[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Rules and Regulations]
[Page 61018-61021]
[DOCID:fr23no09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1070; Directorate Identifier 2009-NM-180-AD;
Amendment 39-16089; AD 2008-06-20 R1]
RIN 2120-AA64

Airworthiness Directives; Fokker Model F.28 Mark 0070, 0100,
1000, 2000, 3000, and 4000 Airplanes

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

ACTION: Final rule; request for comments.

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

    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.

    This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective December 8, 2009.
    On April 23, 2008 (73 FR 14661, March 19, 2008), the Director of
the Federal Register approved the incorporation by reference of certain
publications listed in the AD.
    We must receive comments on this AD by January 7, 2010.

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 AD, contact Fokker
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-
Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31 (0)252-
627-211; e-mail technicalservices.fokkerservices@ stork.com; Internet
http://www.myfokkerfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the 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:

Discussion

    On March 9, 2008, we issued AD 2008-06-20, Amendment 39-15432 (73
FR 14661, March 19, 2008). That AD applied to certain Fokker Model F.28
Mark 0070, 0100, 1000, 2000, 3000, and 4000 airplanes. That AD required
revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness for certain airplanes, and the
FAA-approved maintenance program for certain other airplanes, to
incorporate new limitations for fuel tank systems.
    Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS for certain
airplanes, and the FAA-approved maintenance program for certain other
airplanes, to incorporate new limitations for fuel tank systems. But
once the CDCCLs are incorporated into the ALS for certain airplanes,
and the FAA-approved maintenance program for certain other airplanes,
to incorporate new limitations for fuel tank systems, future
maintenance actions on components must be done in accordance with those
CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. This new
AD retains the requirements of the existing AD, and adds a new note to
clarify the intended effect of the AD on spare and on-airplane fuel
tank system components. We have renumbered subsequent notes
accordingly.

Explanation of Additional Change to AD

    AD 2008-06-20 allowed the use of an alternative inspection,
inspection interval, or CDCCL if it is part of a later revision of the
of Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and CDCCL
Report SE-672, Issue 2, dated December 1, 2006; or Fokker Service
Bulletin SBF28-28-050, Revision 1, dated January 8, 2008. That
provision has been removed from this AD. Allowing the use of ``a later
revision'' of specific service document violates Office of the Federal
Register policies for approving materials that are incorporated by
reference. Affected operators, however, may request approval to use a
later revision of the referenced service documents as an alternative
method of compliance, under the provisions of paragraph (g)(1) of this
AD.

Differences Between the 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 required 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 AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    We estimate that this AD will affect 18 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $1,440, or $80 per product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1070; Directorate
Identifier 2009-NM-180-AD'' at the beginning of your comments. We
specifically invite comments on the

overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15432 (73 FR
14661, March 19, 2008) and adding the following new AD:

2008-06-20 R1 Fokker Services B.V.: Amendment 39-16089. Docket No.
FAA-2009-1070; Directorate Identifier 2009-NM-180-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
8, 2009.

Affected ADs

    (b) This AD revises AD 2008-06-20, Amendment 39-15432.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and 0100
airplanes, all serial numbers, certificated in any category; and
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes, serial numbers
11003 through 11241 inclusive, and 11991 and 11992, certificated in
any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections 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 (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.
25.1309.
    In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: the date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
    This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations, comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
    The corrective action includes revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness for certain airplanes, and the FAA-approved
maintenance program for certain other airplanes, to incorporate new
limitations for fuel tank systems.

Restatement of Requirements of AD 2008-06-20, With Change to Compliance
Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after April 23, 2008 (the effective date of
AD 2008-06-20), do the action in paragraph (f)(1)(i) or (f)(1)(ii)
of this AD, as applicable. For all identified tasks, the initial
compliance time starts from April 23, 2008. The repetitive
inspections must be accomplished thereafter at the intervals not to
exceed those specified in Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL) Report SE-672, Issue 2, dated December 1, 2006;
or Fokker Service Bulletin SBF28-28-050, Revision 1, dated January
8, 2008; as applicable; except as provided by paragraphs (f)(3),
(f)(4), and (g)(1) of this AD.
    (i) For Model F.28 Mark 0070 and 0100 airplanes: Revise the ALS
of the Instructions

for Continued Airworthiness to incorporate the inspections,
thresholds, and intervals specified in Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL) Report SE-672, Issue 2,
dated December 1, 2006.
    (ii) For Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes:
Incorporate into the FAA-approved maintenance inspection program the
inspections, thresholds, and intervals specified in Fokker Service
Bulletin SBF28-28-050, Revision 1, dated January 8, 2008.
    (2) Within 3 months after April 23, 2008, do the action in
paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as applicable.
    (i) For Model F.28 Mark 0070 and 0100 airplanes: Revise the ALS
of the Instructions for Continued Airworthiness to incorporate the
CDCCLs as defined in Fokker 70/100 Fuel Airworthiness Limitation
Items (ALI) and Critical Design Configuration Control Limitations
(CDCCL) Report SE-672, Issue 2, dated December 1, 2006, except for
the CDCCL component titled ``Level Control Pilot Valve Solenoid,
jiffy junction.''
    (ii) For Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes:
Incorporate into the FAA-approved maintenance inspection program the
CDCCLs as defined in Fokker Service Bulletin SBF28-28-050, Revision
1, dated January 8, 2008.
    (3) Where Fokker 70/100 Fuel Airworthiness Limitation Items
(ALI) and Critical Design Configuration Control Limitations (CDCCL)
Report SE-672, Issue 2, dated December 1, 2006; and Fokker Service
Bulletin SBF28-28-050, Revision 1, dated January 8, 2008; allow for
exceptional short-term extensions, an exception is acceptable to the
FAA if it is approved by the appropriate principal inspector in the
FAA Flight Standards Certificate Holding District Office.
    (4) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) of this AD, no alternative inspection, inspection
interval, or CDCCL may be used, unless the inspection, interval, or
CDCCL is approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (g)(1) of this
AD.
    (5) Actions done before the effective date of this AD in
accordance with Fokker 70/100 Fuel Airworthiness Limitation Items
(ALI) and Critical Design Configuration Control Limitations (CDCCL)
Report SE-672, Issue 1, dated January 31, 2006; or Fokker Service
Bulletin F28/28-050, dated June 30, 2006; are acceptable for
compliance with the corresponding requirements of this AD.

    Note 2:  For Model F.28 Mark 1000, 2000, 3000, and 4000
airplanes, after an operator complies with the requirements of
paragraphs (f)(1)(ii) and (f)(2)(ii) of this AD, those paragraphs do
not require that operators subsequently record accomplishment of
those requirements each time an applicable action is accomplished
according to that operator's FAA-approved maintenance inspection
program.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS
for certain airplanes, and the FAA-approved maintenance program for
certain other airplanes, as required by paragraph (f) of this AD, do
not need to be reworked in accordance with the CDCCLs. However, once
the ALS for certain airplanes, and the FAA-approved maintenance
program for certain other airplanes has been revised, future
maintenance actions on these components must be done in accordance
with the CDCCLs.

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards 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 ensure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0206, dated June 11, 2006; EASA
Airworthiness Directive 2006-0208, dated July 12, 2006; Fokker 70/
100 Fuel Airworthiness Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL) Report SE-672, Issue 2,
dated December 1, 2006; and Fokker Service Bulletin SBF28-28-050,
Revision 1, dated January 8, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Fokker 70/100 Fuel Airworthiness Limitation
Items (ALI) and Critical Design Configuration Control Limitations
(CDCCL) Report SE-672, Issue 2, dated December 1, 2006; and Fokker
Service Bulletin SBF28-28-050, Revision 1, dated January 8, 2008; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register previously approved the
incorporation by reference of Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL) Report SE-672, Issue 2, dated December 1, 2006;
and Fokker Service Bulletin SBF28-28-050, Revision 1, dated January
8, 2008; on April 23, 2008 (73 FR 14661, March 19, 2008).
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; e-mail
<EMAIL_ADDRESS>Internet http://
www.myfokkerfleet.com.
    (3) You may review copies of the 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> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-27962 Filed 11-20-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48658-48659]
[FR Doc No: 2022-17126]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 298-083]

Southern California Edison Company; Notice of Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Temporary variance of license flow
requirements.
    b. Project No.: 298-083.

    c. Date Filed: July 20, 2022.
    d. Applicant: Southern California Edison Company (licensee).
    e. Name of Project: Kaweah Project.
    f. Location: The project is located on the East Fork, Marble Fork,
and Middle Fork of the Kaweah River in Tulare County, California, and
occupies lands of the United States administered by the Bureau of Land
Management.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Wayne Allen, Southern California Edison
Company, 1515 Walnut Grove Avenue, Rosemead, California 91770; (626)
302-9741; [email protected].
    i. FERC Contact: Joy Kurtz,<PHONE_NUMBER>, [email protected].
    j. Deadline for filing comments, motions to intervene, and protests
is September 2, 2022.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). 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, MD 20852. The first page of any filing should
include docket number P-298-083. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests Commission
approval through the end of 2022 for a temporary variance of the
minimum flow requirements below the Kaweah No. 1 and No. 2 diversions,
as required by Article 405 of the project license. The licensee states
that the projected runoff is extremely low, and current runoff in the
Kaweah River and East Fork Kaweah River is at the lowest level in 20
years. Being that the licensee cannot accurately forecast long-term
runoff during this extreme drought event, it is proactively requesting
the temporary variance to allow it to balance available instream flow
with its contractual water rights obligations, should it become
necessary. Should drought conditions persist and the temporary variance
is implemented, the licensee would deliver the minimum amount of water
necessary through the respective diversion in order to meet its
contractual water rights obligations; the licensee would not generate
at the respective powerhouse(s) during implementation of the variance.
The licensee would only implement the variance in the event that low
inflow into the diversion dam(s) impairs the ability to meet both
minimum instream flow releases and domestic water supply requirements.
Additionally, the licensee proposes to monitor and report flow
conditions to U.S. Fish and Wildlife Service and California Department
of Fish and Wildlife during the temporary variance.
    l. Locations of the Application: 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 website at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 385.2010.

    Dated: August 3, 2022.
Kimberly Bose,
Secretary.
[FR Doc. 2022-17126 Filed 8-9-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]
[Page 59686-59687]
[DOCID:fr09oc08-146]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Rule 11a1-1(T), OMB Control No. 3235-0478, SEC File No. 270-428.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
     Rule 11a1-1(T)--Transactions Yielding Priority, Parity,
and Precedence
    On January 27, 1976, the Commission adopted Rule 11a1-1(T)--
Transactions Yielding Priority, Parity, and Precedence (17 CFR
240.11a1-1(T)) under the Securities Exchange Act of 1934 (15 U.S.C. 78
et seq.) (``Exchange Act''), to exempt certain transactions of exchange
members for their own accounts that would otherwise be prohibited under
Section 11(a) of the Exchange Act. The rule provides that a member's
proprietary order may be executed on the exchange of which the trader
is a member, if, among other things: (1) The member discloses that a
bid or offer for its account is for its account to any member with whom
such bid or offer is placed or to whom it is communicated; (2) any such
member through whom that bid or offer is communicated discloses to
others participating in effecting the order that it is for the account
of a member; and (3) immediately before executing the

order, a member (other than a specialist in such security) presenting
any order for the account of a member on the exchange clearly announces
or otherwise indicates to the specialist and to other members then
present that he is presenting an order for the account of a member.
    Without these requirements, it would not be possible for the
Commission to monitor its mandate under the Exchange Act to promote
fair and orderly markets and ensure that exchange members have, as the
principle purpose of their exchange memberships, the conduct of a
public securities business.
    There are approximately 1,151 respondents that require an aggregate
total of 32 hours to comply with this rule. Each of these approximately
1,151 respondents makes an estimated 20 annual responses, for an
aggregate of 23,020 responses per year. Each response takes
approximately 5 seconds to complete. Thus, the total compliance burden
per year is 32 hours (23,020 x 5 seconds/60 seconds per minute/60
minutes per hour = 32 hours). The approximate cost per hour is $519,
resulting in a total cost of compliance for the annual burden of
$16,608 (32 hours @ $519).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Comments should be directed to: Lewis W. Walker, Acting Director,
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312
or send an e-mail to<EMAIL_ADDRESS>
    Dated: October 1, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23929 Filed 10-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 544-545]
[FR Doc No: 2010-33251]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-50-000]

PetroLogistics Natural Gas Storage, LLC; Notice of Application

December 28, 2010.
    Take notice that on December 14, 2010, PetroLogistics Natural Gas
Storage, LLC (PetroLogistics), 4470 Bluebonnet Blvd., Baton Rouge,
Louisiana 70809, filed in Docket No.

CP11-50-000, an application pursuant to section 7(c) of the Natural Gas
Act (NGA) and Part 157 of the Commission's regulations, requesting a
certificate of public convenience and necessity to construct the
Choctaw Hub Expansion Project in Iberville Parish, Louisiana.
Specifically, the project consists of (1) placing into Commission-
jurisdictional service two existing salt storage caverns; (2)
constructing 13 miles of 30-inch pipeline that will parallel
PetroLogistics' existing header; (3) constructing two new compressor
units, totaling 27,000 horsepower, at its existing compressor station;
(4) constructing associated piping, measuring, and appurtenant
facilities in order to integrate the proposed project into
PetroLogistics' existing storage facility; and (5) increasing the
maximum daily deliverability and withdrawal capacity of the storage
facility, all as more fully set forth in the application which is on
file with the Commission and open to public inspection. This filing may
also be viewed on the Commission's Web site at 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.
For assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Allen Kirkley, PetroLogistics Natural Gas Storage, LLC, 4470 Bluebonnet
Blvd., Baton Rouge, Louisiana 70809, or by calling<PHONE_NUMBER>
(telephone) or<PHONE_NUMBER> (fax).
    Pursuant to section 157.9 of the Commission's regulations, 18 CFR
157.9, within 90 days of this Notice, the Commission's staff will
either complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission's staff issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify Federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to reach a final decision on a request
for federal authorization within 90 days of the date of issuance of the
Commission staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    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 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. See, 18 CFR 385.2001(a) (1) (iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.

    Comment Date: January 18, 2011.

Nathaniel J. Davis, Sr.,
Deputy Secretary.

[FR Doc. 2010-33251 Filed 1-4-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26978-26980]
[FR Doc No: 2022-09439]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1048; Airspace Docket No. 21-ASO-13]
RIN 2120-AA66

Amendment of VOR Federal Airways V-7, V-9, and V-11; Eastern
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies VHF Omnidirectional Range (VOR) Federal
airway V-11. This action is necessary due to the planned
decommissioning of the Dyersburg, TN, (DYR); and the Holly Springs, MS
(HLI) VOR Tactical Air Navigation (VORTAC) facilities, under the FAA's
VOR Minimum Operational Network (MON) program, which provide navigation
guidance for segments of the routes. The FAA originally proposed to
amend V-7 and V-9 with this rule but these routes require further
review and are being delayed to a later date.

DATES: Effective date 0901 UTC, July 14, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA JO Order 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Policy Directorate, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-1048 in the Federal Register (86 FR 70992; December 14,
2021), modifying VOR Federal airways V-7, V-9, and V-11. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal. No comments were received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11F, dated August 10, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The VOR Federal
airway routes listed in this document will be published subsequently in
FAA Order JO 7400.11F.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Differences From the NPRM

    VOR Federal airways V-7 and V-9 are removed from this docket action
for further planning and coordination purposes. They are delayed to a
later date. Only the amendments to V-11 are implemented by this rule.
    Additionally, the description of V-11 published in the NPRM is
incorrect. The NPRM stated that V-11 extends ``between Magnolia, MS,
and the intersection of the Fort Wayne, IN, 038[deg] and the Flag City,
OH, 308[deg] radials.'' This was due to an editorial error by the
writer because the rule to implement that version of the description
had been previously withdrawn. The correct, current, description of V-
11 reads: ``From Brookley, AL; Greene County, MS; INT Greene County
315[deg] and Magnolia, MS, 133[deg] radials; Magnolia; Sidon, MS; Holly
Springs, MS; Dyersburg, TN; Cunningham, KY; Pocket City, IN; Brickyard,
IN; Marion, IN; Fort Wayne, IN; to INT Fort Wayne 038[deg] and Flag
City, OH, 308[deg] radials.''
    This latter description is the one that is currently depicted on
the IFR En Route charts, and is being modified by this rule as
described below.

The Rule

    The FAA is amending 14 CFR part 71 by modifying VOR Federal airway
V-11 in the eastern United States due to the planned decommissioning of
the Dyersburg, TN, (DYR) VORTAC; and the Holly Springs, MS, (HLI)
VORTAC as part of the FAA VOR MON program.
    V-11: V-11 currently extends between Brookley, AL, and the
intersection of the Fort Wayne, IN, 038[deg], and the Flag City, OH,
308[deg] radials. This action removes the segments from Sidon, MS; to
Holly Springs, MS; to Dyersburg, TN. As amended, V-11 consists of two
parts: ``From Brookley, AL; Greene County, MS; INT Greene County
315[deg] and Magnolia, MS 133[deg] radials, to Magnolia, MS. From
Cunningham, KY; Pocket City, IN; Brickyard, IN; Marion, IN; Fort Wayne,
IN; to INT Fort Wayne 038[deg], and the Flag City, OH, 308[deg]
radials.'',
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying VOR Federal
airway V-11, in support of the FAA VOR MON Project, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points); and paragraph 5-6.5b, which categorically excludes from
further environmental impact review ``Actions regarding establishment
of jet routes and Federal airways (see 14 CFR 71.15, Designation of jet
routes and VOR Federal airways) . . .''. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F,

Airspace Designations and Reporting Points, dated August 10, 2021, and
effective September 15, 2021, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-11 [Amended]

    From Brookley, AL; Greene County, MS; INT Greene County 315[deg]
and Magnolia, MS, 133[deg] radials; to Magnolia. From Cunningham,
KY; Pocket City, IN; Brickyard, IN; Marion, IN; Fort Wayne, IN; to
INT Fort Wayne 038[deg] and Flag City, OH, 308[deg] radials.
* * * * *

    Issued in Washington, DC, on April 28, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-09439 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

                             OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION

MEMORANDUM FOR THE RECORD

RE:  	Meeting with Air-Conditioning, Heating, and Refrigeration Institute on PIP (3:1) in the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)
List of Contents
 Meeting Summary
 Attendees
Meeting Summary

On February 11, 2022, representatives met with the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) to discuss upcoming compliance deadline of March 8, 2022 for of phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7) used in certain articles. EPA noted their concerns with meeting the compliance deadline and explained that we are currently in the rulemaking process so the level of detail that could be shared at this time with AHRI was limited. EPA supported future engagement and information from AHRI, and AHRI noted that they are working on a larger submission regarding the process for regulating articles.
Attendees
EPA:
Joel Wolf
Cindy Wheeler
Gabriela Rossner

AHRI:
Nick Harbeck
Helen Water-Terrinoni


[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32323-32327]
[FR Doc No: 2011-13754]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 45

[Docket No. USCG-1998-4623]
RIN 1625-AA17

Limited Service Domestic Voyage Load Lines for River Barges on
Lake Michigan

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the special load line exemption
regime for certain river barges operating on Lake Michigan, as
established in the final rule published on November 18, 2010.
Specifically, the weather restrictions based on Small Craft Advisory
conditions are being replaced with the original weather restrictions
implemented in 2002 by an interim rule.

DATES: This final rule is effective on June 15, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-1998-4623 and are 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. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-1998-4623 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Thomas Jordan, Office of Design and Engineering
Standards, Naval Architecture Division (CG-5212), Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Ms.
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
    A. Discussion of Public Comments
    B. Discussion of Changes
VI. Regulatory Analyses
    A. Executive Order 12866 and Executive Order 13563
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects

    L. Technical Standards
    M. Environment

I. Abbreviations

ABS American Bureau of Shipping
DHS Department of Homeland Security
HazMat Hazardous Material
NEPA National Environmental Policy Act of 1969
SCA Small Craft Advisory

II. Regulatory History

    On November 18, 2010, the Coast Guard published a final rule in the
Federal Register (75 FR 70595) (2010 final rule) that finalized the
special Lake Michigan load line regime that had been in effect under an
interim rule since 2002. The history of this rulemaking, from the
initial request by the Port of Milwaukee in 1991 through the publishing
of the final rule in 2010, is recounted in the 2010 final rule.
    The 2010 final rule revised and clarified some of the interim rule
provisions, including substitution of Small Craft Advisory (SCA)
conditions as the limiting weather restrictions in place of a variety
of weather conditions used under the interim rule.
    Subsequent to publishing the 2010 final rule (and before its
effective date), we published a notice of delay in the Federal Register
(75 FR 78928) on December 17, 2010. This notice was prompted by
comments from some operators that the use of SCA conditions as the
limiting weather restriction would adversely impact barge movements on
the Burns Harbor route. To adequately review this issue, we published
the notice of delay, which suspended the effective date of the SCA
weather restrictions for 6 months. The notice further explained our
rationale for using SCA conditions, opened a 30-day comment period, and
requested public comment specifically on the issue of weather
restrictions. During the delay period, the weather restrictions
established in the interim rule remained in effect, but all other
provisions in the final rule entered into effect on December 20, 2010,
as published.
    Under 5 U.S.C. 553(d)(1), the Coast Guard is making this rule
effective less than 30 days after publication in the Federal Register
because the rule relieves the restriction of Small Craft Advisories as
the limiting weather restrictions for participation in this regime.

III. Basis and Purpose

    The purpose of this current action is to amend the weather
restrictions in 46 CFR 45.171 (Table 45.171), 45.187, and 45.191, as
published in the 2010 final rule.
    This action is in accordance with 46 U.S.C. 5104(e), which
authorizes the Secretary to establish load line regulations for
specific geographic areas, taking into account weather and sea
conditions, and availability of safe refuge (this authority has been
delegated to the Coast Guard per DHS delegation 0170.1).

IV. Background

    This final rule narrowly pertains to the weather restrictions for
certain dry cargo river barges operating on Lake Michigan under a
special load line regime. Such restrictions are necessary because river
barge hull construction is not robust enough for safe unrestricted
operation on the Great Lakes. The regime was established under an
interim rule in 2002, which prescribed a variety of limiting weather
conditions based on route, wind speed and direction, wave heights, and
ice conditions, among other factors. As we explained in the notice of
delay, we subsequently identified SCA conditions as issued by the
National Weather Service Nearshore Marine Forecasts for Lake Michigan
as being an equivalent basis for weather restrictions. We believed that
the substitution of SCA-based restrictions in the final rule would
offer the benefit of simplifying and clarifying the weather
restrictions without adversely affecting the level of operations or
reducing the level of safety.
    However, several towing vessel operators expressed their concerns
that the SCA conditions were overly restrictive compared to the
original weather restrictions in the interim rule, and would reduce the
number of operational days for moving barges, especially on the Burns
Harbor route. In order to adequately review these concerns, we delayed
the effective date of the SCA weather restrictions for 6 months and
solicited public comments, on the issue of weather restrictions.

V. Discussion of Comments and Changes

A. Discussion of Public Comments

    The notice of delay specifically requested public comment on the
issue of weather restrictions. In response, we received 23 comments.
The commenters included barge or towboat operators and towboat
captains, as well as terminal operators, marine operator associations,
and some local businesses. All of the commenters urged reconsideration
of the SCA limitation and/or restoration of the previous weather
limitations under the interim rule. The comments are categorized and
discussed below.
    Effect on towing operations: Commenters pointed out that the
Nearshore Marine Forecasts conservatively assume that wave conditions
are the same all across the forecast corridor (i.e., from shoreline to
5 miles out). However, the commenters noted that even under nominal SCA
conditions with high winds, if the wind direction is favorable (i.e.,
southerly or south-westerly on the Burns Harbor route), wave conditions
close to shore are still benign even though higher waves develop just a
few miles further offshore. Under such high offshore wind conditions,
the towboat practice is to stay within approximately 1 mile of the
shoreline, a strategy that some of the commenters referred to as
``beachcombing.'' Two commenters specifically cited personal
observations of wave conditions on dates when SCAs had been issued but
nearshore conditions were calm enough for tows to safely transit. Some
commenters pointed out the relatively short 21-mile distance between
Calumet Harbor and Burns Harbor (approximately 3 hours transit) with
two ports of refuge along the way, and noted that movements along that
route can take place under favorable short-term weather conditions. The
commenters stated that ``no sail'' restrictions under SCA conditions
would unnecessarily prevent them from moving barges under safe
conditions. The commenters further stated that sailing decisions are
best made by experienced towboat captains on the water, observing
conditions directly. They supported this position by claiming that
making such decisions using the captain's discretion has been towboat
practice for several decades, and that thousands of barges have been
moved without weather-related casualties.
    The Coast Guard's governing safety issue is to ensure that wave
conditions do not overstress river barge hulls. Small Craft Advisories
are issued taking into consideration various factors expected during
the forecast period, including wave heights. However, we recognize that
wave conditions within the 5-mile-wide nearshore forecast zone can vary
significantly depending on wind direction, and that acceptable wave
conditions can be found closer to shore even when higher waves might be
forecasted. We further recognize the long-term safety record of the
towboat operators under the previous ``fair weather'' restrictions
(that have been in effect under a previous rulemaking since 1985), and
agree that experienced towboat captains can make safe sailing decisions
based on actual weather

conditions for the duration of the voyage. For this reason, we have
amended the weather restrictions in 46 CFR 45.171 (Table 45.171),
45.187, and 45.191.
    Effect on other commercial operations: All commenters discussed the
adverse impact of reduced barge movements on local marine terminals,
warehouses, and other businesses that rely upon cargo delivered by
river barges. The comments variously contended that SCA restrictions
would result in delayed shipments, lost production time, and higher
costs.
    Although the comments did not include specific figures on cost and
production, we recognize that reduced barge movements, especially on
the Burns Harbor route, could have an adverse impact. To the extent
that safety is not compromised, we do not intend to unnecessarily
restrict barge operations on the Lake. For this reason, we have amended
the weather restrictions in 46 CFR 45.171 (Table 45.171), 45.187, and
45.191.
    Other comments: Several comments discussed the potential shift of
cargo movements to alternate transportation modes, such as trucks and
railroads. The comments contended that such a shift would lead to
increased highway traffic and higher transportation costs for shippers
and customers, and that barge transport is environmentally friendly, as
it produces fewer emissions per ton-mile.
    We recognize the economic and environmental efficiency of barge
transportation of the products and materials carried under this special
load line regime and, as stated above, we do not intend to
unnecessarily restrict current barge operations. For this reason, we
have amended the weather restrictions in 46 CFR 45.171 (Table 45.171),
45.187, and 45.191.

B. Discussion of Changes

    After more than 8 years, the level of safety established by the
weather restrictions in the interim rule has proven to be acceptable.
Therefore, upon consideration of this record and the public comments,
we have decided to restore the original weather limits established
under the interim rule. Accordingly, we make the following changes to
the final rule published in the Federal Register (75 FR 70595) on
November 18, 2010:
    Sec.  45.171 Purpose: In paragraph (c), we revise Table 45.171 to
restore the original weather restrictions that appeared in the interim
rule.
    Sec.  45.187 Weather limitations: We remove all references to SCA
conditions. In paragraph (a), we restore the original ``fair weather
conditions'' for the Burns Harbor route. In paragraph (b), we restore
the original reference to Table 45.171 for the Milwaukee, St. Joseph,
and Muskegon routes. We restore paragraph (c) to the original wording
that appeared in the interim rule.
    Sec.  45.191 Pre-departure preparations: In paragraph (a), we
remove a reference to the SCA and restore the original wording that
appeared in the interim rule.

VI. Regulatory Analyses

    We developed this final 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.

A. Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review. This final rule does not require an assessment of
potential costs and benefits under section 6(a)(3) of Executive Order
12866. The Office of Management and Budget has not reviewed it under
these Orders.
    The purpose of this final rule is to avoid unnecessary disruptions
to barge owners and operators by restoring the original weather
restrictions, in 46 CFR 45.171, under which the industry has operated
river barges on the Lake Michigan routes since 2002, as established in
the interim rule (67 FR 19685). Based on public comments, this rule
deletes the SCA weather restrictions in the final rule, published
November 18, 2010. The restoration of the weather restrictions under
the 2002 interim rule will allow owners and operators on Lake Michigan
routes to retain the flexibility to move barges and cargo under the
original weather criteria in Table 45.171. All other provisions of the
published final rule are effective as of December 20, 2010.

B. 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 removal of the SCA weather restrictions will allow small
entities the flexibility to move barges on the affected routes using
the original weather conditions that were established by the interim
rule in 2002. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this final rule will not have a significant economic impact
on a substantial number of small entities.

C. Assistance for Small Entities

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

D. 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). We received no
additional information to alter the existing collection of information.

E. 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. It is well settled that States may
not regulate in categories reserved for regulation by the Coast Guard.
It is also well settled, now, that all of the categories covered in 46
U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration,
repair, maintenance, operation, equipping, personnel qualification, and
manning of vessels), as well as the reporting of casualties and any
other category in which Congress intended the Coast Guard to be the
sole source of a vessel's obligations, are within the field

foreclosed from regulation by the States. (See the decision of the
Supreme Court in the consolidated cases of United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).)
    This final rule concerns load line assignments for vessels under
U.S. jurisdiction. This is a category in which Congress intended the
Coast Guard to be the sole source of a vessel's obligations. Because
the States may not regulate within this category, preemption under
Executive Order 13132 is not an issue.

F. 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 final rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This final 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.

H. Civil Justice Reform

    This final 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.

I. Protection of Children

    We have analyzed this final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This final 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.

J. Indian Tribal Governments

    This final 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.

K. Energy Effects

    We have analyzed this final 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.

L. Technical Standards

    The National Technology Transfer and Advancement Act (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 final rule does not use technical standards. Therefore, we did
not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this final 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 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 final rule is categorically excluded under section
2.B.2, figure 2-1, paragraph (34)(d) of the Instruction and under
section 6(a) of the ``Appendix to National Environmental Policy Act:
Coast Guard Procedures for Categorical Exclusions, Notice of Final
Agency Policy'' (67 FR 48244, July 23, 2002). Exclusion under paragraph
(34)(d) applies because this final rule pertains to regulations
concerning inspection of vessels (i.e., load line requirements).
Exclusion under 6(a) of the Federal Register Notice applies because
this final rule pertains to regulations concerning vessel operation
safety standards. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 46 CFR Part 45

    Great Lakes, Reporting and recordkeeping requirements, Vessels.
    For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 45, as amended in the final rule published in the Federal
Register on November 18, 2010 (75 FR 70595), effective June 15, 2011,
as follows:

PART 45--GREAT LAKES LOAD LINES

0
1. The authority citation for part 45 continues to read as follows:

    Authority: 46 U.S.C. 5104, 5108; Department of Homeland Security
Delegation No. 0170.1.

0
2. In Sec.  45.171, revise Table 45.171 in paragraph (c) to read as
follows:

Sec.  45.171  Purpose.

* * * * *
    (c) * * *

[GRAPHIC] [TIFF OMITTED] TR06JN11.055

0
3. Revise Sec.  45.187 to read as follows:

Sec.  45.187  Weather limitations.

    (a) Tows on the Burns Harbor route must operate during fair weather
conditions only.
    (b) The weather limits (ice conditions, wave height, and sustained
winds) for the Milwaukee, St. Joseph, and Muskegon routes are specified
in Sec.  45.171, Table 45.171.
    (c) If weather conditions are expected to exceed these limits at
any time during the voyage, the tow must not leave harbor or, if
already underway, must proceed to the nearest appropriate harbor of
safe refuge.

0
4. Revise Sec.  45.191(a) to read as follows:

Sec.  45.191  Pre-departure requirements.

* * * * *
    (a) Weather forecast. Determine the marine weather forecast along
the planned route, and contact the dock operator at the destination
port to get an update on local weather conditions.
* * * * *

    Dated: May 26, 2011.
F.J. Sturm,
Acting Director of Commercial Regulations and Standards.
[FR Doc. 2011-13754 Filed 6-3-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Notices]
[Pages 13354-13355]
[FR Doc No: 2022-04988]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on Release of Federally
Obligated Land at the Myrtle Beach International Airport (MYR), Myrtle
Beach, SC

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

ACTION: Notice.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at the Myrtle Beach International Airport (MYR), Myrtle
Beach, South Carolina.

DATES: Comments must be received on or before April 8, 2022.

ADDRESSES: Documents are available for review by prior appointment at
the following location: Atlanta Airports District Office, Attn: Joseph
Robinson, Planner, 1701 Columbia Ave., Suite 220, College Park, Georgia
30337-2747, Telephone:<PHONE_NUMBER>.
    Comments on this notice may be mailed or delivered in triplicate to
the FAA at the following address: Atlanta Airports District Office,
Attn: Joseph Robinson, Planner, 1701 Columbia Ave., Suite 220, College
Park, Georgia 30337-2747.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Breck Dunne, Director of Airport Development,
Myrtle Beach International Airport at the following address: 1100
Jetport Rd., Myrtle Beach, South Carolina 29577.

FOR FURTHER INFORMATION CONTACT: Joseph Robinson, Airport Planner,
Atlanta Airports District Office, 1701 Columbia Ave., Suite 220,
College Park, Georgia 30337-2747,<PHONE_NUMBER>. The application may
be reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release and sell one tract of land consisting of
approximately 21.12 acres of airport property at the Myrtle Beach
International Airport (MYR) under the provisions of 49 U.S.C.
47107(h)(2). On March 2, 2022, the FAA determined the request to
release property at the Myrtle Beack International Airport (MYR)
submitted by the Sponsor meets the procedural requirements of the
Federal Aviation Administration and the release of the property does
not and will not impact future aviation needs at the airport. The FAA
may approve the request, in whole or in part, no sooner than thirty
days after the publication of this notice.
    The following is a brief overview of the request:
    The Myrtle Beach International Airport (MYR) is proposing the
release of airport property containing 20.12 acres, more or less. The
release of land is necessary to comply with Federal Aviation
Administration Grant Assurances that do not allow federally acquired
airport property to be used for non-aviation purposes. The sale of the
subject property will result in the land at the Myrtle Beach
International Airport (MYR) being changed from aeronautical to non-
aeronautical use and release the lands from the

conditions of the Airport Improvement Program Grant Agreement Grant
Assurances in order to dispose of the land. In accordance with 49
U.S.C. 47107(c)(2)(B)(i) and (iii), the airport will receive fair
market value for the property, which will be subsequently reinvested in
another eligible airport improvement project for aviation use.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.

    Issued in Atlanta, Georgia on March 4, 2022.
Joseph Parks Preston,
Assistant Manager, Atlanta Airports District Office, Southern Region.
[FR Doc. 2022-04988 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Notices]
[Page 68580-68581]
[DOCID:fr05de07-46]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0043; FRL-8155-5]

Chlorpyrifos-methyl; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
products containing the pesticide chlorpyrifos-methyl, pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This cancellation order follows the July 7,
2004 Federal Register Notice of Receipt of Requests from the
chlorpyrifos-methyl registrants to voluntarily cancel their Gustafson
Reldan 4E Insecticide and Reldan 4E product registrations. These are
not the last chlorpyrifos-methyl products registered for use in the
United States. In the July 7, 2004 notice, EPA indicated that it would
issue an order implementing the cancellations, unless the Agency
received substantive comments within the 30 day comment period that
would merit its further review of these requests, or unless the
registrants withdrew their requests within this period. The Agency
received comments on the notice that merited its further review of the
requests. The Agency granted an extension of the existing registration
of Gustafson Reldan 4E Insecticide and Reldan 4E until the availability
of an equally effective stored grain product was registered. Storicide
II, for broad-spectrum control of stored grain insects, was
conditionally registered on October 27, 2004. EPA hereby issues in this
notice a cancellation order granting the requested cancellations. Any
distribution, sale, or use of the chlorpyrifos-methyl products subject
to this cancellation order is permitted only in accordance with the
terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective December 5, 2007.

FOR FURTHER INFORMATION CONTACT: Dana L. Friedman, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2004-0043. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S.

Crystal Dr., Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by
registrants, of certain chlorpyrifos-methyl products registered under
section 3 of FIFRA. These registrations are listed in sequence by
registration number in Table 1 of this unit.

           Table 1.--Chlorpyrifos-methyl Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
264-934                                     Gustafson Reldan 4E
                                             Insecticide
------------------------------------------------------------------------
62719-43                                    Reldan 4E
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. Please note, Gustafson Reldan 4E Insecticide (7501-
41) was transferred to Bayer Cropscience LLP (264-934) in May 2005.

  Table 2.--Registrants of Cancelled and/or Amended Chlorpyrifos-methyl
                                Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
264                                         Bayer Cropscience LP
                                            2 T.W. Alexander Drive
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
62719                                       Dow Agrosciences LLC
                                            9330 Zionsville Rd, 308/2E
                                            Indianapolis, Indiana 46268
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    The Agency received comments on the notice that merited its further
review of the requests. The Agency granted an extension of the existing
registration of Gustafson Reldan 4E Insecticide and Reldan 4E until an
equally effective stored grain product was registered. Storicide II,
for broad-spectrum control of stored grain insects, was conditionally
registered on October 27, 2004.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of chlorpyrifos-methyl registrations identified in Table
1 of Unit II. Accordingly, the Agency orders that the chlorpyrifos-
methyl product registrations identified in Table 1 of Unit II. are
hereby canceled. Any distribution, sale, or use of existing stocks of
the products identified in Table 1 of Unit II. in a manner inconsistent
with any of the Provisions for Disposition of Existing Stocks set forth
in Unit VI will be considered a violation of FIFRA.

V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

VI. Provisions for Disposition of Existing Stocks

    For the purposes of this Order, the term ``existing stocks'' is
defined as those stocks of registered pesticide products which are
currently in the United States and which were packaged, labeled, and
released for shipment prior to the effective date of the cancellation
action. The cancellation order issued in this notice includes the
following existing stocks provisions.

A. Distribution or Sale

    The distribution or sale of existing stocks will not be lawful
under FIFRA with the date of this cancellation order except for the
purposes of returns and relabeling, shipping such stocks for export
consistent with the requirements of section 17 of FIFRA, or for proper
disposal.

B. Use of Existing Stocks

    Use of existing stocks will not be lawful after December 7, 2009 in
the Federal Register provided such use is in accordance with the
provisions of the existing labeling of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 20, 2007.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. E7-23300 Filed 12-4-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6702-6703]
[FR Doc No: 2015-02486]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2011-0997; FRL 9922-57-OARM]

Proposed Information Collection Request; Comment Request;
Contractor Cumulative Claim and Reconciliation (Renewal)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Contractor Cumulative
Claim and Reconciliation'' (EPA ICR No. 0246.12, OMB Control No. 2030-
0016) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through May 31, 2015. An Agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it

displays a currently valid OMB control number.

DATES: Comments must be submitted on or before April 7, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2011-0997, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy Training and
Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to: (i) Evaluate whether
the proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: All contractors who have completed an EPA cost
reimbursement type contract will be required to submit EPA Form 1900-
10. EPA Form 1900-10 summarizes all costs incurred in performance of
the contract and sets forth the final indirect rates. This form is
reviewed by the contracting officer to determine the final costs
reimbursable to the contractor. FAR 52.216-7 states that the Government
will pay only the costs determined to be allowable by the contracting
officer in accordance with FAR 31.2. Furthermore, FAR 52.216-7 states
that indirect cost rates shall be established for each fiscal year at
the close of a contractor's fiscal year. EPA Form 1900-10 summarizes
this information for the entire contract period and provides a basis
for cost review by contracting, finance, and audit personnel. As stated
previously, FAR 4.804-5 mandates that the office administering the
contract shall ensure that the costs and indirect cost rates are
settled.
    Form Numbers: EPA Form 1900-10.
    Respondents/affected entities: All contractors who have completed
an EPA cost reimbursement type contract. These contractors represent a
wide range of industries which include, but are not limited to: North
American Industry Classification System (NAICS) code 541511 Custom
Computer Programming, 5416 management and Consulting Services, 6215
medical Laboratories, and 541380 Testing Laboratories.
    Respondent's obligation to respond: Required to complete contract
close out and final payment.
    Estimated number of respondents: 20.
    Frequency of response: Once, at the end of the contract.
    Total estimated burden: 4 hours (per year). Burden is defined at 5
CFR 1320.03(b).
    Total estimated cost: $8,491.00(per year) to all respondents,
includes an estimated burden cost of $412.55/respondent and an
estimated cost of $12.00/respondent for maintenance and operational
costs. Capital investment costs are not necessary for respondents to
provide the requested information.
    Changes in Estimates: EPA estimates that the hourly burden will
remain the same as reported in the previous information collection
because there has been no change in the information being collected and
approximately the same number of contracts remain active.

    Dated: January 28, 2015.
John R. Bashista,
Director, Office of Acquisition Management.
[FR Doc. 2015-02486 Filed 2-5-15; 8:45 am]
BILLING CODE 6560-50-P