[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Proposed Rules]
[Pages 22147-22148]
[FR Doc No: 2015-09049]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0209; FRL-9926-46-Region 4]

Approval and Promulgation of Implementation Plans; North
Carolina; Charlotte; Base Year Emissions Inventory and Emissions
Statement Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan revision submitted by the State of
North Carolina, through North Carolina Department of Environment and
Natural Resources, on July 7, 2014, to address the base year emissions
inventory and emissions statement requirements for the 2008 8-hour
ozone national ambient air quality standards (NAAQS) for the State's
portion of the Charlotte Gastonia-Rock Hill, North Carolina-South
Carolina Area. Annual emissions reporting (i.e., emission statement)
and a base year emissions inventory are required for all ozone
nonattainment areas. The Area is comprised of the entire county of
Mecklenburg and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan
and Union Counties in North Carolina; and a portion of York County in
South Carolina. EPA will consider and take action on the South Carolina
submission for the emissions inventory and emissions statement for its
portion of this Area in a separate action.

DATES: Written comments must be received on or before May 21, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0209 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2015-0209,'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street

SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-
9029. Ms. Spann can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: April 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-09049 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Page 31352]
[FR Doc No: 2011-13457]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1980-DR; Docket ID FEMA-2011-0001]

Missouri; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Missouri (FEMA-1980-DR), dated May 9, 2011, and
related determinations.

DATES: Effective Date: May 20, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Missouri is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 9, 2011.

    Cape Girardeau, Howell, McDonald, Pulaski, Ripley, Scott,
Stoddard, and Stone Counties for Individual Assistance.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-13457 Filed 5-27-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Rules and Regulations]
[Pages 67051-67054]
[FR Doc No: 2011-27769]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1041; Directorate Identifier 2010-SW-109-AD;
Amendment 39-16821; AD 2010-26-52]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron, Inc. Model
204B, 205A, 205A-1, 205B, 210, 212, 412, 412CF, 412EP Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing in the Federal Register an amendment which
was sent previously to all known U.S. owners and operators that
supersedes an existing airworthiness directive (AD) for the specified
Bell Helicopter Textron, Inc. (BHT) Model helicopters with certain tail
rotor blades (blades). The superseded AD requires, before further
flight, replacing certain blades with airworthy blades. This AD retains
the requirements of the superseded AD but adds new blade part numbers
(P/Ns) and serial numbers (S/Ns) to the applicability. This AD was
prompted by another incident in which the blade tip weight separated
from a blade during flight, causing vibration. This incident led to the
determination that additional blades could be affected, and should be
added to the applicability. We are issuing this AD to prevent loss of
the blade tip weight, loss of a blade, and subsequent loss of control
of the helicopter.

DATES: This AD is effective November 15, 2011 to all persons except
those persons to whom it was made immediately effective by Emergency AD
2010-26-52, issued on December 10, 2010, which contained the
requirements of this amendment.
    We must receive comments on this AD by December 30, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone
(817) 280-3391, fax<PHONE_NUMBER>, or at http://www.bellcustomer.com/files/.

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: 1<PHONE_NUMBER>) is in the

ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
    You may review copies of the referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas during normal business hours.

FOR FURTHER INFORMATION CONTACT: Martin R. Crane, Aerospace Engineer,
FAA, Rotorcraft Directorate, Rotorcraft Certification Office, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; fax
(817) 222-5783; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We are publishing in the Federal Register an amendment adopting
Emergency AD 2010-26-52, issued December 10, 2010 (EAD 2010-26-52),
which was sent to all known owners and operators of BHT Model 204B,
205A, 205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopters with
certain blades installed. EAD 2010-26-52 supersedes AD 2007-19-53,
Amendment 39-15265 (72 FR 65224, November 20, 2007) issued October 31,
2007 (AD 2007-19-53). AD 2007-19-53 required, before further flight,
replacing certain blades with airworthy blades. That action was
prompted by three reports of blade tip weights being slung from the
blades during flights, causing significant vibration. We issued AD
2007-19-53 on a limited number of blades to address this unsafe
condition, which could result in the loss of the blade tip weight, loss
of a blade, and subsequent loss of control of the helicopter.

Actions Since AD was Issued

    Since we issued AD 2007-19-53, another incident occurred in which
the blade tip weight separated from a blade during flight, causing
vibration. This incident led to the determination that additional
blades could be affected and these blade numbers should be added to the
applicability section of the AD. We issued superseding EAD 2010-26-52
which retains the same requirements of AD 2007-19-53, but adds new
blade P/Ns and S/Ns to the applicability.

Relevant Service Information

    We have reviewed the following revised BHT Alert Service Bulletins
(ASBs), all dated November 22, 2010 except for ASB No. 204-07-61. Each
ASB contains a Rotor Blades Inc. (RBI) letter that adds blade P/Ns and
S/Ns to the RBI list.
     No. 204-07-61, Revision A, dated September 19, 2007, for
Model 204 helicopters;
     No. 205-07-95, Revision B, for Model 205 helicopters;
     No. 205B-07-46, Revision B, for Model 205B helicopters;
     No. 212-07-125, Revision B, for Model 212 helicopters;
     No. 412CF-07-30, Revision B, for Model 412CF helicopters;
     No. 412-07-123, Revision B, for Model 412 and 412EP
helicopters.

FAA's Determination

    We are issuing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop on other helicopters of the same type
designs. We have also determined that Emergency AD 2010-26-52 contained
an incorrect Alert Service Bulletin (ASB) number for the Model 412CF
helicopters in the preamble discussion. Therefore, we are making a
change to this AD to correct the ASB number. We have also made other
minor editorial changes to this AD, including reorganizing the
Applicability table. We have determined that these changes do not
increase the economic burden on any AD operator nor do they increase
the scope of the AD.

AD Requirements

    This AD requires, before further flight, unless already
accomplished, replacing any affected blade with an airworthy blade. An
airworthy blade is one that has a P/N and S/N not included in the
Applicability section of this AD. Affected blades are those having a P/
N and S/N as follows:

------------------------------------------------------------------------
                 Part No.                            Serial No.
------------------------------------------------------------------------
204-011-702-015...........................  AFS-12703, AFS-12893, AFS-
                                             23525, or AFS-23573.
204-011-702-121...........................  A-22020.
212-010-750-105...........................  *A-11923.
212-010-750-105FM.........................  A-10090, A-10836, *A-10857,
                                             A-11207, A-11332, *A-11617,
                                             *A-11828, *A-12043, or *A-
                                             12091.
212-010-750-113...........................  A-14953, A-15090, or CS-
                                             12702.
212-010-750-113FM.........................  A-12240, *A-12286, A-12296,
                                             *A-12398, A-12640, A-12670,
                                             A-12789, A-13033, *A-13088,
                                             A-13096, *A-13106, A-13134,
                                             A-13199, A-13264, A-13366,
                                             or *A-13539.
212-010-750-133...........................  A-15602.
------------------------------------------------------------------------
The * indicates the newly added serial-numbered blades.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The short compliance time of before further flight justifies
waiving notice and comment prior to adoption of this rule because the
unsafe condition described previously is likely to exist or develop on
other helicopters of the same type designs. Therefore, we find that
notice and opportunity for prior public comment are impracticable and
that 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 was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2011-1041 and
Directorate Identifier 2010-SW-109-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.

Costs of Compliance

    We estimate that this AD affects 265 helicopters of U.S. registry.
We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost      helicopter       operators
----------------------------------------------------------------------------------------------------------------
Inspect for S/N affectivity...........  2.0 hrs x $85 hr = $170.             $ 0            $170         $45,050
Remove and replace blade..............  6.0 hrs x $85 hr = $510.          38,000          38,510       1,347,850
----------------------------------------------------------------------------------------------------------------

    This cost estimate is based on the assumption that all affected
helicopters will be inspected, and 35 helicopters will have a blade
replaced. The manufacturer has indicated that some of the costs
associated with this AD may be covered under a warranty program, but
this AD has not considered this warranty program when calculating total
costs on U.S. operators.

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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-26-52 Bell Helicopter Textron, Inc.: Amendment 39-16821; Docket
No. FAA-2011-1041; Directorate Identifier 2010-SW-109-AD; Supersedes
AD 2007-19-53, Amendment 39-15265, Docket No. FAA-2007-0180,
Directorate Identifier 2007-SW-37-AD.

Effective Date

    (a) This AD is effective November 15, 2011 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2010-26-52, issued on December 10, 2010, which contained the
requirements of this amendment.

Other Affected ADs

    (b) This AD supersedes AD 2007-19-53 (72 FR 65224, November 20,
2007).

Applicability

    (c) Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412CF, and
412EP helicopters, certificated in any category, with a tail rotor
blade (blade) having a part number and serial number, as follows:

------------------------------------------------------------------------
                 Part No.                            Serial No.
------------------------------------------------------------------------
204-011-702-015...........................  AFS-12703, AFS-12893, AFS-
                                             23525, or AFS-23573.
204-011-702-121...........................  A-22020.
212-010-750-105...........................  *A-11923.
212-010-750-105FM.........................  A-10090, A-10836, *A-10857,
                                             A-11207, A-11332, *A-11617,
                                             *A-11828, *A-12043, or *A-
                                             12091.
212-010-750-113...........................  A-14953, A-15090, or CS-
                                             12702.
212-010-750-113FM.........................  A-12240, *A-12286, A-12296,
                                             *A-12398, A-12640, A-12670,
                                             A-12789, A-13033, *A-13088,
                                             A-13096, *A-13106, A-13134,
                                             A-13199, A-13264, A-13366,
                                             or *A-13539.
212-010-750-133...........................  A-15602.
------------------------------------------------------------------------
Note 1: The * indicates the newly added serial-numbered blades.

.Unsafe Condition

    (d) This AD was prompted by another incident in which the blade
tip weight separated from a blade during flight, causing vibration.
This incident led to the determination that additional blades could
be affected and should be added to the applicability. The actions
specified by this AD are intended to prevent loss of the blade tip
weight, loss of a blade, and subsequent loss of control of the
helicopter.

Compliance

    (e) Before further flight, unless accomplished previously.
    (f) Replace any affected blade with an airworthy blade. An
airworthy blade is one that has a part number and a serial number
that is not listed in the Applicability section of this AD.
    Note 2: Bell Helicopter Textron Alert Service Bulletin No. 204-
07-61, Revision A, dated September 19, 2007, contains additional
information about the subject of this AD. Bell Alert Service
Bulletin No. 205-07-95, No. 205B-07-46, No. 212-07-125, No. 412CF-
07-30, and No. 412-07-123, all Revision B and all dated November 22,
2010, also contain additional information about the subject of this
AD. These Alert Service Bulletins are not incorporated by reference.

Special Flight Permit

    (g) Special flight permits will not be issued.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Rotorcraft Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Manager of the Rotorcraft Certification Office, send
it to the attention of the person identified in the Additional
Information section of this AD.
    Note 3: Before using any approved AMOC, we request that you
notify your appropriate principal inspector, or lacking a principal
inspector, your local Flight Standards District Office.

Additional Information

    (i)(1) For more information about this AD, contact: Martin R.
Crane, Aerospace Engineer, Rotorcraft Directorate, Rotorcraft
Certification Office, FAA, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact: Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://www.bellcustomer.com/files/.
    (3) You may review copies of the service information at the FAA,
Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas during normal business hours.

Subject

    (j) The Joint Aircraft System Component Code is: 6410 Tail Rotor
Blade.

    Issued in Fort Worth, Texas, on September 21, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-27769 Filed 10-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Rules and Regulations]
[Page 8471-8473]
[DOCID:fr25fe10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0131; Directorate Identifier 2009-NM-132-AD;
Amendment 39-16216; AD 2010-05-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A340-200 and A340-300
Series 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. 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:

    A review of A340 missions has demonstrated that CFM56-5C forward
engine mount thrust links fitted with oversized bearing[s] will not
reach the updated link fatigue life limit of 15,500 Flight Cycles
(FC) due to an increase in bore diameter.
    * * * The consequent potential failure of the affected thrust
link would reduce the forward engine mounts' structural integrity
and could eventually lead to engine separation, constituting an
unsafe condition.
* * * * *

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

DATES: This AD becomes effective March 12, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 12,
2010.
    We must receive comments on this AD by April 12, 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.

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: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0108, dated May 5, 2009 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    A review of A340 missions has demonstrated that CFM56-5C forward
engine mount thrust links fitted with oversized bearing[s] will not
reach the updated link fatigue life limit of 15,500 Flight Cycles
(FC) due to an increase in bore diameter.
    Oversized bearing repairs have been possible through the
accomplishment of CMM 71-21-12 Repair 1. The consequent potential
failure of the affected thrust link would reduce the forward engine
mounts' structural integrity and could eventually lead to engine
separation, constituting an unsafe condition.
    Consequently, this AD requires:

--The [detailed] inspection of the link assembly to identify a
possible oversized bearing repair and, in case of finding, the
application of the associated corrective actions, or
--The repetitive [detailed] inspection [for cracking, damage (e.g.,
dents), and missing fasteners] of the forward engine mounts until
accomplishment of the inspection of the link assembly for the
identification of a possible oversized bearing repair.

The corrective actions for finding oversized bearings in the forward
engine mount thrust link assembly include contacting Goodrich for
instructions and doing the repair. The corrective actions for finding
cracking, damage (e.g., dents), and missing fasteners in the forward
engine mounts include, depending on the findings, replacing cracked
parts and missing fasteners, and polishing damaged areas. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-71-4007,
including Appendix 1, dated April 1, 2009. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

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.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

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-2010-0131; Directorate
Identifier 2009-NM-132-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 adding the following new AD:

2010-05-07 Airbus: Amendment 39-16216. Docket No. FAA-2010-0131;
Directorate Identifier 2009-NM-132-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A340-211, -212, and -213
airplanes; and Model A340-311, -312, and -313 series airplanes;
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 71:
Powerplant.

Reason

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

    A review of A340 missions has demonstrated that CFM56-5C forward
engine mount thrust links fitted with oversized bearing[s] will not
reach the updated link fatigue life limit of 15500 Flight Cycles
(FC) due to an increase in bore diameter.
    Oversized bearing repairs have been possible through the
accomplishment of CMM 71-21-12 Repair 1. The consequent potential
failure of the affected thrust link would reduce the forward engine
mounts structural integrity and could eventually lead to engine
separation, constituting an unsafe condition.
    Consequently, this AD requires:

--The [detailed] inspection of the link assembly to identify a
possible oversized bearing repair and, in case of finding, the
application of the associated corrective actions, or
--The repetitive [detailed] inspection [for cracking, damage (e.g.,
dents), and missing fasteners] of the forward engine mounts until
accomplishment of the inspection of the link assembly for the
identification of a possible oversized bearing repair.

The corrective actions for finding oversized bearings in the forward
engine mount thrust link assembly include contacting Goodrich for
instructions and doing the repair. The corrective actions for
finding cracking, damage (e.g., dents), and missing fasteners in the
forward engine mounts include, depending on the findings, replacing
cracked parts and missing fasteners, and polishing damaged areas.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,700 flight cycles or 24 months from the effective
date of this AD, whichever occurs first: Do the actions required by
paragraph (f)(1)(i) or (f)(1)(ii) of this AD.
    (i) Perform a detailed inspection for oversized bearing repair
of the forward engine mount thrust link assembly, in accordance with
the Accomplishment Instructions of Airbus Mandatory Service Bulletin
A340-71-4007, dated April 1, 2009. If oversized bearings are found,
before further flight, contact Goodrich for instructions, and do the
repair.
    (ii) Perform a detailed inspection of the forward engine mounts
for cracking, damage (e.g., dents), and missing fasteners, in
accordance with Task 71-21-11-210-801-0 of the Airbus A340 Aircraft
Maintenance Manual, Revision 68, dated October 1, 2009. Do all
applicable corrective actions before further flight in accordance
with Task 71-21-11-210-801-0 of the Airbus A340 Aircraft Maintenance
Manual, Revision 68, dated October 1, 2009. Repeat the inspection
thereafter at intervals not to exceed 1,700 flight cycles or 24
months, whichever occurs

first, until the inspection required by paragraph (f)(2) of this AD
is done.
    (2) For airplanes on which the inspection specified in paragraph
(f)(1)(ii) of this AD is done: Within 4,500 flight cycles from the
effective date of this AD, do the inspection and applicable
corrective actions required by paragraph (f)(1)(i) of this AD. Doing
the inspection and applicable corrective actions required by
paragraph (f)(1)(i) of this AD terminates the repetitive inspections
required by paragraph (f)(1)(ii) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows:
    Airbus Mandatory Service Bulletin A340-71-4007, dated April 1,
2009; does not contain corrective actions if damage is found during
the inspection of the forward engine mounts. The corrective actions
are specified in Task 71-21-11-210-801-0 of the Airbus A340 Aircraft
Maintenance Manual, Revision 68, dated October 1, 2009. Therefore,
this AD refers to Task 71-21-11-210-801-0 of the Airbus A340
Aircraft Maintenance Manual, Revision 68, dated October 1, 2009, for
the inspection and corrective actions.

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, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC 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 assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (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 Airworthiness
Directive 2009-0108, dated May 5, 2009; Airbus Mandatory Service
Bulletin A340-71-4007, dated April 1, 2009; and Task 71-21-11-210-
801-0 of the Airbus A340 Aircraft Maintenance Manual, Revision 68,
dated October 1, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A340-71-4007,
including Appendix 1, dated April 1, 2009; and Task 71-21-11-210-
801-0 of the Airbus A340 Aircraft Maintenance Manual, Revision 68,
dated October 1, 2009; as applicable; to do the actions required by
this AD, unless the AD specifies otherwise. The Airbus aircraft
maintenance manual contains the following effective pages:

                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
     Page title/description              Page Nos.                 Revision No.          Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
AMM Title Page.................  None shown...............  68.......................  October 1, 2009.
AMM Introduction--Description    1-6......................  None shown*..............  None shown.*
 and Operation.
Chapter 71--Table of Contents..  1, 3, 5..................  None shown*..............  January 1, 2009.
Chapter 71--Effective Pages....  2, 4, 6-11...............  None shown*..............  January 1, 2008.
Task 71-21-11-210-801-0........  1-5......................  None shown*..............  None shown.*
----------------------------------------------------------------------------------------------------------------
*The revision level and date is indicated only on the title page of this document.

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.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 February 16, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2010-3472 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Page 352]
[FR Doc No: 2010-33158]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

December 21, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-1631-000.
    Applicants: Energy West Development, Inc.
    Description: Energy West Development, Inc. submits tariff filing
per 154.202: EWD New Baseline Tariff to be effective 12/21/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5107.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1632-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits tariff filing
per 154.204: NJ-NY Hourly Flow Filing to be effective 2/1/2011.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5114.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1633-000.
    Applicants: Energy West Development, Inc.
    Description: Energy West Development, Inc. submits tariff filing
per 154.602: EWD Cancellation of Tariff ID 6 to be effective 12/21/
2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5118.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1634-000.
    Applicants: Kinder Morgan Interstate Gas Trans. LLC.
    Description: Report/Form of Kinder Morgan Interstate Gas
Transmission LLC.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5126.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1635-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company submits its Penalty
Revenue Crediting Report for 2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5127.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1636-000.
    Applicants: Central Kentucky Transmission Company.
    Description: Central Kentucky Transmission Company submits its
Penalty Revenue Crediting Report for 2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5135.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1637-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits tariff
filing per 154.204: Negotiated Rate Amendment Filing to be effective
12/18/2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5155.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Docket Numbers: RP11-1638-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits its Penalty
Revenue Crediting Report for 2010.
    Filed Date: 12/20/2010.
    Accession Number: 20101220-5218.
    Comment Date: 5 p.m. Eastern Time on Monday, January 3, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-33158 Filed 1-3-11; 8:45 am]
BILLING CODE 6717-01-P


From:  Jean-Cyril Walker<EMAIL_ADDRESS> To:  Jodi Howard/RTP/USEPA/US@EPA   Cc:  Richard Krock<EMAIL_ADDRESS>Peter de la Cruz<EMAIL_ADDRESS>"Behr, Douglas"<EMAIL_ADDRESS> Date:  07/28/2009 04:24 PM   Subject:  Vinyl Institute Comments on draft 114 Request

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

Ms. Howard,

On behalf of of our client, the Vinyl Institute, Inc. (“VI”) and its members,  please find enclosed the specific comments and concern you requested on the Agency’s draft letter concerning Requirement to Provide Information According to Title 42 of the United States Code, Chapter 85, Subchapter I, Part A, section 7414 (42 U.S.C §7414) (hereinafter, “draft 114 Request”).  Although the industry appreciates the opportunity to review and comment on the draft 114 Request, complying with the Agency’s proposed information demands as currently configured simply is impossible!

We also object to the amount of time provided for this review, but have nevertheless provided the comments you requested within the specified timeframe.  In our view there is no sound basis for such haste, and the Agency’s actions in imposing this schedule are arbitrary and capricious.  First, there is currently no rulemaking schedule.  There is no court order requiring EPA to act by a certain date nor is there an agreement between the parties on a suitable rulemaking schedule.  In addition, VI was granted leave by the court to intervene in the related litigation specifically because of concerns that EPA would agree to a schedule that disproportionately harmed its members.  As such, VI expects that EPA will not give short shrift to its concerns and objections as the current commenting schedule suggests.

As the enclosed letter indicates, we are requesting that EPA vacate its self-imposed deadline for the issuance of the 114 Request and enter into meaningful negotiations with VI over the proper scope and reach of that request.  Any other action may leave VI and its members with no other choice than to challenge the 114 Request it appears that EPA intends to issue.

Please do not hesitate to contact me if you have any questions or concerns about the enclosed letter or attachments.

Best regards

JC Walker --  Jean-Cyril Walker Partner tel:<PHONE_NUMBER>  |  fax<PHONE_NUMBER>  |<EMAIL_ADDRESS>1001 G Street, N.W., Suite 500 West  |  Washington, D.C. 20001

Keller and Heckman LLP Serving Business through Law and Science®

Washington, D.C.  |   Brussels  |  San Francisco  |  Shanghai

Visit our websites at www.khlaw.com or  www.packaginglaw.com for additional information on Keller and Heckman    ________________________________________________

P Please consider the environment before printing this email.

This message and any attachments may be confidential and/or subject to the attorney/client privilege,   IRS Circular 230 Disclosure or otherwise protected from disclosure.

If you are not a designated addressee (or an authorized agent), you have received this e-mail in error, and any further use by you, including review, dissemination, distribution, copying, or disclosure, is strictly prohibited. If you are not a designated addressee (or an authorized agent), we request that you immediately notify us of this error by reply e-mail and then delete it from your system.


Table 2  Nationwide Industry Burden for Existing Major Sources NESHAP for Ferroalloy Production  Ferromanganese and Silicomanganese Production Facilities Total Labor Total Labor Total Labor Average Annual Total Annual Total Annual Total Annual Average Reporting and Recordkeeping requirements Hours Hours Hours Labor Hours Cost Cost Cost Annual Year 1 Year 2 Year 3 Year 1 Year 2 Year 3 Cost 1. Reporting Requirements a. Read Instructions 8.8 8.8 8.8 8.8 $ 245 $ 245 $ 245 $ 245 b. Gather Existing Information 8.8 8.8 8.8 8.8 $ 245 $ 245 $ 245 $ 245 c. Write Reports i. Performance test notification 2.2 1.1 1.1 1.5 $ 61 $ 31 $ 31 $ 41 ii. Compliance status notification 4.4 2.2 2.2 2.9 $ 122 $ 61 $ 61 $ 82 iii. Performance test reports/ Opacity obs. 11 5.5 5.5 7.3 $ 306 $ 153 $ 153 $ 204 iv. Startup/ shutdown/ malfunction reports 22 22 22 22.0 $ 612 $ 612 $ 612 $ 612 v. Excess Emissions report 17.6 17.6 17.6 17.6 $ 490 $ 490 $ 490 $ 490 vi. Capture hood inspection report 8.8 8.8 8.8 8.8 $ 245 $ 245 $ 245 $ 245 vii. Summary of maintenance records 8.8 8.8 8.8 8.8 $ 245 $ 245 $ 245 $ 245 viii. Fugitive dust operations report 8.8 8.8 8.8 8.8 $ 245 $ 245 $ 245 $ 245 ix. Initial notification 2.2 0.7 $ 61 $ 20 2. Recordkeeping Requirements a. Plan Activities 11 11 11 11.0 $ 306 $ 306 $ 306 $ 306 b. Implement Activities i. Control devices Performance test/ Initial Opacity 220 55 55 110.0 $ 6,124 $ 1,531 $ 1,531 $ 3,062 Monitoring activities fan amperes, damper position ( 1) 115.5 115.5 115.5 115.5 $ 3,215 $ 3,215 $ 3,215 $ 3,215 scrubber pressure drop ( automatic device)

baghouse monitoring daily 192.5 192.5 192.5 192.5 $ 5,359 $ 5,359 $ 5,359 $ 5,359 weekly 5.5 5.5 5.5 5.5 $ 153 $ 153 $ 153 $ 153 monthly 1.32 1.32 1.32 1.3 $ 37 $ 37 $ 37 $ 37 quarterly 0.44 0.44 0.44 0.4 $ 12 $ 12 $ 12 $ 12 semiannually 0.22 0.22 0.22 0.2 $ 6 $ 6 $ 6 $ 6 ii. Capture system inspection 26.4 26.4 26.4 26.4 $ 735 $ 735 $ 735 $ 735 iii. Opacity violation/ scrubber 2.2 2.2 2.2 2.2 $ 61 $ 61 $ 61 $ 61 iv. Opacity violation/ baghouse 44 44 44 44.0 $ 1,225 $ 1,225 $ 1,225 $ 1,225 v. Monitoring violation/ capture system 26.4 26.4 26.4 26.4 $ 735 $ 735 $ 735 $ 735 c. Develop record system i. Develop startup/ shutdown/ malfunction plan 22 2.2 2.2 8.8 $ 612 $ 61 $ 61 $ 245 ii. Develop fugitive dust plan 22 2.2 2.2 8.8 $ 612 $ 61 $ 61 $ 245 iii. Control Equipment/ maintenance plan 22 2.2 2.2 8.8 $ 612 $ 61 $ 61 $ 245 iv. Visible emission observation 11 2.2 2.2 5.0 $ 306 $ 61 $ 61 $ 143 d. Time to enter information i. Control equipment testing 33 33 33 33.0 $ 919 $ 919 $ 919 $ 919 ii. Control equipment inspection 1.32 1.32 1.32 1.3 $ 37 $ 37 $ 37 $ 37 e. Time to train personnel i. Control equipment inspection and monitoring 4.4 4.4 4.4 4.4 $ 122 $ 122 $ 122 $ 122 f. Store, file and maintain records 44 44 44 44.0 $ 1,225 $ 1,225 $ 1,225 $ 1,225 Total 908 664 664 746 $ 25,293 $ 18,495 $ 18,495 $ 20,761


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Rules and Regulations]
[Page 54950-54952]
[DOCID:fr24se08-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0075]
RIN 1625-AA00

Safety Zone: Port of Ponce, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard has established both moving and fixed safety
zones around all vessels carrying Liquefied Natural Gas (LNG) cargo in
the waters of the Caribbean Sea and Bahia de Ponce, Puerto Rico. This
rule is necessary to protect the public by minimizing the chance of
collisions of vessels carrying this inherently dangerous and highly
volatile material. This rule requires vessel traffic to maintain a safe
distance from LNG vessels operating near or moored in Ponce, Puerto
Rico.

DATES: This rule is effective October 24, 2008.

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-2007-0075 and are available online at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: 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 and the Sector San
Juan, Prevention Operations Department, Waterways & Facilities
Division, 5 La Puntilla, San Juan, PR 00901 between 7:30 a.m. and 3
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Ensign Rachael Love of Sector San Juan, Prevention
Operations Department at<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 28, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Port of Ponce, Puerto Rico in the Federal
Register (73 FR 30555). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    This rule is necessary to provide for the safety of life at sea by
excluding vessel traffic from the waters immediately adjacent to LNG
carriers. LNG in any quantity poses a risk of fire or explosion due to
its highly volatile nature. LNG carried by tank ships in bulk
quantities can be hazardous to a port if sufficient precaution is not
taken to reduce this risk. The proposed rule would require vessel
traffic to maintain a 100-yard separation from LNG vessels transiting
the harbor and 150-foot separation from LNG vessels moored pierside.
The purpose of this rule is to minimize the risk of vessel collision or
allision with an LNG carrier, thereby reducing the risk of fire or
explosion.

Discussion of Comments and Changes

    No comments were received as a result of publishing the NPRM;
therefore no changes have been made to the regulatory text.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary due to the
infrequent arrival of LNG carriers and the small amount of commercial
vessel traffic in Bahia de Ponce.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
a portion of Bahia de Ponce when an LNG vessel is transiting the harbor
or moored at the Puerto de Ponce waterfront facility. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons: The Port of Ponce receives
only a few commercial vessel arrivals per week, and recreational
boating traffic can easily transit around the regulated area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 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
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.771 to read as follows:

Sec.  165.771  Safety Zone; Bahia de Ponce, Puerto Rico

    (a) Location. The following area is established as a safety zone
during the specified conditions:
    (1) A 100 yard radius around any vessel carrying Liquefied Natural
Gas (LNG) cargo while transiting north of Latitude 17[deg]54'00'' N in
the waters of the Caribbean Sea and the Bahia de Ponce, on approach to
or departure from the Puerto de Ponce waterfront facility in Bahia de
Ponce.
    (2) The waters within 150 feet of any vessel carrying LNG cargo
while moored at the Puerto de Ponce waterfront facility in Bahia de
Ponce, between berths 4 and 7 at approximate position 17[deg]58'12''N,
066[deg]37'08'' W.
    (b) Definitions. The following definitions apply to this section:
    Designated Representative means Coast Guard Patrol Commander
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels and federal, state, and local officers
designated by or assisting the COTP San Juan in the enforcement of the
safety zone.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, anchoring, mooring or transiting in these
zones is prohibited unless authorized by the Coast Guard Captain of the
Port or a designated representative. Persons and vessels desiring to
transit the Regulated Area may contact the U.S. Coast Guard Captain of
the Port San Juan at telephone number<PHONE_NUMBER> or on VHF channel 16
(156.9 MHz).
    (d) Enforcement periods. The Coast Guard will notify the maritime
community of effective periods via a broadcast notice to mariners on
VHF Marine Band Radio, Channel 22A (156.8 MHz).

    Dated: August 29, 2008.
E. Pino,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E8-22410 Filed 9-23-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53104]
[FR Doc No: 2021-20681]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4506-DR; Docket ID FEMA-2021-0001]

Pennsylvania; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Pennsylvania (FEMA-4506-DR), dated March 30,
2020, and related determinations.

DATES: This amendment was issued August 5, 2021.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated March 30, 2020 for the Commonwealth of Pennsylvania is hereby
amended to include the Hazard Mitigation Grant Program.

    All areas within the Commonwealth of Pennsylvania are eligible
for assistance under the Hazard Mitigation Grant Program.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20681 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65718-65719]
[FR Doc No: 2013-26037]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30765]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

October 25, 2013.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
October, 2013. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/

search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on November 19, 2013, and
should be accompanied by proof of service on the applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Exemptive Applications Office, 100 F
Street NE., Washington, DC 20549-8010.

SEI Alpha Strategy Portfolios, LP [File No. 811-22112]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 30, 2013, applicant made a
liquidating distribution to its shareholder, based on net asset value.
Expenses of approximately $3,500 incurred in connection with the
liquidation were paid by SEI Investments Management Corporation,
applicant's investment adviser.
    Filing Date: The application was filed on September 27, 2013.
    Applicant's Address: One Freedom Valley Dr., Oaks, PA 19456.

John Hancock Series Trust [File No. 811-3392]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 28, 2013, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant paid $9,454 in expenses incurred in connection with the
liquidation. Applicant has retained $20,540 in cash, which is being
held in escrow, for payment of specified unpaid liabilities.
    Filing Date: The application was filed on September 30, 2013.
    Applicant's Address: 601 Congress St., Boston, MA 02210-2805.

Multi-Cap Growth Portfolio [File No. 811-8558]; Focused Growth
Portfolio [File No. 811-10607]; Global Dividend Income Portfolio [File
No. 811-21875]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On July 25, 2012, July 20, 2012, and
August 21, 2012, respectively, applicants made final liquidating
distributions to their shareholders, based on net asset value.
Applicants incurred no expenses in connection with the liquidations.
    Filing Dates: The applications were filed on September 20, 2013,
and amended on October 9, 2013.
    Applicants' Address: Two International Place, Boston, MA 02110.

Arden Macro Fund, L.L.C. [File No. 811-22702]; Arden Macro Master Fund,
L.L.C. [File No. 811-22703]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. Applicants have never made public
offerings of their securities and do not propose to make public
offerings or engage in business of any kind.
    Filing Dates: The applications were filed on August 30, 2013, and
amended on October 7, 2013.
    Applicants' Address: 375 Park Ave., 32nd Floor, New York, NY 10152.

Greater China Growth Portfolio [File No. 811-7264]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 31, 2012, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Dates: The application was filed on September 20, 2013, and
amended on October 9, 2013.
    Applicant's Address: Two International Place, Boston, MA 02110.

Empiric Funds, Inc. [File No. 811-9088]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has transferred its assets to
Mutual Fund Series Trust, and on April 5, 2013, applicant made a final
distribution to its shareholders based on net asset value. Expenses of
$61,000 incurred in connection with the reorganization were paid by the
applicant and Empiric Advisors, Inc., applicant's investment adviser.
    Filing Date: The application was filed on October 3, 2013.
    Applicant's Address: Empiric Advisors, Inc., 500 N Capital of Texas
Hwy., Building 8, Suite 150, Austin, TX 78746.

UBS Juniper Crossover Fund, LLC [File No. 811-10113]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 18,
2013, applicant made a liquidating distribution to its shareholders,
based on net asset value. Expenses of $11,000 incurred in connection
with the liquidation were paid by applicant.
    Filing Date: The application was filed on October 9, 2013.
    Applicant's Address: c/o UBS Alternative and Quantitative
Investment LLC, 677 Washington Blvd., Stamford, CT 06901

Separate Account I of Washington National Insurance Company [File No.
811-3640]

    Summary: Applicant, Separate Account I of Washington National
Insurance Company, a unit investment trust registered under the
Investment Company Act of 1940 (the ``Act''), seeks an order declaring
that it has ceased to be an investment company. Washington National
Insurance Company (``Company''), of which Applicant is a separate
account, terminated the offering of Applicant's variable annuity
contracts (``Contracts'') after 1996. The Applicant no longer accepts
new purchase payments and the Company has not engaged in any
solicitation or marketing activities with respect to the Contracts for
17 years. The Applicant has no securityholders other than the current
95 beneficial owners of the Contracts. Applicant is not making and does
not presently propose to make a public offering of the Contracts. After
the deregistration order requested by the Applicant is issued,
securityholders under the Contracts will be promptly notified that
certain legal protections afforded to securityholders of an investment
company registered under the Act will no longer apply. However, after
issuance of the order, the Company will continue to be responsible for
satisfying all the obligations to securityholders under the Contracts.
    Filing Date: The application was filed on September 3, 2013.
    Applicant's Address: 11815 N. Pennsylvania Street, Carmel IN 46032.

For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26037 Filed 10-31-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39535-39537]
[FR Doc No: 2017-17655]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0699]
RIN 1625-AA00

Safety Zone: PG&E Evolution, King Salmon, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Humboldt Bay in King Salmon, CA in support of the
Pacific Gas and Electric Evolution that will be effective on August 2,
2017 and on August 30, 2017. This safety zone is established to ensure
the safety of workers, mariners, and other vessels transiting the area
from the dangers associated with this evolution. Unauthorized persons
or vessels are prohibited from entering into, transiting through, or
remaining in the safety zone without permission of the Captain of the
Port or their designated representative.

DATES: This rule is effective without actual notice from August 21,
2017 until August 30, 2017. For the purposes of enforcement, actual
notice will be used from August 2, 2017, until August 21, 2017.
    This rule is being enforced from 8 a.m. to 4 p.m. on August 2, 2017
and from 8 a.m. to 4 p.m. on August 30, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2017-0699. To view these documents go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San
Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedures Act
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NAD North American Datum of 1983
NPRM Notice of Proposed Rulemaking
PG&E Pacific Gas & Electric
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Due to the date of the event, notice and comment procedures
would be impracticable in this instance.
    For similar reasons as those stated above, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C.
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones.
    The Pacific Gas and Electric Company will sponsor the Pacific Gas
and Electric Evolution on August 2, 2017 and on August 30, 2017, in the
navigable waters of Humboldt Bay in King Salmon, CA. The evolution is
necessary to complete an inspection and for re-licensing purposes. The
evolution is scheduled to take place on August 2, 2017 and on

August 30, 2017. The Coast Guard believes that a safety zone is
necessary to provide for the safety of workers, mariners, and other
vessels transiting the area due to the danger posed by the inspection
of the dynamic fuel storage installation. This restricted area will
apply to all vessels transiting the specified area.

IV. Discussion of the Rule

    For the reasons stated above, the Coast Guard is establishing a
safety zone for the duration of the event. Upon commencement of the
evolution, the safety zone will encompass the navigable waters of
Humboldt Bay within a 300 meter radius of position: 40[deg]44'31'' N.,
124[deg]12'39'' W. (NAD83). The safety zone is issued to establish a
temporary restricted area on the waters surrounding the evolution. The
Coast Guard or a designated representative will enforce a safety zone
in navigable waters of Humboldt Bay within a 300 meter radius of
position: 40[deg]44'31'' N., 124[deg]12'39'' W. (NAD83) during the
evolution. The evolution is necessary to complete an inspection and for
re-licensing purposes is scheduled to take place on August 2, 2017 and
on August 30, 2017. At the conclusion of the evolution the safety zone
shall terminate.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the evolution. Except for persons or
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the restricted area. These regulations
are needed to keep mariners and vessels away from the immediate
vicinity of the evolution to ensure the safety of workers, mariners,
and other vessels transiting the area.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because it
is outside of the Fields Landing Channel and the public will be
notified via a Broadcast Notice to Mariners to ensure the safety zone
will result in minimum impact. The entities most likely to be affected
are waterfront facilities, commercial vessels, and pleasure craft
engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, (ii) vessel traffic can transit safely around the safety zone,
and (iii) the maritime public will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

we do discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration is available in the docket for this
rulemaking. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T11-867 to read as follows:

Sec.  165.T11-867   Safety Zone; PG&E Evolution, King Salmon, CA.

    (a) Location. This temporary safety zone is established for the
navigable waters of Humboldt Bay in King Salmon, California as depicted
in National Oceanic and Atmospheric Administration (NOAA) Chart 18622.
The safety zone will encompass the navigable waters of Humboldt Bay
within a 300 meter radius of position: 40[deg]44'31'' N.,
124[deg]12'39'' W. (NAD83).
    (b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 8 a.m. until 4 p.m. on August 2, 2017 and
from 8 a.m. until 4 p.m. on August 30, 2017. The Captain of the Port
San Francisco (COTP) will notify the maritime community of periods
during which this zone will be enforced via Broadcast Notice to
Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone through the 24-hour
Command Center at telephone<PHONE_NUMBER> or on VHF channel 16.

    Dated: August 1, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-17655 Filed 8-18-17; 8:45 am]
 BILLING CODE 9110-04-P