[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54599-54600]
[FR Doc No: 2012-21785]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3348-EM; Docket ID FEMA-2012-0002]

Mississippi; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Mississippi (FEMA-3348-EM), dated August 28, 2012, and
related determinations.

DATES: Effective Date: August 28, 2012.

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

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the

State of Mississippi is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared an emergency by the President in his declaration of
August 28, 2012.

    Attala, Carroll, Grenada, Holmes, and Montgomery Counties for
emergency protective measures (Category B), limited to 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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-21785 Filed 9-4-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Notices]
[Page 19208-19209]
[DOCID:fr09ap08-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 3, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP99-176-160.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
the Third Revised Sheet 26U to FERC Gas Tariff, Sixth Revised Volume 1,
to be effective 4/1/08.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0085.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP99-301-201.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits an amendment to one Rate
Schedule FSS negotiated rate agreement between ANR and Wisconsin Gas
LLC.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0080.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP99-301-202.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits an amendment to Rate
Schedule FSS negotiated rate agreements between ANR and Wisconsin
Public Service Corp.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0081.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP99-301-203.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits an amendment to Rate
Schedule FSS negotiated rate agreement between ANR and Wisconsin
Electric Power Co.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0082.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP99-301-204.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits Rate Schedule FTS-1 and
Gathering negotiated rate service agreement between ANR and Eagle
Energy Partners I, LP etc.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0083.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP99-301-205.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits amendment to Rate
Schedule FSS negotiated rate agreement between ANR and Wisconsin
Electric Power Co.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0086.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP99-301-206.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits amendment to Rate
Schedule FTS-1 negotiated rate agreements and Rate Schedule ETS
negotiated rate agreement between ANR and Wisconsin Public Service
Corporation.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0087.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP00-426-033.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits Original Sheet 55B
et al. to FERC Gas Tariff, Second Revised Volume 1 etc.
    Filed Date: 03/31/2008.
    Accession Number: 20080402-0088.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP02-534-006.
    Applicants: Guardian Pipeline, LLC.
    Description: Guardian Pipeline LLC submits First Revised Sheet 7 to
FERC Gas Tariff, Original Volume 1, to become effective 4/1/08.
    Filed Date: 03/28/2008.
    Accession Number: 20080401-0039.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 09, 2008.

    Docket Numbers: RP06-407-009.
    Applicants: Gas Transmission Northwest Corporation.
    Description: Gas Transmission Northwest Corp's CD that contains the
Rate Case Settlement Refund Report, Cover Letter, and Appendices A-E.
    Filed Date: 03/28/2008.
    Accession Number: 20080328-4005.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 09, 2008.

    Docket Numbers: RP06-595-010.
    Applicants: Discovery Gas Transmission LLC.
    Description: Discovery Gas Transmission LLC submits the Tenth
Revised Sheet 22 et al. to FERC Gas Tariff, Original Volume 1 to become
effective 4/1/08.
    Filed Date: 04/01/2008.
    Accession Number: 20080402-0084.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP08-267-001.
    Applicants: Texas Eastern Transmission LP.
    Description: Texas Eastern Transmission, LP submits Notice of
Withdrawal of First Revised Sheet 381 of its FERC Gas Tariff, Seventh
Revised Volume 1.
    Filed Date: 03/31/2008.
    Accession Number: 20080401-0197.
    Comment Date: 5 p.m. Eastern Time on Wednesdays, April 9, 2008.

    Docket Numbers: RP08-301-000.
    Applicants: Vector Pipeline L.P.
    Description: Vector Pipeline, LP submits its Annual Fuel Use Report
for the period 1/1/07 through 12/31/07 pursuant to Section 154.502 of
the Commission's Regulations.
    Filed Date: 03/31/2008.
    Accession Number: 20080402-0100.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.

    Docket Numbers: RP08-302-000.
    Applicants: Avista Corporation.
    Description: Avista Corp submits Third Revised Sheet 3 et al. to
its FERC Gas Tariff, Original Volume 2, to become effective April 30,
2008.
    Filed Date: 03/31/2008.
    Accession Number: 20080402-0089.
    Comment Date: 5 p.m. Eastern Time on Monday, April 14, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings 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 e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-7425 Filed 4-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8980-8981]
[FR Doc No: 2023-02956]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34828; File No. 812-15367]

Constitution Capital Access Fund, LLC, et al.

February 7, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of application for an order (``Order'') under sections 17(d)
and 57(i) of the Investment Company Act of 1940 (the ``Act'') and rule
17d-1 under the Act to permit certain joint transactions otherwise
prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1
under the Act.
    Summary of Application: Applicants request an order to permit
certain business development companies (``BDCs'') and closed-end
management investment companies to co-invest in portfolio companies
with each other and with certain affiliated investment entities.
    Applicants: Constitution Capital Access Fund, LLC, Constitution
Capital PM, L.P., Constitution Capital Equity Partners, L.P.,
Constitution Capital Credit Partners, L.P., Ironsides Partnership Fund
VI, L.P., Ironsides Offshore Partnership Fund VI, L.P., Ironsides Co-
Investment Fund VI, L.P., Ironsides Offshore Co-Investment Fund VI,
L.P., Ironsides Opportunities Fund II, L.P., Ironsides Opportunities
Offshore Fund II, L.P., Ironsides Partnership Fund IV, L.P., Ironsides
Direct Investment Fund IV, L.P., Ironsides Partnership Fund V, L.P.,
Ironsides Direct Investment Fund V, L.P., and Ironsides Direct
Investment Fund V--Parallel A, L.P.
    Filing Dates: The application was filed on July 12, 2022, and
amended on October 17, 2022 and January 13, 2023.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the

request by email, if an email address is listed for the relevant
Applicant below, or personally or by mail, if a physical address is
listed for the relevant Applicant below. Hearing requests should be
received by the Commission by 5:30 p.m. on March 6, 2023, and should be
accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at [email protected].

ADDRESSES: The Commission: [email protected]. Applicants:
Joshua Deringer, [email protected].

FOR FURTHER INFORMATION CONTACT: Jessica Shin, Senior Counsel, or Lisa
Reid Ragen, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' second amended
and restated application, dated January 13, 2023, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field, on the SEC's EDGAR system. The SEC's EDGAR system may be
searched at, at http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the SEC's Public Reference Room
at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-02956 Filed 2-9-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29447-29449]
[FR Doc No: 2012-11912]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-
2000-7363; FMCSA-2004-17195; FMCSA-2005-21254; FMCSA-2006-23773; FMCSA-
2010-0050]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
18 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective June 3, 2012. Comments must be
received on or before June 18, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-1999-5748; FMCSA-1999-6480;
FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-2004-17195; FMCSA-2005-21254;
FMCSA-2006-23773;

FMCSA-2010-0050, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 18 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 18 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

    Dean R. Allen (OR)
    James C. Askin (FL)
    Ernie E. Black (NC)
    Gary O. Brady (WV)
    Stephen H. Goldcamp (OH)
    Hazel L. Hopkins, Jr. (MD)
    Wai F. King (IL)
    Dennis E. Krone (IL)
    Richard J. McKenzie, Jr. (MD)
    Christopher J. Meerten (OR)
    Craig W. Miller, (MO)
    Robert J. Mohorter (NY)
    James A.Mohr (MT)
    Tommy L. Ray, Jr. (AL)
    George S. Rayson (OH)
    Kevin L. Routin (KY)
    Lane L. Savoie (LA)
    Raul R. Torres (CA)
    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (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 before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 18 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568; 64 FR 68195; 65 FR 20245; 65 FR
20251; 65 FR 45817; 65 FR 57230; 65 FR 77066; 66 FR 63289; 67 FR 17102;
67 FR 38311; 68 FR 1654; 69 FR 8260; 69 FR 17263; 69 FR 17267; 69 FR
26921; 69 FR 31447; 70 FR 7545; 70 FR 30999; 70 FR 46567; 71 FR 6826;
71 FR 16410; 71 FR 16902; 71 FR 27033; 72 FR 40359; 73 FR 11989; 73 FR
28186; 75 FR 14656; 75 FR19674; 75 FR 27623; 75 FR 28682). Each of
these 18 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption requirements. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by June 18, 2012.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and

31315 can be satisfied by initially granting the renewal and then
requesting and evaluating, if needed, subsequent comments submitted by
interested parties. As indicated above, the Agency previously published
notices of final disposition announcing its decision to exempt these 18
individuals from the vision requirement in 49 CFR 391.41(b)(10). The
final decision to grant an exemption to each of these individuals was
made on the merits of each case and made only after careful
consideration of the comments received to its notices of applications.
The notices of applications stated in detail the qualifications,
experience, and medical condition of each applicant for an exemption
from the vision requirements. That information is available by
consulting the above cited Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: May 9, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-11912 Filed 5-16-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 63011-63012]
[FR Doc No: 2020-22077]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 756

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI29

Information Sharing for Purposes of Judicial Review

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) has the authority
under the Export Control Reform Act of 2018 (ECRA) to enforce the
Export Administration Regulations (EAR). This rule sets forth the
procedure for classified national security information to be submitted
ex parte and in camera to a court reviewing any agency action under the
EAR. BIS is taking this action to safeguard national security
information by ensuring that access to such information is controlled.

DATES: This rule is effective October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Anthony Saler, Email<EMAIL_ADDRESS>
Office of Chief Counsel for Industry and Security; Phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: BIS is adding to part 756 of the EAR new
Sec.  756.3, which is entitled ``Judicial Review of Agency Action.''
Section 4.1(e) of Executive Order (E.O.) 13526 provides that ``Persons
authorized to disseminate classified information outside the executive
branch shall ensure the protection of the information in a manner
equivalent to that provided within the executive branch.'' This section
specifies the procedure for providing a reviewing court access to
classified information for any agency action under the EAR. By
providing such information ex parte and in camera to a reviewing court,
BIS can limit access to the information and prevent public disclosure
of the information during the course of litigation.

Executive Order 13526 (75 FR 707)

    On December 29, 2009, the President issued E.O. 13526, prescribing
a uniform system for classifying, safeguarding, and declassifying
national security information. E.O. 13526 provides the legal basis and
authority under which BIS issues this rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has not been designated a ``significant
regulatory action,'' and not economically significant, under section
3(f) of Executive Order 12866. This final rule will protect national
security information by preventing unauthorized persons from accessing
such information in the course of judicial review of any agency action.
    2. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation does not
involve any OMB collection of information.
    3. This rule does not contain policies with federalism implications
as that term is defined under Executive Order 13132.
    4. This final rule is not subject to the requirements of Executive
Order 13771 (82 FR 9339, February 3, 2017) because the subsection (b)
requirement that agencies publish a notice of proposed rulemaking that
includes information on the public proceedings does not apply when an
agency for good cause finds that the notice and public procedures are
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates the finding (and reasons therefor) in the rule that
is issued (5 U.S.C. 553(b)(3)(B)). In addition, the section 553(d)(3)
requirement that publication of a rule shall be made not less than 30
days before its effective date can be waived

if an agency finds there is good cause to do so.
    BIS finds good cause to issue this rule without advance notice and
public comment because such procedures are unnecessary, see 5 U.S.C.
553(b)(3)(B). This final rule does not affect any substantive changes
to the EAR. It implements the provision in E.O. 13526 that executive
branch officials who are authorized to disseminate classified
information outside the executive branch ensure the protection of the
information in a manner equivalent to that provided within the
executive branch. This final rule safeguards classified information by
preventing unauthorized persons from accessing classified information
submitted to a court reviewing agency action under the EAR. For the
same reasons, the Department has determined that this final rule should
be issued without a delayed effective date pursuant to 5 U.S.C.
553(d)(3).
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.

List of Subjects in 15 CFR Part 756

    Administrative practice and procedure, Appeals, Judicial review.

    Accordingly, part 756 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 756--APPEALS AND JUDICIAL REVIEW

0
1. The authority citation for part 756 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
2. The heading for part 756 is revised to read as set forth above.

0
3. Section 756.1 is revised to read as follows:

Sec.  756.1   Scope.

    Section 756.2 describes the procedures applicable to appeals from
administrative actions taken under the Export Administration Act (EAA)
or the Export Administration Regulations (EAR). (In this part,
references to the EAR are references to 15 CFR chapter VII, subchapter
C). Section 756.3 describes the procedures under which the Bureau of
Industry and Security (BIS) can safeguard national security information
when agency action is under judicial review.

0
4. Section 756.2 is amended by redesignating paragraphs (a) through (d)
as paragraphs (b) through (e) and adding a new paragraph (a) to read as
follows:

Sec.  756.2  Appeal from an administrative action.

    (a) Scope. Any person directly and adversely affected by an
administrative action taken by BIS may appeal to the Under Secretary
for reconsideration of that administrative action. The following types
of administrative actions are not subject to the appeals procedures
described in this part:
    (1) Issuance, amendment, revocation, or appeal of a regulation.
(These requests may be submitted to BIS at any time.)
    (2) Denial or probation orders, civil penalties, sanctions, or
other actions under parts 764 and 766 of the EAR, except that, any
appeal from an action taken under Sec.  766.25 and any appeal from an
action taken in accordance with Sec.  766.23 to make an action taken
under Sec.  766.25 applicable to a related person shall be subject to
the appeals procedures described in this part.
    (3) A decision on a request to remove or modify an Entity List
entry made pursuant to Sec.  744.16 of the EAR or a decision on a
request to remove an Unverified List entry made pursuant to Sec.
744.15 of the EAR.
    (4) A decision on whether License Exception Strategic Trade
Authorization (STA) is available for ``600 series'' ``end items''
pursuant to Sec.  740.20(g) of the EAR.
* * * * *

0
5. Add Sec.  756.3 to read as follows:

Sec.  756.3   Judicial review of agency action.

    (a) Definition. For purposes of this section, the term agency
action has the same meaning given such term in 5 U.S.C. 551(13), i.e.,
includes the whole or a part of an agency rule, order, license,
sanction, relief, or the equivalent or denial thereof, or failure to
act.
    (b) Classified national security information. In any judicial
review of any agency action under the EAR, if such action was based in
whole or in part on classified national security information as defined
in Executive Order 13526 (December 29, 2009), such information may be
submitted to the reviewing court ex parte and in camera. This paragraph
(b) does not confer or imply any right to review in any tribunal,
judicial or otherwise.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-22077 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Rules and Regulations]
[Page 9181-9183]
[DOCID:fr20fe08-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0165; Directorate Identifier 2007-SW-58-AD;
Amendment 39-15377; AD 2008-04-05]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland Model EC135
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter Deutschland (Eurocopter) Model EC135 helicopters. This AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The European
Aviation Safety Agency (EASA), the Technical Agent for the Federal
Republic of Germany, with which we have a bilateral agreement, states
in the MCAI:

    During a flight a burning odour [sic] could be smelled in the
cabin. Its reason was a short circuit in the LH cable channel, which
was caused by a damaged wire harness. The wire harness was damaged
by the side channel cover's attachment hardware.

The rubbing and chafing of the wiring harnesses in the tunnels
underneath the channel cover, against the screws and rivets attaching
the channel covers, could lead to a short circuit of the wiring
harness.
    This AD requires actions that are intended to address this unsafe
condition by preventing a short circuit resulting from a damaged wiring
harness, which could subsequently lead to a fire in the helicopter.

DATES: This AD becomes effective on March 6, 2008.
    The Director of the Federal Register approved the incorporation by
reference of Eurocopter Alert Service Bulletin EC135-53A-1017, Revision
1, dated June 22, 2007, as of March 6, 2008.
    We must receive comments on this AD by April 21, 2008.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas
75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic 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: Carroll Wright, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
Fort Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.

Discussion

    The European Aviation Safety Agency (EASA), which is the technical
agent for Member States of the European Community, has issued an MCAI
in the form of EASA Emergency AD No. 2007-0021-E, dated January 19,
2007, (referred to after this as ``the MCAI''), to correct an unsafe
condition for this German-certificated helicopter. The MCAI states:

    During a flight a burning odour [sic] could be smelled in the
cabin. Its reason was a short circuit in the LH cable channel, which
was caused by a damaged wire harness. The wire harness was damaged
by the side channel cover's attachment hardware.

The rubbing and chafing of the wiring harnesses in the tunnels
underneath the channel cover, against the screws and rivets attaching
the channel covers, could lead to a short circuit of the wiring harness
and a subsequent fire in the helicopter.
    You may obtain further information by examining the MCAI and
service information in the AD docket.

Relevant Service Information

    Eurocopter has issued Alert Service Bulletin No. EC135-53A-017,
Revision 1, dated June 22, 2007. The actions described in the MCAI are
intended to correct the same unsafe condition as

that identified in the service information.

FAA's Determination and Requirements of This AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. This AD differs from the MCAI as
follows:
     We do not require contacting the manufacturer for further
instructions if a wiring harness is damaged but require that you
replace a damaged wiring harness with an airworthy wiring harness.
     We do not require a February 28, 2007, compliance time
because that date has passed.
     We include in the applicability the helicopter serial
number (S/N) 0005 up to and including S/N 0576 as stated in the service
information rather than the helicopter S/N 0005 up to and including
0654 as stated in the MCAI.
     We refer to the compliance time as ``hours time-in-
service'' rather than ``flight hours.''
    These differences are highlighted in the ``Differences Between the
FAA AD and the MCAI'' section in the AD.

Costs of Compliance

    We estimate that this AD will affect 156 helicopters of U.S.
registry. We also estimate that it will take 5 hours to inspect a
helicopter with a copilot collective lever cover and 4 hours to inspect
a helicopter without a copilot collective lever cover. The average
labor rate is $80 per work-hour. Required parts will cost about $400
for a helicopter with a copilot collective lever cover and $320 for a
helicopter without a copilot collective lever cover. Based on these
figures, we estimate the total cost to be $124,800, assuming all the
helicopters have a copilot collective lever cover.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
short circuit and fire could occur from a damaged wiring harness. Each
wiring harness must be inspected within a short period of time, 25
hours time-in-service, for chafing and wear and modified as necessary
to prevent a fire from occurring in the helicopter. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0165; Directorate
Identifier 2007-SW-58-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this AD.

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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-04-05 Eurocopter Deutschland: Amendment 39-15377. Docket No.
FAA-2008-0165; Directorate Identifier 2007-SW-58-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on March
6, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC135 helicopters, serial number
0005 up to and including 0576, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code: 5321,
Frame; and 1497, Miscellaneous wiring.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:

    During a flight a burning odour [sic] could be smelled in the
cabin. Its reason was a short circuit in the LH cable channel, which
was caused by a damaged wire harness. The wire harness was damaged
by the side channel cover's attachment hardware.

The rubbing and chafing of the wiring harnesses in the tunnels
underneath the channel cover, against the screws and rivets
attaching the channel covers, could lead to a short circuit of the
wiring harness and a subsequent fire in the helicopter.

Actions and Compliance

    (f) Within 25 hours time-in-service (TIS), unless already done,
do the following:
    (1) Inspect the wiring harnesses for chafing and wear in the
areas shown in Figure 1 of Eurocopter Alert Service Bulletin EC135-
53A-017, Revision 1, dated June 22, 2007 (ASB).
    (i) If chafing or wear is found on the wiring harness, before
further flight, replace the wiring harness with an airworthy wiring
harness.
    (ii) If no chafing or wear is found, modify the side channel
covers by affixing double-sided adhesive tape in the area depicted
in Figure 2 of the ASB by following the Accomplishment Instructions,
paragraph C, of the ASB.
    (2) Modify the attachment of the copilot collective lever cover
as depicted in Figure 3 of the ASB by following the Accomplishment
Instructions, paragraph D, of the ASB.
    (3) Attach chafing protection to the wiring harnesses and
replace affected screws as depicted in and in accordance with Figure
4 of the ASB and by following the Accomplishment Instructions,
paragraphs E and F, of the ASB. Paragraph F(2) of the ASB applies
only to helicopters with a copilot collective lever cover.

Differences Between the FAA AD and the MCAI

    (g) This AD differs from the MCAI as follows:
    (1) We do not require contacting the manufacturer for further
instructions if a wiring harness is damaged but require that you
replace a damaged wiring harness with an airworthy wiring harness.
    (2) We do not require a February 28, 2007, compliance time
because that date has passed.
    (3) We have used the helicopter S/N 0005 up to and including S/N
0576 as stated in the service information rather than the helicopter
S/N 0005 up to and including 0654 as stated in the MCAI.
    (4) We refer to the compliance time as ``hours TIS'' rather than
``flight hours.''

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Carroll Wright, Aviation Safety Engineer,
Rotorcraft Directorate, Regulations and Policy Group, Fort Worth,
Texas 76193-0111, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.
    (2) Airworthy Product: Use only FAA-approved corrective actions.
Corrective actions are considered FAA-approved if they are approved
by the State of Design Authority (or their delegated agent) if the
State of Design has an appropriate bilateral agreement with the
United States. You are required to assure the product is airworthy
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) Mandatory Continuing Airworthiness Information (MCAI)
Emergency Airworthiness Directive No. 2007-0021-E, dated January 19,
2007, contains related information.

Material Incorporated by Reference

    (j) The Director of the Federal Register approved the
incorporation by reference of Eurocopter Alert Service Bulletin
EC135-53A-017, Revision 1, dated June 22, 2007, under 5 U.S.C.
552(a) and 1 CFR part 51.
    (k) For the Eurocopter service information identified in this
AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand
Prairie, Texas 75053-4005, telephone<PHONE_NUMBER>, fax (972) 641-
3527.
    (l) You may review copies of the Eurocopter service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on February 6, 2008.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-2850 Filed 2-19-08; 8:45 am]

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