[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Proposed Rules]
[Pages 21955-21961]
[FR Doc No: 2018-09847]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0390; Product Identifier 2017-NM-130-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A300 series airplanes. This proposed AD was prompted by a
revision of an airworthiness limitation items (ALI) document. This
proposed AD would require revising the maintenance or inspection
program, as applicable, to incorporate the specified maintenance
requirements and airworthiness limitations. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 25, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th Street, Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0390; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, 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: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th Street, Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0390;
Product Identifier 2017-NM-130-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0145, dated August 31, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
series airplanes. The MCAI states:

    Some airworthiness limitations previously defined in A300 ALS
Part 1 have been removed from that document and should normally be
included in an ALS Part 4. Airbus does not plan to issue an ALS Part
4 for A300 aeroplanes.
    Nevertheless, failure to comply with these airworthiness
limitations could result in an unsafe condition.
    For the reason described above, it has been decided to require
the application of these airworthiness limitations through a
separate AD.
    Previously, EASA issued AD 2013-0210 [which corresponds to FAA
AD 2014-16-13, Amendment 39-17937 (79 FR 51083, August 27, 2014)
(``AD 2014-16-13'')] to require implementation of airworthiness
limitations applicable to main landing gear (MLG) barrel assembly,
retraction actuator assembly, linkage assembly and flanged duct,
which were previously defined in Revision 00 of A300 ALS Part 1 but
removed from Revision 01 of A300 ALS Part 1, adding those limits as
an Appendix to the AD.
    Since EASA AD 2013-0210 was issued, improvement of safe life
component selection resulted, among others, in removal of 15 nose
landing gear (NLG) parts from Revision 02 of A300 ALS Part 1.
    Consequently, this [EASA] AD retains the requirements of EASA AD
2013-0210, which is superseded, and requires, in addition to the
implementation of airworthiness limitations already contained in
EASA AD 2013-0210, the implementation of airworthiness limitations
applicable to NLG barrel assembly and shock absorber assembly,
previously contained in Revision 01 of A300 ALS Part 1, as specified
in Appendix 1 of this AD.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0390.

Relationship of Proposed AD to AD 2014-16-13

    This NPRM would not supersede AD 2014-16-13. Rather, we have
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program to incorporate the new maintenance
requirements and airworthiness limitations. Accomplishment of the
proposed actions would then terminate all requirements of AD 2014-16-
13.

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 designs.
    This proposed AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this proposed AD, the operator may not be able to accomplish the
actions described in the revisions. In this situation, to comply with
14 CFR 91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j)(1) of this proposed AD.
The request should include a description of changes to the required
inspections that will ensure the continued operational safety of the
airplane.

Differences Between This Proposed AD and the MCAI or Service
Information

    The MCAI specifies that if there are findings from the
airworthiness limitations section (ALS) inspection tasks, corrective
actions must be accomplished in accordance with Airbus maintenance
documentation. However, this proposed AD does not include that
requirement. Operators of U.S.-registered airplanes are required by
general airworthiness and operational regulations to perform
maintenance using methods that are acceptable to the FAA. We consider
those methods to be adequate to address any corrective actions
necessitated by the findings of ALS inspections required by this
proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 5 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2018-0390; Product Identifier 2017-NM-130-AD.

(a) Comments Due Date

    We must receive comments by June 25, 2018.

(b) Affected ADs

    This AD affects AD 2014-16-13, Amendment 39-17937 (79 FR 51083,
August 27, 2014) (``AD 2014-16-13'').

(c) Applicability

    This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-
203, B4-2C, B4-103, and B4-203 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a revision of an airworthiness
limitation items (ALI) document. We are issuing this AD to prevent
reduced structural integrity of the airplane and possible loss of
controllability of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
safe life limits included in figure 1 to paragraph (g) of this AD.
The initial compliance time for the replacements is prior to the
applicable life limits specified in figure 1 to paragraph (g) of
this AD, or within 90 days after the effective date of this AD,
whichever occurs later. The term ``FH'' in figure 1 to paragraph (g)
of this AD means total flight hours. The term ``LDG'' in figure 1 to
paragraph (g) of this AD means total airplane landings.
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BILLING CODE 4910-13-C

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(i) Terminating Action for AD 2014-16-13

    Accomplishing the actions required by this AD terminates all
requirements of AD 2014-16-13.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0145, dated August 31,
2017, for related information. This MCAI may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0390.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th Street, Des Moines, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09847 Filed 5-10-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Rules and Regulations]
[Page 57167-57169]
[DOCID:fr20se10-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0842]
RIN 1625-AA00

Safety Zone; CLS Fall Championship Hydroplane Race, Lake
Sammamish, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Lake Sammamish, WA for the Composite Laminate Specialties
(CLS) Fall Championship Hydroplane Race. This action is necessary to
ensure public safety from the intrinsic dangers associated with high-
speed races while ensuring unencumbered access for rescue personnel in
the event of an emergency. During the enforcement period, no person or
vessel will be allowed to enter the safety zone without the permission
of the Captain of the Port or Designated Representative.

DATES: This rule is effective from 9 a.m. on October 1, 2010, through 7
p.m. on October 3, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0842 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0842 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Ashley M. Wanzer, Sector Puget
Sound Waterways Management Division, Coast Guard; telephone 206-217-
6175, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 to do so would be impracticable since
the Hydroplane Races would be over by the time the notice could be
published and comments taken.
    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. In addition to the reasons stated
above, this rule is intended to ensure the safety of the event
participants, spectators and other waterway users; thus any delay in
the rule's effective date would cause a safety hazard to the public.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of
participants, vessels and spectators from hazards associated with high-
speed hydroplane races. Hydroplane races have the potential to result
in serious injuries or fatalities. This rule is intended to restrict
vessels, vessel operators, and swimmers from entering the designated
hydroplane race area during times of enforcement of this zone.

Discussion of Rule

    Hydroplane races pose significant risks to participants, spectators
and the boating public because of the large number of spectators, and
vessel congestion occurring in the vicinity of the hydroplane race
course. This rule establishes a safety zone on Lake Sammamish, WA
encompassed by all waters south to land from a line starting at 47[deg]
33.810' N. 122[deg] 04.810' W. then east to 47[deg] 33.810' N. 122[deg]
03.674' W. This temporary safety zone is necessary

to ensure the safety of participants, spectators and vessels from
hazards associated with high-speed hydroplane races. The rule will be
enforced from 9 a.m. through 7 p.m. on each day from October 1 through
October 4, 2010.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule is not a significant regulatory
action because it is short in duration and minimal in size.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit the affected portion of Lake Sammamish during times of
enforcement of this safety zone. This rule will not have a significant
effect or economic impact on those small entities because this safety
zone is located in a remote area with low vessel traffic, is short in
duration and limited in size.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969

(NEPA) (42 U.S.C. 4321-4370f), and have concluded 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 is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
rule involves the establishment of a temporary safety zone. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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:  33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. Add Sec.  165.T13-162 to read as follows:

Sec.  165.T13-162  Safety Zone; Composite Laminate Specialties Fall
Championship Hydroplane Race, Lake Sammamish, WA

    (a) Location. All waters encompassed on the waters of Lake
Sammamish, WA, south to land from a line starting at 47[deg] 33.810' N
122[deg] 04.810' W then east to 47[deg] 33.810' N 122[deg] 03.674' W.
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel operator may enter or remain in the
safety zone without the permission of the Captain of the Port or
Designated Representative. The Captain of the Port may be assisted by
other federal, state, or local agencies with the enforcement of the
safety zone.
    (c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting the on-scene patrol craft.
Vessel operators granted permission to enter the zone will be escorted
by the on-scene patrol craft until they are outside of the safety zone.
    (d) Enforcement Period. This rule is effective from 9 a.m. to 7
p.m. on October 1 through October 3, 2010, unless canceled sooner by
the Captain of the Port, Puget Sound.

    Dated: September 2, 2010.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-23358 Filed 9-17-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50102-50103]
[FR Doc No: 2021-19200]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF21-5-000]

Western Area Power Administration; Notice of Filing

    Take notice that on August 20, 2021, Western Area Power
Administration submitted tariff filing: Fiscal Year 2022 Base Charge
and Rates for Boulder Canyon Project, to be effective 10/1/2021.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission strongly encourages electronic filings of comments,
protests

and interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First
Street, NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 20, 2021.

    Dated: August 31, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-19200 Filed 9-3-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Notices]
[Page 43482-43483]
[DOCID:fr25jy08-111]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Liberal Mid-America Regional Airport, Liberal, KS

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of Request to Release Airport Property.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at the Liberal Mid-America Regional Airport under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before August 25, 2008.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Federal Aviation Administration,
Central Region, Airports Division, 901 Locust, Kansas City, Missouri
64106-2325.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Ms. Debra S. Giskie, Airport Manager, at the
following address: City of Liberal, P.O. Box 2199, Liberal, KS 67905-
2199.

FOR FURTHER INFORMATION CONTACT: Nicoletta Oliver, Airports Compliance
Specialist, FAA, Central Region, 901 Locust, Kansas City, MO 64106-
2325,<PHONE_NUMBER>.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the request to release property at the Liberal Mid-America
Regional Airport under the provisions of AIR 21.
    On July 10, 2008, the FAA determined that the request to release
property at the Liberal Mid-America Regional Airport submitted by the
City of Liberal, met the procedural requirements of the Federal
Aviation Administration. The FAA will approve or disapprove the
request, in whole or in part, no later than October 30, 2008.
    The following is a brief overview of the request.
    The City of Liberal requests the release of approximately 61.05
acres of airport property. The purpose of this release is to allow the
City to sell this property to generate revenue for the airport and make
it as self-sustaining as possible. The land is vacant and not needed
for aviation purposes.

    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents germane to the request in person at the
Liberal Mid-America Regional Airport, Liberal, Kansas.

    Issued in Kansas City, Missouri, on July 10, 2008.
Michael Faltermeier,
Acting Manager, Airports, Central Region.
[FR Doc. E8-17005 Filed 7-24-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7426]
[DOCID:fr17fe09-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-12-000]

Humble Gas Pipeline Company; Notice of Filing

February 6, 2009.
    Take notice that on January 30, 2009, Humble Gas Pipeline Company
(HGPC) filed a revised Statement of Operating Conditions pursuant to
section 284.123 of the Commission's regulations to: (1) Add clarifying
definitional language, (2) add detailed rate information pursuant to
Order 714, (3) add information regarding nominations, measurement, gas
quality and creditworthiness assessment; and (4) make ministerial
corrections.
    Any person desiring to participate in this proceeding must file a
motion to intervene or to protest this filing must file in accordance
with Rules 211 and 214 of the Commission's Rules of Practice and
Procedure (18 CFR 385.211 and 385.214). Protests will be considered by
the Commission in determining the appropriate action to be taken, but
will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-3223 Filed 2-13-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Rules and Regulations]
[Page 78651-78655]
[DOCID:fr23de08-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-SFUND-2008-0873; FRL-8755-6]
RIN 2050-AG47

Amendment to Standards and Practices for All Appropriate
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to amend the Standards and
Practices for All Appropriate Inquiries to reference a standard
practice recently made available by ASTM International, a widely
recognized standards development organization. Specifically, this
direct final rule amends the All Appropriate Inquiries Rule to
reference ASTM International's E2247-08 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process for Forestland or Rural Property'' and allow for its use to
satisfy the statutory requirements for conducting all appropriate
inquiries under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA).

DATES: This rule is effective on March 23, 2009, without further
notice, unless EPA receives adverse comment by January 22, 2009. If EPA
receives such comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-
SFUND-2008-0873] by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Superfund Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of two copies.
     Hand Delivery: EPA Headquarters West Building, Room 3334,
located at 1301 Constitution Ave., NW., Washington, DC. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The EPA Headquarters Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday
through Friday, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2008-0873. Please reference Docket number EPA-HQ-SFUND-2008-0873 when
submitting your comments.
    EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
    Docket: You may use EPA Dockets at http://www.epa.gov/edocket/ to
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
docket identification number.
    All documents in the docket are listed in the http://
www.regulations.gov index. Certain types of information claimed as CBI,
and other information whose disclosure is restricted by statute, will
not be available for public viewing in EPA's electronic public docket.
EPA's policy is that copyrighted material, such as ASTM Internationals'
E2247-08 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process for Forestland or Rural
Property'' will not be place in EPA's electronic public docket but will
be publicly available only in printed form in the official public
docket. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the HQ
EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room at this docket facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Superfund Docket is
(202) 566-9744.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
CERCLA Call Center at<PHONE_NUMBER> or TDD<PHONE_NUMBER> (hearing
impaired). In the Washington, DC metropolitan area, call<PHONE_NUMBER>
or TDD<PHONE_NUMBER>. For more detailed information on specific aspects
of this rule, contact Patricia Overmeyer, Office of Brownfields and
Land Revitalization (5105T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460-0002,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
Regulated Entities

    Today's action offers certain parties the option of using an
available industry standard to conduct all appropriate inquiries at
certain properties. Parties purchasing large tracts (greater than 120
acres) of forested land and parties purchasing large rural properties
may use the ASTM E2247-08 standard practice to comply with the all
appropriate inquiries requirements of CERCLA. Today's rule does not
require any entity to use this standard. Any party who wants to claim
protection from liability under CERCLA may follow the regulatory
requirement of the All Appropriate Inquiries Final Rule at 40 CFR part
312, or use the ASTM E1527-05 Standard Practice for Phase I
Environmental Site Assessments to comply with the all appropriate
inquiries provision of CERCLA.
    Entities potentially affected by this action, or who may choose to
use the newly referenced ASTM standard to perform all appropriate
inquiries, include public and private parties who, as bona fide
prospective purchasers, contiguous property owners, or innocent
landowners, are purchasing large tracts of forested lands or large
rural properties and intend to claim a limitation on CERCLA liability
in conjunction with the property purchase. In addition, any entity
conducting a site characterization or assessment on a property that
consists of large tracts of forested land or a large rural property
with a brownfields grant awarded under CERCLA section104(k)(2)(B)(ii)
may be affected by today's action. This includes State, local and
Tribal governments that receive brownfields site assessment grants. A
summary of the potentially affected industry sectors (by North American
Industry Classification

System (NAICS) codes) is displayed in the table below.

------------------------------------------------------------------------
                  Industry category                        NAICS code
------------------------------------------------------------------------
Real Estate..........................................                531
Insurance............................................              52412
Banking/Real Estate Credit...........................              52292
Environmental Consulting Services....................              54162
State, Local and Tribal Government...................     926110, 925120
Federal Government...................................    925120, 921190,
                                                                  924120
------------------------------------------------------------------------

    The list of potentially affected entities in the above table may
not be exhaustive. Our aim is to provide a guide for readers regarding
those entities that EPA is aware potentially could be affected by this
action. However, this action may affect other entities not listed in
the table. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section entitled FOR FURTHER INFORMATION CONTACT.

Preamble

I. Statutory Authority
II. Background
III. This Action
IV. Administrative Requirements

I. Statutory Authority

    This direct final rule amends the All Appropriate Inquiries Final
Rule setting federal standards for the conduct of ``all appropriate
inquiry'' at 40 CFR part 312. The All Appropriate Inquiries Final Rule
sets forth standards and practices necessary for fulfilling the
requirements of CERCLA section 101(35)(B) as required to obtain CERCLA
liability relief and for conducting site characterizations and
assessments with the use of brownfields grants per CERCLA section
104(k)(2)(B)(ii).

II. Background

    On January 11, 2002, President Bush signed the Small Business
Liability Relief and Brownfields Revitalization Act (``the Brownfields
Amendments''). In general, the Brownfields Amendments to CERCLA provide
funds to assess and clean up brownfields sites; clarifies CERCLA
liability provisions related to innocent purchasers of contaminated
properties; and provides funding to enhance State and Tribal cleanup
programs. In part, subtitle B of the Brownfields Amendments revises
some of the provisions of CERCLA section 101(35) and limits Superfund
liability under section 107 for bona fide prospective purchasers and
contiguous property owners, in addition to clarifying the requirements
necessary to establish the innocent landowner defense under CERCLA. The
Brownfields Amendments clarified the requirement that parties
purchasing potentially contaminated property undertake ``all
appropriate inquiry'' into prior ownership and use of property prior to
purchasing the property in order to qualify for protection from CERCLA
liability.
    The Brownfields Amendments required EPA to develop regulations
establishing standards and practices for how to conduct all appropriate
inquiries. EPA promulgated regulations that set standards and practices
for all appropriate inquiries on November 1, 2005 (70 FR 66070). In the
final regulation, EPA referenced, and recognized as compliant with the
final rule, the ASTM E1527-05 ``Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process.
Therefore, the final rule (40 CFR part 312) allows for the use of the
ASTM E1527-05 standard to conduct all appropriate inquiries, in lieu of
following requirements included in the final rule.
    Since EPA promulgated the All Appropriate Inquiries Final Rule
setting standards and practices for the conduct of all appropriate
inquiries, ASTM International published a new Phase I site assessment
standard specifically tailored to conducting site assessments of large
tracts of rural and forestland property. This standard, ASTM E2247-08,
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property,'' was reviewed by EPA, in response to a request for its
review by ASTM International, and determined by EPA to be compliant
with the requirements of the All Appropriate Inquiries Final Rule.
    Today's direct final rule amends the All Appropriate Inquiries
Final Rule to allow the use of the recently revised ASTM standard,
E2247-08, for conducting all appropriate inquiries, as required under
CERCLA for establishing the innocent landowner defense, as well as
qualifying for the bona fide prospective purchaser and contiguous
property owner liability protections.
    With today's action, EPA is establishing that, parties seeking
liability relief under CERCLA's landowner liability protections, as
well as recipients of brownfields grants for conducting site
assessments, will be considered to be in compliance with the
requirements for all appropriate inquiries, as required in the
Brownfields Amendments to CERCLA, if such parties comply with the
procedures provided in the ASTM E2247-08, ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process for Forestland or Rural Property.'' EPA determined that it is
reasonable to promulgate this clarification as a direct final rule that
is effective immediately, rather than delay promulgation of the
clarification until after receipt and consideration of public comments.
EPA made this determination based upon the Agency's finding that the
ASTM E2247-08 standard is compliant with the All Appropriate Inquiries
Final Rule and the Agency sees no reason to delay allowing for its use
in conducting all appropriate inquiries. The Agency notes that today's
action does not require any party to use the ASTM E2247-08 standard.
Any party conducting all appropriate inquiries to comply with the
CERCLA requirements at section 101(35)(B) for the innocent landowner
defense, the contiguous property owner liability protection, or the
bona fide prospective purchaser liability protection may continue to
follow the provisions of the All Appropriate Inquiries Final Rule at 40
CFR part 312 or use the ASTM E1527-05 Standard.
    In taking today's action, the Agency is allowing for the use of an
additional recognized standard or customary business practice, in
complying with a federal regulation. Today's action does not require
any person to use the newly recognized standard. Today's action merely
allows for the use of ASTM International's E2247-08 ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property'' for those parties
purchasing relatively large tracts of rural property or forestlands who
want to use the ASTM E2247-08 standard in lieu of the following
specific requirements of the All Appropriate Inquiries Final Rule or
the ASTM E1527-05 standard.
    The Agency notes that there are no significant differences between
the regulatory requirements and the two ASTM standards. To facilitate
an understanding of the slight differences between the All Appropriate
Inquiries Final Rule, the ASTM E1527-05 Phase I Environmental Site
Assessment Standard and the ASTM E2247-08 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process for Forestland or Rural Property,'' as well as the
applicability of the E2247-08 standard to certain types of properties,
EPA developed, and placed in the docket for today's action, the
document ``Comparison of All Appropriate Inquiries Regulation and

ASTM E2247-08 Phase I Environmental Site Assessment Process for
Forestland or Rural Property.'' The document provides a comparison of
the federal regulation and the two ASTM standards.
    By taking today's action, EPA is fulfilling the intent and
requirements of the National Technology Transfer and Advancement Act of
1995 (NTTAA), Public Law 104-113.

III. This Action

    EPA is publishing this direct final rule without prior proposal
because the Agency wants to provide additional flexibility for grant
recipients or other entities who may benefit from the use of the ASTM
E2247-08 standard. In addition, the Agency views this as a
noncontroversial action and anticipates no adverse comment. We believe
that today's action is reasonable and can be promulgated without
consideration of public comment because it allows for the use of a
tailored standard developed by a recognized standards developing
organization and that was reviewed by EPA and determined to be
equivalent to the Agency's final rule. Today's action does not disallow
the use of the previously recognized standard (ASTM E1527-05) and it
does not alter the requirements of the previously promulgated final
rule. In addition, today's action will potentially increase flexibility
for some parties who may make use of the new standard, without placing
any additional burden on those parties who prefer to use either the
ASTM E1527-05 standard or follow the requirements of the All
Appropriate Inquiries Final Rule when conducting all appropriate
inquiries.
    Although we view today's action as noncontroversial, in the
``Proposed Rules'' section of today's Federal Register, we are
publishing a separate proposed rule containing the clarification
summarized above. That proposed rule will serve as the proposal to be
revised if adverse comments are received. If EPA does not receive
adverse comment in response to this direct final rule prior to January
22, 2009, this rule will become effective on March 23, 2009, without
further notice. If EPA receives adverse comment, we will publish a
timely withdrawal of this direct final rule in the Federal Register,
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time and before January 22,
2009.

IV. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735 (October 4, 1993)), and is therefore not subject
to review by the Office of Management and Budget under the EO.

B. Paperwork Reduction Act

    Today's action includes no information collection requirements and
therefore no associated burdens. The action will not result in any
change to the current regulation other than to allow for the use of an
additional standard.

C. Regulatory Flexibility Act

    Today's direct rule is not subject to the Regulatory Flexibility
Act (RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. (5 U.S.C. 601 et
seq.). Although the rule is subject to the APA, the Agency has invoked
the ``good cause'' exemption under 5 U.S.C. 553(b), therefore it is not
subject to the notice and comment requirements under the APA or any
other statute. Today's action does not change the current regulatory
status quo and it has no economic impact. Therefore, it is not subject
to the regulatory flexibility provisions of the Regulatory Flexibility
Act.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This action merely allows for the use of a voluntary consensus
standard. This action allows the newly recognized standard to be used
by any entity. The action imposes no new regulatory requirements and
will result in no additional burden to any entity. Thus, this rule is
not subject to the requirements of sections 202 or 205 of the Unfunded
Mandates Reform Act. This rule is also not subject to the requirements
of section 203 of UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments. This
action imposes no enforceable duty on any State, local or tribal
governments or the private sector.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August
10, 1999)), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the EO to
include regulations that have ``substantial direct effects 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.''
    This direct final rule does not have federalism implications. It
will not have substantial direct effects 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, as specified in EO 13132. Thus, EO 13132 does not apply to
this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in EO
13175, entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249 (November 9, 2000)). Today's action does not
change any current regulatory requirements and therefore does not
impose any impacts upon tribal entities. Thus, EO 13175 does not apply
to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to EO 13045, ``Protection of Children
From Environmental Health Risks and Safety Risks'' (62 FR 19885 (April
23, 1997)), because it is not economically significant as defined in EO
12866, and EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to EO 13211, entitled ``Actions
Concerning Regulations That Significantly Affect

Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)),
because it is not a significant regulatory action under EO 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This action does involve technical standards. Therefore, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) apply. The NTTAA was signed
into law on March 7, 1996 and, among other things, directs the National
Institute of Standards and Technology (NIST) to bring together federal
agencies as well as state and local governments to achieve greater
reliance on voluntary standards and decreased dependence on in-house
standards. It states that use of such standards, whenever practicable
and appropriate, is intended to achieve the following goals: (a)
Eliminate the cost to the government of developing its own standards
and decrease the cost of goods procured and the burden of complying
with agency regulation; (b) provide incentives and opportunities to
establish standards that serve national needs; (c) encourage long-term
growth for U.S. enterprises and promote efficiency and economic
competition through harmonization of standards; and (d) further the
policy of reliance upon the private sector to supply Government needs
for goods and services. The Act requires that federal agencies adopt
private sector standards, particularly those developed by standards
developing organizations (SDOs), wherever possible in lieu of creating
proprietary, non-consensus standards.
    Today's action is compliant with the spirit and requirements of the
NTTAA. Today's action allows for the use of the ASTM International
standard known as Standard E2247-08 and entitled ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property.''

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898, entitled ``Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629 (Feb. 16, 1994)), establishes federal
executive policy on environmental justice. Its main provision directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
    EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. Today's action does not change any regulatory requirements
or impose any new requirements.

K. Congressional Review Act

    The Congressional Review Act, as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, generally provides that
before a rule may take effect, the agency promulgating the rule must
submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States. 5
U.S.C. 801 et seq. EPA submitted a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule is effective
on March 23, 2009, unless EPA receives adverse comment by January 22,
2009.

List of Subjects in 40 CFR Part 312

    Administrative practice and procedure, Hazardous substances.

    Dated: December 17, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40 chapter I of the code
of Federal Regulations is amended as follows:
0
Title 40 Chapter I is amended as follows:

PART 312--[AMENDED]

0
1. The authority citation for part 312 continues to read as follows:

    Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C.
9601(3)(B).

Subpart B--Definitions and References

0
2. Section 312.11 is amended by adding paragraph (b) to read as
follows:

Sec.  312.11  References.

* * * * *
    (b) The procedures of ASTM International Standard E2247-08 entitled
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property.'' This standard is available from ASTM International at
http://www.astm.org, 1-610-832-9585.

[FR Doc. E8-30536 Filed 12-22-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Page 38859]
[FR Doc No: 2023-12731]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL23-73-000]

Idaho Power Company; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On June 8, 2023, the Commission issued an order in Docket No. EL23-
73-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation to determine whether Idaho
Power Company's market-based rate authority in the Idaho Power
balancing authority area is unjust, unreasonable, unduly discriminatory
or preferential, or otherwise unlawful and to establish a refund
effective date. Idaho Power Company, 183 FERC ] 61,168 (2023).
    The refund effective date in Docket No. EL23-73-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL23-73-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2022), within 21 days of the date of
issuance of the order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 8, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-12731 Filed 6-13-23; 8:45 am]
BILLING CODE 6717-01-P