6, 2003 change-over date from Swiss to British
Airways has been deferred and that American wishes to continue its
current service to South Africa with Swiss until a new change-over date
has been established.  American requests that the Department stay the
effective date of the Notice of Action Taken until December 3, 2003.
American further states that it will notify the Department when American
has established the new change-over date and then it will request that
the stay be lifted so that it will then be able to implement service
with British Airways.  American also states that it will not hold out
codeshare service to South Africa with both Swiss and British Airways at
the same time.

In view of the circumstances presented, we stay the effective date of
the Notice of Action Taken dated September 4, 2003, in Docket
OST-2002-12193, until December 3, 2003.

By:

						PAUL L. GRETCH

			Director, Office of International Aviation

(SEAL)

Dated:  October 2, 2003

An electronic version of this notice is available on the World Wide Web
at

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

 We have used here the company’s full correct name.


[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67758-67759]
[FR Doc No: 2020-23615]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2058]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before January 25, 2021.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2058, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or

pursuant to policies established by other Federal, State, or regional
entities. These flood hazard determinations are used to meet the
floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings built after the FIRM and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Sonoma County, California and Incorporated Areas
           Project: 18-09-0012S Preliminary Date: May 15, 2020
------------------------------------------------------------------------
City of Rohnert Park...................  Development Services
                                          Department, City Hall, 130
                                          Avram Avenue, Rohnert Park, CA
                                          94928.
Unincorporated Areas of Sonoma County..  Sonoma County Permit and
                                          Resource Management, 2550
                                          Ventura Avenue, Santa Rosa, CA
                                          95403.
------------------------------------------------------------------------

[FR Doc. 2020-23615 Filed 10-23-20; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21393-21395]
[FR Doc No: 2019-09940]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0005]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 13 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate

commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on April 20, 2019. The exemptions
expire on April 20, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the 2019-0005, in the keyword box, and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On March 20, 2019, FMCSA published a notice announcing receipt of
applications from 13 individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (84 FR 10389). The public comment period ended on April 19,
2019, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for up to five years from the vision standard in 49 CFR 391.41(b)(10)
if the exemption is likely to achieve an equivalent or greater level of
safety than would be achieved without the exemption. The exemption
allows applicants to operate CMVs in interstate commerce. FMCSA grants
exemptions from the FMCSRs for a two-year period to align with the
maximum duration of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision, as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the March 20, 2019, Federal
Register notice (84 FR 10389) and will not be repeated in this notice.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The 13
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, aphakia, band keratopathy, cataract,
corneal opacity, macular atrophy, macular scar, prosthesis, retinal
detachment, and retinal dystrophy. In most cases, their eye conditions
were not recently developed. Eight of the applicants were either born
with their vision impairments or have had them since childhood. The
five individuals that sustained their vision conditions as adults have
had it for a range of 6 to 31 years. Although each applicant has one
eye that does not meet the vision requirement in 49 CFR 391.41(b)(10),
each has at least 20/40 corrected vision in the other eye, and, in a
doctor's opinion, has sufficient vision to perform all the tasks
necessary to operate a CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV with their limited vision in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 6 to 78 years. In the past three years,
no drivers were involved in crashes, and no drivers were convicted of
moving violations in CMVs. All the applicants achieved a record of
safety while driving with their vision impairment that demonstrates the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or

optometrist who attests that the vision in the better eye continues to
meet the standard in 49 CFR 391.41(b)(10) and (b) by a certified
Medical Examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) each driver must provide
a copy of the ophthalmologist's or optometrist's report to the Medical
Examiner at the time of the annual medical examination; and (3) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy in his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 13 exemption applications, FMCSA
exempts the following drivers from the vision requirement, 49 CFR
391.41(b)(10), subject to the requirements cited above:

Maximo Fernandez (TX)
Michael W. Ireland (MA)
Thomas J. Johnston, Jr. (TX)
Keith A. Larson (MA)
Scott A. MacPherson (MA)
Brandon L. Mask (AR)
Christopher W. Proeschel (OH)
Michael Renzetti (CT)
Cory W. Schell (WA)
Rodney A. Stahl (MN)
Alvin J. Urke (CA)
David Wiebe (TX)
Robert L. Williams, Jr. (MS)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136 and 31315.

    Issued on: May 8, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-09940 Filed 5-13-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10687-10689]
[FR Doc No: 2013-03461]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0014, Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
1992 Porsche Carrera Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
1992 Porsche Carrera passenger cars that were not originally
manufactured to comply with all applicable Federal Motor Vehicle Safety
Standards (FMVSS), are eligible for importation into the United States
because they are substantially similar to vehicles that were originally
manufactured for sale in the United States and that were certified by
their manufacturer as complying with the safety standards (the U.S.-
certified version of the 1992 Porsche Carrera) and they are capable of
being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is March 18, 2013.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001

     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    J.K. Technologies, LLC (``JK''), of Baltimore, Maryland (Registered
Importer 90-006) has petitioned NHTSA to decide whether nonconforming
1992 Porsche Carrera passenger cars are eligible for importation into
the United States. The vehicles which JK believes are substantially
similar are 1992 Porsche Carrera passenger cars that were manufactured
for sale in the United States and certified by their manufacturer as
conforming to all applicable FMVSS.
    The petitioner claims that it compared the non-U.S. certified 1992
Porsche Carrera to its U.S.-certified counterpart, and found the
vehicles to be substantially similar with respect to compliance with
most FMVSS.
    JK submitted information with its petition intended to demonstrate
that the non-U.S. certified 1992 Porsche Carrera, as originally
manufactured, conforms to many FMVSS in the same manner as its U.S.
certified counterpart, or is capable of being readily altered to
conform to those standards. Specifically, the petitioner claims that
the non-U.S. certified 1992 Porsche Carrera is identical to its U.S.
certified counterpart with respect to compliance with Standard Nos. 102
Transmission Shift Lever Sequence, Starter Interlock, and Transmission
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 106 Brake Hoses, 113 Hood Latch
System, 114 Theft Protection, 116 Motor Vehicle Brake Fluids, Standard
No. 118 Power-Operated Window, Partition, and Roof Panel Systems, 109
New Pneumatic Tires and certain specialty tires, 124 Accelerator
Control Systems, 135 Light Vehicle Brake Systems, 201 Occupant
Protection in Interior Impact, 202 Head Restraints, 203 Impact
Protection for the Driver from the Steering Control System, 204
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door
Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting,
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield
Zone Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System
Integrity, and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicle is capable of being
readily altered to meet the following standards, in the manner
indicated:
    Standard No. 101 Controls Telltales, and Indicators: Replacement of
the instrument cluster with a U.S.-model component.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of the following U.S.-model components on
vehicles not already so equipped: (a) Headlamps; (b) tail lamps (c)
front and rear side marker lamps; and (d) a high-mounted stop lamp.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model
passenger side rearview mirror, or inscription of the required warning
statement on the face of the existing mirror.
    Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: Installation of a tire and rim information placard.
    Standard No. 208 Occupant Crash Protection: (a) Reprogramming the
vehicle computer to activate the seat belt warning lamp in a manner
that meets the standard; and (b) inspection of all vehicles and
installation of the following U.S.-model components on vehicles that
are not already so equipped: (1)Airbags; (2)control unit; (3) sensors;
(4) seat belts; and (5) knee bolster. The petitioner states that the
vehicle is equipped with an automatic restraint system that consists of
dual front airbags and knee bolsters, and with combination lap and
shoulder belts at the front and rear outboard seating positions that
are automatic, self-tensioning, and capable of being released by means
of a single red push button.
    The petitioner states that each vehicle will be inspected prior to
importation for compliance with the Theft Prevention Standard in 49 CFR
Part 541 and that anti-theft devices will be installed on all vehicles
not already so equipped.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicles near the left windshield post to
meet the requirements of 49 CFR Part 565 and that a certification label
must be affixed

to the driver's door jamb to meet the requirements of 49 CFR Part 567.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: February 11, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-03461 Filed 2-13-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Page 72879]
[FR Doc No: 2013-28926]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14540-000; Project No. 14539-000]

Western Minnesota Municipal Power Agency; Lock+ Hydro Friends
Fund III, LLC; Notice Announcing Filing Priority for Preliminary Permit
Applications

    On November 25, 2013, the Commission held a drawing to determine
priority between competing preliminary permit applications with
identical filing times. In the event that the Commission concludes that
neither of the applicants' plans is better adapted than the other to
develop, conserve, and utilize in the public interest the water
resources of the region at issue, the priority established by this
drawing will serve as the tiebreaker. Based on the drawing, the order
of priority is as follows:

1. Western Minnesota Municipal Power Agency Project No. 14540-000
2. Lock+ Hydro Friends Fund III, LLC Project No. 14539-000

    Dated: November 26, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-28926 Filed 12-3-13; 8:45 am]
BILLING CODE 6717-01-P