[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Page 20328]
[FR Doc No: 2013-07842]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Orthopaedic and Rehabilitation Devices Panel of the Medical
Devices Advisory Committee: Notice of Postponement of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is postponing the
meeting of the Orthopaedic and Rehabilitation Devices Panel of the
Medical Devices Advisory Committee scheduled for April 5, 2013. The
meeting was announced in the Federal Register of November 29, 2012 (77
FR 71195). The meeting is postponed because key participants were
unavailable due to unforeseen scheduling conflicts. In the meantime,
FDA analysis of industry-submitted documents is ongoing. A new meeting
date will be announced in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Jamie Waterhouse, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 1611, Silver Spring, MD 20993-0002,
<EMAIL_ADDRESS>301-796-3063, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). Please call the Information Line for up-to-date information on
this meeting.

    Dated: March 27, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-07842 Filed 4-3-13; 8:45 am]
BILLING CODE 4160-01-P


The EARLY ACTION COMPACT for The Roanoke Metropolitan Statistical Area ( MSA) in the Commonwealth of Virginia ( Cities of Roanoke and Salem, Counties of Roanoke and Botetourt, and Town of Vinton)

Submitted by the Roanoke Area Metropolitan Planning Organization and the Respective Localities Listed Above of 16 2 TABLE OF CONTENTS 1. Background    The National Ozone Standards    The 1 Hour Standard in Roanoke MSA, Virginia    The 8 Hour Standard In Roanoke MSA, Virginia 2. Ozone Early Action program ( OEAP)

   Protocol for OEAP    The Program    OEAP Versus Traditional Nonattainment    OEAP Timeline    The Area Encompassed By The OEAP    Signatories And Their Responsibilities    Conditions For Modification Or Early Termination 3. Early Action Compact    General Provisions    Local Government Responsibilities    Milestones and Reporting    Emissions Inventories o Initial modeling emissions inventory o Future year modeling emissions inventory o Further episode inventories 4. Modeling 5. Emission Reduction Strategies 6. Maintenance for Growth 7. Public Involvement 8. The Virginia Department on Environmental Quality 9. The Environmental Protection Agency of 16 3 1. BACKGROUND The National Ozone Standards The Federal Clean Air Act is the comprehensive law that regulates airborne emissions from area, mobile, and stationary sources nationwide. This law authorizes the U. S. Environmental Protection Agency ( EPA) to establish National Ambient Air Quality Standards ( NAAQS) to protect public health and the environment. The EPA currently has two NAAQS for ozone, the 1 hour peak standard and 8 hour standard.

Areas formally declared in violation of the NAAQS and adjacent contributing areas are designated " nonattainment areas." Nonattainment areas must meet certain Clean Air Act requirements, such as:

° Transportation Conformity: Requires a demonstration that regional long range transportation plans will not negatively impact air quality or federal transportation funds can be withheld. ° New Source Review: Requires a review of new or expanded industrial operations to minimize air pollution. ° Rate of Progress Requirements: A certain percentage of pollutants must be reduced each year. ° 10 year Maintenance Plan: After attainment that includes additional or continuing mandatory programs.

Another requirement obligates the state to develop and implement a prescriptive comprehensive clean air plan that mandates how the area will come into compliance with the standard. This plan and any revisions to it are known as is incorporated the State Implementation Plan ( SIP).

The 1 Hour Standard in the Roanoke Metropolitan Statistical Area ( MSA)

An area must have a monitored hourly peak ozone concentration below 125 parts per billion ( ppb) to meet the 1 hour ozone standard. If an area exceeds the standard more than three times in three years, it is subject to a nonattainment designation. Since 1990 the Roanoke Metropolitan Statistical Area ( MSA) exceeded the 1 hour standard on two occasions in 1998; however, the Roanoke MSA remains in compliance for the 1 Hour Standard. The Roanoke MSA has one ozone monitor located in the Town of Vinton.

The 8 Hour Standard in the Roanoke Metropolitan Statistical Area ( MSA)

During the past several years air quality planning in the Roanoke MSA has intensified as ozone concentrations in the Roanoke MSA have exceeded the value permitted by the 8 hour ozone NAAQS. Due to legal challenges to the NAAQS and ensuing litigation, EPA has not formally of 16 4 designated areas of the United States in violation of the 8 hour ozone NAAQS. The 8 hour NAAQS has been upheld and EPA anticipates nationwide designation of nonattainment areas by 2004. Based on recent monitoring data, it is probable that the Roanoke MSA will be designated a nonattainment area when formal designations occur.

The 8 hour ozone standard is found by averaging three years of the fourth highest 8 hour ozone levels in an area. This number, called the design value, must be lower than 85 parts per billion ( ppb) to meet the standard. Currently, the Roanoke MSA design value ( averaging 2000, 2001, and 2002) is 87 ppb. Each year this design value may vary. Data is available for the Roanoke MSA for the 8 hour ozone standard beginning in 1990. Ozone concentrations have exceeded the standard a total of 29 times during the period from 1990 to 2002. The number of exceedences recorded in Roanoke from 1990 to 2002 are shown below. Data from the monitors in Wythe and Rockbridge Counties are also shown for comparison purposes:

Roanoke, VA ( Vinton Monitor)

90 91 92 93 94 95 96 97 98 99 00 01 02 0 2 0 2 2 2 0 2 13 6 2 5 5 Wythe County, VA 90 91 92 93 94 95 96 97 98 99 00 01 02 3 0 0 3 3 1 0 1 6 4 2 1 6 Rockbridge County, VA 90 91 92 93 94 95 96 97 98 99 00 01 02 2 0 1 0 8 Hour Ozone Exceedences ( 1990 to 2002)

0 5 10 15 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Year Exceedences Roanoke Wythe Rockbridge of 16 5 In 2002, the Roanoke monitor recorded 8 hour exceedences on the following days:

 June 11 91 ppb  July 17 94 ppb  August 10 85 ppb  August 11 92 ppb  August 13 99 ppb OZONE EARLY ACTION PROGRAM ( OEAP)

The region is volunteering to put itself into the OEAP process to expedite air cleanup for future public health and welfare.

Protocol for OEAP The OEAP was developed according to protocol endorsed by EPA Region 6 on June 19, 2002. The Protocol offers a more expeditious time line for achieving clean air than expected under EPA's 8 hour implementation rulemaking.

The principles of the OEAP to be executed by Local, State and EPA officials are:

° Early planning, implementation, and emission reductions leading to expeditious attainment and maintenance of the 8 hour ozone standard; ° Local control of the measures to be employed, with broad based public input; ° State support to ensure technical integrity of the OEAP; ° Formal incorporation of the OEAP into the SIP; ° Deferral of the effective date of nonattainment designation and related requirements so long as all OEAP terms and milestones are met; and ° Safeguards to return areas to traditional SIP requirements should OEAP terms and/ or milestones be unfulfilled, with appropriate credit given for emission reduction measures implemented.

The Roanoke MSA OEAP has two principal components:

1. The Early Action Compact ( EAC)   EAC is a Memorandum of Agreement to prepare and implement an Early Action Plan ( EAP). More specifically, the EAC sets measurable milestones for developing and implementing the EAP.

2. The Early Action Plan ( EAP)   EAP serves as Roanoke MSA's official air quality improvement plan, with quantified emission reduction measures. The EAP will include all necessary elements of a comprehensive air quality plan, ( like the plans in Richmond, VA), but will be tailored to local needs and driven by local decisions. Moreover, the EAP will be incorporated into the formal SIP and the region will be legally required to carry of 16 6 out this plan just as in nonattainment areas. For example, development of EAP will require the same scientific diligence and undergo the same scrutiny as the nonattainment areas' SIPs, so that the emission reduction strategies selected will be adequate to ensure the region stays in attainment of the 8 hour standard.

OEAP Versus Traditional Nonattainment A major advantage of the region's participation in an OEAP is the flexibility afforded to the signatories in selecting emission reduction measures and programs that are best suited to local needs and circumstances. Recognizing the varied social and economic characteristics of the region, not all measures can or should be implemented by every entity.

The primary differences between OEAP and the traditional nonattainment area process are: ° The OEAP allows for more local control in selecting emission reduction measures. ° The OEAP provides deferral of nonattainment designation and related requirements, as long as Plan requirements and milestones are met. This would prevent any related stigma associated with a nonattainment designation. ° The OEAP is designed to achieve clean air faster than under the traditional SIP process. ° Should any milestones be missed in designing or implementing the Plan, the area would automatically revert to the traditional SIP requirements, with appropriate credit given for emission reduction measures already implemented.

OEAP Timeline The Roanoke MSA's OEAP is designed to enable a local, proactive approach to ensuring attainment of the 8 hour ozone NAAQS, and so protect human health. Using the OEAP approach, the region could begin implementing by 2005 emission reduction measures directed at attaining the 8 hour standard. This allows for a significantly earlier start than waiting for formal EPA nonattainment designation and it gives more flexibility in choosing which emission reduction strategies to implement.

The Area Encompassed By The OEAP The Roanoke MSA, which is comprised of the Cities of Roanoke and Salem, Counties of Roanoke and Botetourt and the Town of Vinton is the planning area for which the Early Action Compact is designed. After signing the initial compact, additional jurisdictions may be added upon request and mutual consent of all the signatory parties, due to expansion of the nonattainment area or other reasons. of 16 7 Signatories And Their Responsibilities The individuals representing the entities that will sign this Early Action Compact are elected officials from each jurisdiction, along with representatives from the United States Environmental Protection Agency ( EPA) and the Virginia Department of Environmental Quality ( VDEQ):

City of Roanoke Council Member, W. D. " Bill" Bestpitch ( Chairman RVAMPO) County of Roanoke Board of Supervisors Member, Joe McNamara ( Vice   Chairman RVAMPO) City of Salem Council Member, Howard Packett ( MPO Member) County of Botetourt Board of Supervisors Member, Wendy Wingo ( MPO Member) Town of Vinton Mayor, Don Davis ( MPO Member) Virginia DEQ Director, Robert Burnley U. S. EPA Region III Regional Administrator or Designee The local entities whose representatives support and sign the EAC are committed to holding primary responsibility for the development and implementation of the EAP, and for maintaining communication with all parties. These commitments by local agencies are enumerated in the following Memorandum of Agreement, along with the commitments of VDEQ and EPA. After signing the initial compact, additional jurisdictions may be added upon request and mutual consent of all the signatory parties.

Conditions For Modification Or Early Termination This agreement may be modified at any time or terminated at any time by mutual consent of all signatory parties before formal incorporation into the SIP in 2004. Before 2004, any signatory party may withdraw from the agreement if the other signatory parties do not carry out provisions of the agreement. If a party's withdrawal from the agreement prevents the remaining signatories from satisfying any of the terms and milestones of the original agreement, the agreement will be void and the area's nonattainment designation immediately effective. Once the EAP is incorporated into the SIP, modification is considerably more difficult, as the SIP is a legally binding state and federal agreement to carry out specific emission reduction activities.

Additional Terms of This Agreement 1. This agreement creates no cause of action against any party beyond those, if any, that may already exist under state or federal law. In addition, all parties agree that this agreement cannot be used against one another or by a third party as an enforceable order in any court proceedings. This agreement will be reviewed and modified as needed.

2. Each jurisdiction is required to discuss and formally approve and/ or adopt the local emission reduction strategies included in the Early Action Plan prior to its formal submission to the state and federal agencies involved. of 16 8 ROANOKE METROPOLITAN STATISTICAL AREA EARLY ACTION COMPACT This EAC is between the local governments representing Cities of Roanoke and Salem, Counties of Roanoke and Botetourt and Town of Vinton ( herein after referred to as the local governments), VDEQ and EPA. It is for the express purpose of developing and implementing a plan that will reduce ground level ozone concentrations in the Roanoke Metropolitan Statistical Area ( MSA) to comply with the 8 hour ozone standard by December 31, 2007 and maintain that standard until at least 2012. Failure to meet that obligation results in immediate reversion to the traditional nonattainment process.

General Provisions A. The signatory parties commit to develop, implement and maintain the Early Action Plan according to EPA Protocol for Early Action Compacts issued June 19, 2002 ( supplemented per a letter dated October 18, 2002 from Gregg Cooke, Regional Administrator, EPA Region 6, to Robert Huston, Texas Commission of Air Quality), and adhere to all terms and conditions stated in the guidelines.

B. If the region does not meet all the terms of the EAC, including meeting agreed upon milestones, then it will forfeit its participation and deferred effective date of its nonattainment designation, thus having an effective nonattainment designation and becoming subject to EPA's 8 hour ozone nonattainment implementation rules.

C. This agreement may be modified or terminated by mutual consent of all signatory parties.

D. The signature date of the EAC is the start date of the agreement's term and the agreement remains in effect until December 31, 2007.

Local Government Responsibilities The local governments agree to enter into a compact to develop and implement an EAP that will demonstrate attainment, by December 31, 2007, of the 8 hour ozone standard and continued maintenance of the standard until at least 2012. The Roanoke Valley Alleghany Regional Commission ( RVARC), in consultation with the local governments, will develop this plan in coordination with VDEQ, EPA, stakeholders and the public. In this regard, the local area holds the primary responsibility for the development and implementation of the plan, as well as for maintaining communication with all parties involved. Specific local commitments to the compact and plan are:

1. Drawing up the compact, which embodies the requirements for Early Action Compacts as outlined is Sections A to F of the protocol, including a timeline for milestones. 2. Completing and signing by all parties of the compact no later than December 31, 2002. of 16 9 3. Identifying and describing local strategies being considered for inclusion in the Early Action Plan no later than June 16, 2003. 4. Selecting local control strategies no later than January 31, 2004. Each jurisdiction must consider and formally approve and/ or adopt the controls that make up the local component of the Early Action before this date. 5. Submitting the final Early Action Plan to state and federal agencies no later than March 31, 2004. 6. Notifying parties as soon as possible of issues and developments, which may impact performance and progress towards milestones. 7. Notifying parties as soon as possible if Compact milestones will be missed or have been missed. 8. Notifying parties as soon as possible if Compact modification/ termination is to be requested.

Milestones and Reporting 1. Milestones Table 1: Early Action Compact Milestones December 31, 2002 Signed EAC ( All parties) Initial Modeling Emissions Inventory Completed ( VDEQ) Conceptual Model Completed ( VDEQ) May 31, 2003 Base Case Modeling Completed ( VDEQ) June 16, 2003 Identify and describe local strategies being considered for inclusion in the local clean air plan ( Local Governments) June 30, 2003 Semi annual status reports to begin ( RVARC, VDEQ) Future Year Emissions Inventory Modeling Completed ( VDEQ) Emissions trend comparison and analysis completed ( VDEQ) October 31, 2003 Future Case Modeling Completed ( VDEQ) Attainment Maintenance Analysis Completed ( VDEQ) One or more modeled control cases completed ( VDEQ) Local emission reduction strategies selected ( Local Governments) January 31, 2004 Submission of preliminary EAP to VDEQ and EPA ( Local Governments) Final Revisions to Modeled Control Cases Completed ( VDEQ) Final Revisions to Local Control Strategies Completed ( VDEQ) Final Revisions to Attainment Maintenance Analysis Completed ( VDEQ) March 31, 2004 Submission of final EAP to VDEQ and EPA ( Local Governments) December 31, 2004 Early Action Clean Air Plan Adopted and Incorporated into the SIP and submitted to EPA ( VDEQ) December 31, 2005 Local Control Strategies Implemented No Later Than This Date ( Implementing Agency) June 30, 2006 Semi annual status reports on implementation of measures and assessment of air quality improvement begin on this date ( RVARC, VDEQ) of 16 10 December 31, 2007 Attainment of the 8 Hour Standard no later than this date 2. Reporting In order to facilitate self evaluation and communication with EPA, VDEQ, stakeholders, and the public, the region will assess and report progress towards milestones in a regular, public process, at least every six months, beginning with a biannual in June 2003.

Emissions Inventories 1. An initial modeling emissions inventory will be developed by May 31, 2003. This inventory will include: a. Emissions modeling data for a 1996, 1997, or 1999 ( or later) episode, which will be representative of a typical ozone season event and meets EPA episode selection guidance; b. MOBILE6 data with link based Travel Demand Model ( TDM) mobile data where available; c. NONROAD model data adjusted for local equipment populations and usage rates ( if available); d. Area source data using best activity data available.

2. A 2007 future year modeling emissions inventory will be developed by October 31, 2003. This inventory will include projected future growth in ozone precursor emissions through 2007, particularly from stationary, non road and onroad mobile sources.

3. Selection of specific episode inventories was partially determined by the conceptual model, which reflects an analysis of meteorological conditions typical of high ozone events. The conceptual model will be updated by May 31, 2003.

4. Emissions inventories will be compared and analyzed for trends in emission sources over time. The emissions inventory comparison and analysis will be completed by May 31, 2003.

Modeling 1. Regional photochemical modeling will be performed to provide a demonstration of attainment of the ozone standard through the local, state, and regional control strategies included in the EAP. Base case modeling will be completed by May 31, 2003 and future case modeling will be completed by October 31, 2003. One or more modeled control cases will be completed by January 31, 2004 with final revisions completed by March 31, 2004. All modeling: of 16 11 a. Will be SIP quality and perform within EPA's accepted margin of accuracy; b. Will be carefully documented; c. Will sufficiently account for projected future growth in ozone precursor emissions; d. Will be accomplished by VDEQ and reviewed by EPA; d. Will be used to determine the effectiveness of NOx and/ or VOC reductions. The control case( s) will be used to determine the relative effectiveness of different emission reduction strategies and to aid in the selection of appropriate emission reduction strategies.

In addition, all modeling will be based on, to the extent possible, the " Draft Guidance on the Use of Models and Other analyses in Attainment Demonstrations for the 8 hour Ozone NAAQS" ( EPA 454/ R 99 004, May 1999). This modeling will follow this guidance as negotiated and agreed to with the EPA Regional Office. Any deviations from this guidance and the resulting modeling with be identified and reconciled with the draft guidance. Data availability issues may limit this reconciliation.

Emission Reduction Strategies 1. All adopted Federal and State controls that have been or will be implemented by the December 31, 2007 attainment date will be included in base, future and control case modeling.

2. Additional local emission reduction strategies that are under consideration will be identified and described by June 16, 2003. Any additional strategies needed to demonstrate attainment for the Roanoke MSA will then be selected by January 31, 2004, with final revisions completed by March 31, 2004. The selected strategies will be implemented as soon as practical, but no later than December 31, 2005.

3. Local emission reduction strategies will be specific, quantified, permanent and enforceable. Local controls will also include specific implementation dates and detailed documentation and reporting processes.

4. Voluntary measures can play a supporting role in the EAP. If emission reductions from voluntary emission reductions are quantified and credit is taken for them in the EAP, those emission reductions will be enforceable. Additional strategies must be implemented to meet those quantified reduction requirements if quantified voluntary measures fail. This is true for all quantified emission reductions. of 16 12 5. Local emission reduction strategies will be designed and implemented by the community with stakeholder participation.

6. Local emission reduction strategies will be incorporated by the state into the SIP. In the event that the region desires to add, delete or substitute strategies after SIP submittal, EAP modifications will be treated as SIP revisions and facilitated by the state.

Maintenance for Growth 1. The EAP will include a component to address emissions growth at least five years beyond December 31, 2007, ensuring that the area will remain in attainment of the 8 hour standard during that period. Attainment maintenance analysis will be completed by January 31, 2004, with final revisions completed by March 31, 2004. The analysis will employ one or more of the following or any other appropriate techniques necessary to make such a demonstration:

o Attainment emissions budget evaluation for maintenance demonstration year showing that future emissions remain below the attainment budget for the area; o Modeling analysis showing ozone levels below the 8 hour standard in 2012; o An annual review of growth ( especially mobile and stationary source) to ensure emission reduction strategies and growth assumptions are adequate; o Identification and quantification of federal, state, and/ or local measures indicating sufficient reductions to offset growth estimates.

2. A continuing planning process that includes modeling updates and modeling assumption verification ( particularly growth assumptions) will be conducted concurrent with the tracking and reporting process for the EAP. This update and verification will be an ongoing process between the signatories, stakeholders and the public. Modeling updates and planning processes must consider and evaluate:

o All relevant actual new point sources; o Impacts from potential new source growth; and o Future transportation patterns and their impact on air quality in a manner that is consistent with the most current adopted Long Range Transportation Plan and most current trend and projections of local motor vehicle emissions.

3. If the review of emissions growth demonstrates that adopted emission reduction strategies are inadequate to address growth in emissions, additional of 16 13 measures will be added to the EAP.

4. In the event that the continuing planning process identifies the need to add, delete, or substitute emission reduction strategies after the Plan has been incorporated into the SIP, the local area will initiate, and VDEQ will facilitate a SIP revision to accommodate changes.

Public Involvement 1. Public involvement will be conducted in all stages of planning by one or more of the following, or other appropriate party: Roanoke Valley Alleghany Regional Commission ( RVARC), the Roanoke Area Metropolitan Planning Organization ( RVAMPO) and the Virginia Department of Environmental Quality ( VDEQ). Outreach may include one more of the following techniques: public meetings and presentations, stakeholder meetings, websites, print advertising and radio.

2. Public education programs will be used to raise awareness regarding issues, opportunities for involvement in the planning process, implementation of emission reduction strategies, and any other issues important to the area.

3. Interested stakeholders will be involved in the planning process as early as possible. Planning meetings will be open to the public, with posted meeting times and locations. Plan drafts will be publicly available, and the drafting process will have sufficient opportunities for comment from all interested stakeholders.

4. Public comment on the proposed final plan will follow the normal SIP revision process as implemented by the State.

5. Semi annual reports detailing, at a minimum, progress toward milestones, will be publicly presented and publicly available.

The Virginia Department of Environmental Quality The state, represented by VDEQ, will provide support to areas throughout the planning and implementation process, including:

1. Development of emission inventories, modeling process, trend analysis and quantification and comparison of emission reduction strategies;

2. Necessary information on all Federal and State adopted emission reduction measures, which affect the area;

3. Critical third party review of emissions inventory, modeling, and self evaluation work; of 16 14 4. Technical and strategic assistance, as appropriate, in the selection and implementation of emission reduction strategies;

5. Technical and planning assistance in developing and implementing processes to address the impact of emissions growth beyond the attainment date;

6. Maintenance of monitors and reporting and analysis of monitoring data;

7. Support for public education efforts;

8. Coordinate communication between local areas and EPA to facilitate continuing EPA review of local work;

9. Expeditious review of the locally developed plan, and if deemed adequate, propose modification of the SIP to adopt the early action plan;

10. Adoption of emission reduction strategies into the SIP as expeditiously as possible. The final complete SIP revision must be completed, adopted, and submitted by the state to EPA by 2004. The SIP revision will include a demonstration that the area will attain the 8 hour standard by December 31, 2007.

11. If EPA withdraws the deferred effective date, thereby triggering a nonattainment designation and applicable statutory requirements, the State will submit a nonattainment SIP to EPA within 1 year of the new effective date of the nonattainment designation.

The Environmental Protection Agency 1. The EPA will provide technical assistance to the state and local area in the development of the early action plan.

2. The EPA will move quickly to review and approve completed plans by no later than nine months after submission of the SIP revision by the state.

3. At the time of designations, EPA will defer the effective date of nonattainment designation and related requirements for participating areas that fail to meet the 8 hour ozone standard as long as all terms and milestones of the EAC are being met, including submission of the early action SIP revision by 2004.

4. Provided that the monitor( s) in the area reflect attainment by December 31, 2007, EPA will move expeditiously to designate the area as attainment and impose no additional of 16 15 requirements.

5. If at any time the area does not meet all the terms of this EAC, including meeting agreed upon milestones, then it will forfeit its participation and its nonattainment designation ( or redesignation if necessary) will become effective after EPA withdraws the deferred date.

6. If the area violates the standard as of December 31, 2007, and the area has had a nonattainment designation deferred, the area will be designated nonattainment. EPA will take action to withdraw the deferred effective date, and the area's nonattainment designation will become effective.

7. No area will be allowed to renew their Early Action Compact after December 31, 2007, or initiate a new compact if it has previously forfeited its participation.


[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40449-40451]
[FR Doc No: 2022-14386]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0547]
RIN 1625-AA00

Safety Zone; Lowering of Gerald Desmond Bridge; Long Beach,
California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters near Gerald Desmond Bridge during the removal of the over-the-
water span. This action is necessary to provide for the safety of life
on these navigable waters near Long Beach, CA, from July 9 through July
11, 2022, where the over-the-water portion of the Gerald Desmond Bridge
will be lowered and transported to pier T, Port of Long Beach. This
rulemaking will prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port (COTP), Los Angeles--
Long Beach, or a designated representative.

DATES: This rule is effective from 12:01 a.m. on July 9, 2022, through
11:59 p.m. July 11, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0547 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LCDR Maria Wiener at Sector Los Angeles--Long
Beach Waterways Management Branch at<PHONE_NUMBER> or email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 3, 2022, the Port of Long Beach notified the Coast Guard
that it will be removing the over-the-water span of the Gerald Desmond
Bridge from 12:01 a.m. on July 9, 2022, to 11:59 p.m. on July 11, 2022.
The removal will take place at mile 3.3 over Long Beach Harbor on the
section of the bridge that is over the water. Hazards from removal
include falling debris and construction work conducted on a barge that
will be moored in such a way that it blocks the entire channel. The
Captain of the Port (COTP), Los Angeles--Long Beach has determined that
potential hazards associated with the removal of Gerald Desmond Bridge
would be a safety concern for anyone within a 200-yard radius of
freight barge FOSS 3612 (O.N. 1255436) during lowering and transport of
the bridge span.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable; the Coast Guard
must establish this safety zone by July 9, 2022. This urgent safety
zone is required to protect the maritime public and the surrounding
waterways from hazards associated with the bridge lowering and removal
project. The Coast Guard lacks sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because action is needed
to ensure the safety of life on the navigable waters near Long Beach,
CA, during the bridge demolition activities scheduled to begin on July
9, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Los
Angeles--Long Beach (COTP) has determined that potential hazards
associated with the Gerald Desmond Bridge span removal and transport on
July 9 through July 11, 2022, will be a safety concern for waterways
users within a 200-yard radius of freight barge FOSS 3612 (O.N.
1255436). This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
before, during, and after the scheduled demolition.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 200-yard radius north of the bridge
to 1,000-yard radius south of the Gerald Desmond Bridge before, during,
and after the scheduled event. The Coast Guard is issuing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).

IV. Discussion of the Rule

    The COTP is establishing a safety zone from 12:01 a.m. on July 9,
2022, to 11:59 p.m. on July 11, 2022. The safety zone covers all
navigable waters within a 200-yard radius of freight barge FOSS 3612
(O.N. 1255436). The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled lowering of the over-water-span of the Gerald Desmond
Bridge. The COTP will announce the dates and times of enforcement via
local notice to mariners. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text appears at the end of
this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size location
and duration of the safety zone. The safety zone will only last 3 days
and will be limited in size to the area around the bridge.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 48 hours that would prohibit entry within a 200-
yard radius surrounding freight barge FOSS 3612 (O.N. 1255436) due to
potential hazards associated with the removal and transport of the
over-water portion of the Gerald Desmond Bridge. It is categorically
excluded from further review under paragraph L of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-104 to read as follows:

Sec.  165.T11-104   Safety Zone; Lowering of Gerald Desmond Bridge;
Long Beach, California.

    (a) Location. The safety zone covers all navigable waters within
200-yard radius surrounding freight barge FOSS 3612 (O.N. 1255436) due
to potential hazards associated with the removal and transport of the
over-water portion of the Gerald Desmond Bridge, located approximately
at mile 3.3 over Long Beach Harbor on the section of the bridge that is
over the water.
    (b) Effective period. This section is effective from 12:01 a.m. on
July 9, 2022, until 11:59 p.m. on July 11, 2022.
    (c) Enforcement period. This section will be enforced from 12:01
a.m. on July 9, 2022, through 11:59 p.m. on July 11, 2022.

    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of vessels or persons into the zone is prohibited
unless specifically authorized by the Captain of the Port Los Angeles
Long Beach (COTP) or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
the COTP.
    (2) In the event of an emergency, vessels requiring entry into the
safety zone must request permission from the COTP or a designated
representative. To seek entry into the safety zone, contact the COTP or
the COTP's representative by telephone at<PHONE_NUMBER> or on VHF-FM
channel 16. To coordinate the movement of vessel traffic, vessel
operators may contact the Jacobsen Pilot Station at<PHONE_NUMBER> or
the Water Traffic Coordinator, Andres Velasco, at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to enter the safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (e) Information broadcasts. The COTP or a designated representative
will inform the public when the safety zone is being enforced via a
Broadcast Notices to Mariners.

    Dated: June 30, 2022.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
Beach.
[FR Doc. 2022-14386 Filed 7-6-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Proposed Rules]
[Pages 12624-12627]
[FR Doc No: 2011-5165]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0152; Directorate Identifier 2010-NM-079-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault-Aviation Model FALCON 7X
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure. Although no in service incident has been reported, there
is no certainty that the minimum clearances would be maintained over
time. In the worst case, interference or contact with structure
might occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
* * * * *

    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 22, 2011.

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 W12-40, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You

may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. 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; 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 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, Washington 98057-3356; telephone (425)
227-1137; 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-2011-0152;
Directorate Identifier 2010-NM-079-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 Community, has issued EASA
Airworthiness Directive 2010-0029R1, dated November 25, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure.
    Although no in service incident has been reported, there is no
certainty that the minimum clearances would be maintained over time.
In the worst case, interference or contact with structure might
occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
    Dassault Aviation has developed two Service Bulletins (SB) that
provide corrective actions to ensure the minimum required clearance,
as well as adequate protection between hydraulic pipe (SB n[deg] 0
92) and electrical wiring (SB n[deg] 006) and the aeroplane
structure.
    This AD requires the implementation of both SBs on the affected
aeroplanes.
    Since issuance of EASA AD 2010-0029, Dassault Aviation has
developed modifications M1036 and M1037. M1036 is equivalent to
M1007 while M1037 is equivalent to M1020. These modifications are
embodied during production on new aeroplanes.
    This [EASA] AD has been revised to exclude from the AD
applicability the aeroplanes on which those modifications are
embodied.

    Required actions include general visual inspections for damage of
wiring bundles and feeders. Damage includes, but is not limited to:
signs of overheat, discoloration, or damaged and cut strands on the
cables and insulating sleeves. Corrective actions for damage of wiring
bundles and feeders include repairing damage. Other required actions
include modifying the applicable wiring and layout, a general visual
inspection for absence of marks of the rear tank wall at the contact
area, installing a protective plate on the rear tank wall, and
installing a hydraulic pipe if necessary. If contact marks are found,
required actions include an eddy current inspection or a penetrant
inspection for cracks, and repair if necessary. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin 7X-006, Revision 1,
dated March 3, 2010; and Mandatory Service Bulletin 7X-092, Revision 1,
dated January 4, 2010. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

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 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. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 21 products of U.S. registry. We also estimate that
it would take about 65 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $116,025, or $5,525 per product.

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); 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 a regulatory evaluation of the estimated costs to
comply with this proposed 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.

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

    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]

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

Dassault-Aviation: Docket No. FAA-2011-0152; Directorate Identifier
2010-NM-079-AD.

Comments Due Date

    (a) We must receive comments by April 22, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault-Aviation Model FALCON 7X
airplanes, certificated in any category; having serial numbers 2
through 22 inclusive, 24 through 26 inclusive, 29, 30, 32 and
subsequent; except those on which modifications M964, M937, M976,
M1007 or M1036, M1020 or M1037, and M1022 have all been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 20: Air
Frame Wiring; and ATA Code 29: Hydraulic Power.

Reason

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

    On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure.
    Although no in service incident has been reported, there is no
certainty that the minimum clearances would be maintained over time.
In the worst case, interference or contact with structure might
occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspections and Modification of Wiring and Rear Fuel Tank Panel

    (g) Within 10 months or 650 flight hours after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) Do a general visual inspection for damage of wiring bundles
and feeders, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-006, Revision 1, dated March
3, 2010. If any damage is found, before further flight, repair, in
accordance with Dassault Mandatory Service Bulletin 7X-006, Revision
1, dated March 3, 2010.
    (2) Modify the applicable wiring and layout, in accordance with
the Accomplishment Instructions of Dassault Mandatory Service
Bulletin 7X-006, Revision 1, dated March 3, 2010.
    (3) Do a general visual inspection for absence of marks on the
rear tank wall at the contact area, in accordance with the
Accomplishment Instructions of Dassault Mandatory Service Bulletin
7X-092, Revision 1, dated January 4, 2010.
    (i) If no contact marks are found during the inspection required
by paragraph (g)(3) of this AD, before further flight, modify the
protective plate, and install a hydraulic pipe as applicable, in
accordance with the Accomplishment Instructions of Dassault
Mandatory Service Bulletin 7X-092, Revision 1, dated January 4,
2010.
    (ii) If any contact marks are found during the inspection
required by paragraph (g)(3) of this AD, before further flight, do
either an eddy current inspection for cracks or a penetrant
inspection for cracks, in accordance with the Accomplishment
Instructions of Dassault Mandatory Service Bulletin 7X-092, Revision
1, dated January 4, 2010.
    (A) If no crack is detected during any inspection required by
paragraph (g)(3)(ii) of this AD, before further flight, do paragraph
(g)(3)(i) of this AD.
    (B) If any crack is detected during any inspection required in
paragraph (g)(3)(ii) of this AD, before further flight, repair the
crack using a method approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA) (or its delegated agent); and
modify the protective plate, and install a hydraulic pipe as
applicable, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-092, Revision 1, dated
January 4, 2010.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (h) Doing a general visual inspection for damage, repairing
wiring bundles and feeders, and modifying the applicable wiring and
layout, in accordance with Dassault Mandatory Service Bulletin 7X-
006, dated December 18, 2009; and doing a general visual inspection
for absence of marks on the rear tank wall at the contact area,
modifying the protective plate, installing a hydraulic pipe as
applicable, and doing either an eddy current inspection for cracks
or a penetrant inspection for cracks, in accordance with Dassault
Mandatory Service Bulletin 7X-092, dated July 17, 2009; before the
effective date of this AD is acceptable for compliance with the
corresponding actions required by paragraphs (g)(1), (g)(2), and
(g)(3) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (i) 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. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0029R1,
dated November 25,

2010; Dassault Mandatory Service Bulletin 7X-006, Revision 1, dated
March 3, 2010; and Dassault Mandatory Service Bulletin 7X-092,
Revision 1, dated January 4, 2010; for related information.

    Issued in Renton, Washington, on February 22, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5165 Filed 3-7-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34362-34364]
[FR Doc No: 2013-13586]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-2563-002.

    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company's Notice of Non-
Material Change in Status.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5225.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER10-3168-007; ER10-3243-001; ER10-3169-004.
    Applicants: ArcLight Energy Marketing, LLC, Chandler Wind Partners,
LLC, Michigan Power Limited Partnership.
    Description: Notice of Non-Material Change in Status of ArcLight
Energy Marketing, LLC, et al.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5274.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER12-1561-001.
    Applicants: CCI Rensselaer LLC.
    Description: CCI Rensselaer Notice of Change in Status to be
effective 5/31/2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5177.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-823-002.
    Applicants: Castleton Commodities Merchant Trading L.P.
    Description: Notice of Change in Status to be effective 5/31/2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5170.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1347-001.
    Applicants: MeadWestvaco Coated Board, LLC.
    Description: MeadWestVaco Coated Board LLC MBR Tariff Re-filing to
be effective 9/1/2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5008.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1351-001.
    Applicants: Florida Power Development LLC.
    Description: FPD Amendment to Market-Based Rate Application to be
effective 6/25/2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5184.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1587-000.
    Applicants: Cleco Power LLC.
    Description: Update OATT schedules for Loss Study results (Part 1
of 2) to be effective 6/1/2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5137.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1588-000.
    Applicants: Cleco Power LLC.
    Description: Update GFAs with new Loss Study Results (Part 2 of 2)
to be effective 6/1/2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5147.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1589-000.
    Applicants: RockGen Energy, LLC.
    Description: Revised Reactive Rate Schedule to be effective 6/1/
2013.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5185.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1590-000.
    Applicants: Southern California Edison Company.
    Description: Amended SGIA with TA-High Desert LLC to be effective
4/7/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5000.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1591-000.
    Applicants: Southern California Edison Company.
    Description: SGIA and Distribution Service Agreement with Lancaster
Little Rock D LLC to be effective 7/31/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5001.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1592-000.
    Applicants: Southern California Edison Company.
    Description: SGIA and Distribution Agreement with Lancaster Little
Rock C, LLC to be effective 7/31/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5010.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1593-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Western WDT May 2013 Biannual Filing to be effective
8/1/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5011.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1594-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Western IA May 2013 Biannual Filing to be effective 8/
1/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5012.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1595-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits the payment/receipts
among the Entergy Operating Companies implementing the Service Schedule
MSS-3 2013 Bandwidth Formula.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5246.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1596-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Petition of San Diego Gas & Electric Company for
Limited Waiver of Transmission Owner Tariff Appendix X.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5247.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1597-000.
    Applicants: NorthWestern Corporation.
    Description: SA 296--NITSA with ExxonMobil Corp to be effective 8/
1/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5072.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1598-000.
    Applicants: Citizens Sunrise Transmission LLC.
    Description: Petition of Citizens Sunrise Transmission LLC for
Limited Waiver of Transmission Owner Tariff Appendix III.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5269.
    Comments Due: 5 p.m. ET 6/20/13.

    Docket Numbers: ER13-1599-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 05-31-2013 SA 2508 Term Northstar-Pheasant MPFCA to be
effective 7/30/2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5094.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1600-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 05-31-2013 Schedule 44 VLR Filing to be effective 8/1/
2013.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5099.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1601-000.
    Applicants: Black Hills Power, Inc.
    Description: Joint Tariff Schedule 2 True-Up Filing to be effective
1/1/2012.
    Filed Date: 5/31/13.
    Accession Number: 20130531-5100.
    Comments Due: 5 p.m. ET 6/21/13.

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

    Docket Numbers: ES13-28-000.
    Applicants: Duquesne Light Company.
    Description: Application of Duquesne Light Company Pursuant to
Section 204 of the Federal Power Act for an Order Authorizing the
Issuance of Short-Term Indebtedness.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5252.
    Comments Due: 5 p.m. ET 6/20/13.

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

    Docket Numbers: RR13-6-000.
    Applicants: North American Electric Reliability Corporation.

    Description: North American Electric Reliability Corporation's
Report of Comparisons of Budgeted to Actual Costs for 2012 for NERC and
the Regional Entities.
    Filed Date: 5/30/13.
    Accession Number: 20130530-5228.
    Comments Due: 5 p.m. ET 7/1/13.

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

    Dated: May 31, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-13586 Filed 6-6-13; 8:45 am]
BILLING CODE 6717-01-P