[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Notices]
[Page 13274-13276]
[DOCID:fr21mr07-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0861; FRL-8115-1]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Compliance Requirement for Child-Resistant Packaging;
EPA ICR No. 0616.09, OMB Control No. 2070-0052

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Compliance Requirement for Child-Resistant Packaging'' and
identified by EPA ICR No. 0616.09 and OMB Control No. 2070-0052, is
scheduled to expire on August 31, 2007. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection.

DATES: Comments must be received on or before May 21, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0861, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0861. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available

in regulations.gov. To access the electronic docket, go to http://www.regulations.gov
, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Joseph Hogue, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this action are
registrants of pesticide products under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). The North American Industrial
Classification System (NAICS) code for respondents under this ICR is
325320 (pesticides and other agricultural chemical manufacturing).
    Title: Compliance Requirement for Child-Resistant Packaging.
    ICR numbers: EPA ICR No. 0616.09, OMB Control No. 2070-0052.
    ICR status: This ICR is currently scheduled to expire on August 31,
2007. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection program is designed to
provide EPA with assurances that the packaging of pesticide products
sold and distributed to the general public in the United States meets
standards set forth by the Agency pursuant to FIFRA, and is thereby
protective of children. Registrants must certify to the Agency that the
packaging or device meets these standards. There are no forms
associated with this information collection activity.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 4.9
hours per response. EPA estimates that 703 responses will be received
per year for a total annual burden of 3,473 hours, at a cost of
$193,567. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal Agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 703 per year.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
One.
    Estimated total annual burden hours: 3,473 hours.
    Estimated total annual costs: $193,567. This cost is entirely from
the burden hours. No costs are expected for capital investment or
maintenance and operational costs.

IV. Are There Changes in the Estimates from the Last Approval?

    There is no change in the number of respondents (703 per year)
projected to participate in the program over the next three years.
However, the total burden hours per respondent for compliance with the
child-resistant packaging (CRP) requirements increased from 3 hours to
4.9 hours at a total cost of about $275 per response. The estimated
annual

burden under the last ICR approval was 2,109 hours. Under this ICR
renewal, the annual burden is estimated to be 3,473 hours. The
increased burden of 1,364 hours represents an adjustment to the burden
estimate.

V. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: March 12, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

[FR Doc. E7-4925 Filed 3-20-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5812-5813]
[FR Doc No: 2019-03080]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2019-0028]

Notice of Request for Clearance of a Revision a Currently
Approved Information Collection: National Census of Ferry Operators

AGENCY: Bureau of Transportation Statistics (BTS) Office of the
Assistant Secretary for Research and Technology (OST-R), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, this notice announces the
intention of the BTS to request the Office of Management and Budget's
(OMB's) approval for new iterations of an on-going biennial information
collection related to the nation's ferry operations. The information
collected from each Census will be used to produce a descriptive
database of existing ferry operations. A summary report of survey
findings will also be published by BTS on the BTS web page:
www.bts.gov/ncfo.

DATES: Comments must be submitted on or before April 23, 2019.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2019-0028 to the U.S. Department of Transportation (DOT),
Dockets Management System (DMS). You may submit your comments by mail
or in person to the Docket Clerk, Docket No., U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Room W12-140,
Washington, DC 20590. Comments should identify the docket number as
indicated above. Paper comments should be submitted in duplicate. The
DMS is open for examination and copying, at the above address, from 9
a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you
wish to receive confirmation of receipt of your written comments,
please include a self-addressed, stamped postcard with the following
statement: ``Comments on Docket DOT-OST-2019-0028.'' The Docket Clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail. Please note that due to delays in the delivery of U.S. mail to
Federal offices in Washington, DC, we recommend that persons consider
an alternative method

(the internet, fax, or professional delivery service) to submit
comments to the docket and ensure their timely receipt at U.S. DOT. You
may fax your comments to the DMS at<PHONE_NUMBER>. Comments can also
be viewed and/or submitted via the Federal Rulemaking Portal: http://www.regulations.gov.
    Please note that anyone is able to electronically search all
comments received into our docket management system by the name of the
individual submitting the comment (or signing the comment if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70; pages 19475-19570)
or you may review the Privacy Act Statement at http://www.gpoaccess.gov/fr/.

FOR FURTHER INFORMATION CONTACT: Janine L. McFadden,<PHONE_NUMBER>,
NCFO Project Manager, BTS, OST-R, Department of Transportation, 1200
New Jersey Ave. SE, Room E32-316, Washington, DC 20590. Office hours
are from 8:00 a.m. to 5:30 p.m., E.T., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: National Census of Ferry Operators (NCFO)
    Background: The Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178), section 1207(c), directed the Secretary of
Transportation to conduct a study of ferry transportation in the United
States and its possessions. In 2000, the Federal Highway Administration
(FHWA) Office of Intermodal and Statewide Planning conducted a survey
of approximately 250 ferry operators to identify: (1) Existing ferry
operations including the location and routes served; (2) source and
amount, if any, of funds derived from Federal, State, or local
governments supporting ferry construction or operations; (3) potential
domestic ferry routes in the United States and its possessions and to
develop information on those routes; and (4) potential for use of high
speed ferry services and alternative-fueled ferry services. The Safe,
Accountable, Flexible Efficient Transportation Equity Act--A Legacy for
Users (SAFETEA-LU) Pub. L. 109-59, Section 1801(e)) required that the
Secretary, acting through the BTS, shall establish and maintain a
national ferry database containing current information regarding
routes, vessels, passengers and vehicles carried, funding sources and
such other information as the Secretary considers useful. MAP-21
legislation [Moving Ahead for Progress in the 21st Century Act (Pub. L.
112-141),] continued the BTS mandate to conduct the NCFO and also
required that the Federal Highway Administration (FHWA) use the NCFO
data to set the specific formula for allocating federal ferry funds.
The funding allocations were based on a percentage of the number of
passenger boardings, vehicle boardings, and route miles served.
    BTS conducted the first Census of Ferry Operators in 2006, and
again in 2008, 2010, 2014, 2016 and 2018, and plans are underway for
the conduct of the next NCFO in the Spring of 2020. These information
collections were originally approved by OMB under Control Number 2139-
0009.
    The recently enacted FAST Act legislation [Fixing America's Surface
Transportation Act (Pub. L. 114-94, sec. 1112)] continues the BTS
mandate to conduct the NCFO on a biennial basis, and extended the
requirement that the Federal Highway Administration (FHWA) use the NCFO
data to set the specific formula for allocating federal ferry funds
based on a percentage of the number of passenger boardings, vehicle
boardings, and route miles served. The overall length of the revised
questionnaire for the 2020 NCFO will remain consistent with that of
previous years.
    The survey will be administered to the entire population of ferry
operators (estimate of 250 or less). The survey will request the
respondents to provide information such as: the points served; the type
of ownership; the number of passengers and vehicles carried in the past
12 months; vessel descriptions (including type of fuel), federal, state
and local funding sources, and intermodal connectivity. All data
collected in 2020 will be added to the existing NCFO database.
    Respondents: The target population for the survey will be all of
the approximately 250 ferry operators existing in the United States.
    Estimated Average Burden per Response: The burden per respondent is
estimated to be an average of 30 minutes. This average is based on an
estimate of 20 minutes to answer new questions and an additional 10
minutes to review (and revise as needed) previously submitted data that
will be pre-populated for each ferry operation.
    Estimated Total Annual Burden: The total annual burden (in the year
that the survey is conducted) is estimated to be just under 125 hours
(that is 30 minutes per respondent for 250 respondents equals 7,500
minutes).
    Frequency: This survey will be updated every other year.
    Public Comments Invited: Interested parties are invited to send
comments regarding any aspect of this information collection,
including, but not limited to: (1) The necessity and utility of the
information collection for the proper performance of the functions of
the DOT; (2) the accuracy of the estimated burden; (3) ways to enhance
the quality, utility, clarity and content of the collected information;
and (4) ways to minimize the collection burden without reducing the
quality of the collected information. Comments submitted in response to
this notice will be summarized and/or included in the request for OMB's
clearance of this information collection.

    Authority: The Transportation Equity Act for the 21st Century,
P.L. 105-178, section 1207(c), The Safe, Accountable, Flexible
Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-
LU), P.L. 109-59, Moving Ahead for Progress in the 21st Century Act
(MAP-21), P.L. 112-141, 49 CFR 1.46, and Fixing America's Surface
Transportation Act (FAST Act), P.L. 114-94, sec. 1112.

    Issued in Washington, DC on the 14th of February 2019.
Patricia Hu,
Director, Bureau of Transportation Statistics, Office of the Assistant
Secretary for Research and Technology.
[FR Doc. 2019-03080 Filed 2-21-19; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48013-48018]
[FR Doc No: 2015-19316]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0487; Directorate Identifier 2014-NM-026-AD;
Amendment 39-18226; AD 2015-16-01]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2012-19-11 for
certain The Boeing Company Model 737 airplanes. AD 2012-19-11 required
incorporating design changes to improve the reliability of the cabin
altitude warning system by installing a redundant cabin altitude
pressure switch, replacing the aural warning module (AWM) with a new or
reworked AWM, and changing certain wire bundles or connecting certain
previously capped and stowed wires as necessary. For certain airplanes,
AD 2012-19-11 also required prior or concurrent incorporation of
related design changes by modifying the instrument panels, installing
light assemblies, modifying the wire bundles, and installing a new
circuit breaker, as necessary. This AD was prompted by the report of a
flightcrew not receiving an aural warning during a lack-of-cabin
pressurization event. We are issuing this AD to prevent the loss of
cabin altitude warning, which could delay flightcrew recognition of a
lack of cabin pressurization, and could result in incapacitation of the
flightcrew due to hypoxia (a lack of oxygen in the body), and
consequent loss of control of the airplane.

DATES: This AD is effective September 15, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 15,
2015.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
November 7, 2012 (77 FR 60296, October 3, 2012).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0487; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Francis Smith, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-19-11, Amendment 39-17206 (77 FR 60296,
October 3, 2012). AD 2012-19-11

applied to certain The Boeing Company Model 737 airplanes. The NPRM
published in the Federal Register on July 29, 2014 (79 FR 43983).
    The NPRM was prompted by the report of a flightcrew not receiving
an aural warning during a lack of cabin pressurization event. The NPRM
proposed to continue to require incorporating design changes to improve
the reliability of the cabin altitude warning system by installing a
redundant cabin altitude pressure switch, replacing the AWM with a new
or reworked AWM, and changing certain wire bundles or connecting
certain previously capped and stowed wires as necessary.
    For certain airplanes, the NPRM proposed to continue to require
prior or concurrent incorporation of related design changes by
modifying the instrument panels, installing light assemblies, modifying
the wire bundles, and installing a new circuit breaker, as necessary.
The NPRM also proposed to require, for certain airplanes, incorporating
related design changes. The NPRM also proposed, for certain airplanes,
to no longer give credit for the prior accomplishment of certain
actions. We are issuing this AD to prevent the loss of cabin altitude
warning, which could delay flightcrew recognition of a lack of cabin
pressurization, and could result in incapacitation of the flightcrew
due to hypoxia (a lack of oxygen in the body), and consequent loss of
control of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 43983, July 29, 2014) and the FAA's response to each comment.

Request To Use the Latest Service Information

    Boeing requested that the proposed rule (79 FR 43983, July 29,
2014) incorporate Boeing Special Attention Service Bulletin 737-21-
1165, Revision 3, dated July 16, 2014, and Boeing Alert Service
Bulletin 737-31A1325, Revision 2, dated June 5, 2014. Boeing stated
that it has released new service information and the service
information should be reflected in the proposed rule.
    We agree with the commenter's request to reference the latest
service information. We have revised this final rule accordingly.
    Boeing Alert Service Bulletin 737-31A1325, Revision 2, dated June
5, 2014, updates reference document names, corrects typographical
errors, and includes airplanes that were removed in error in an earlier
revision of the service information. The procedures remain unchanged.
In addition, we have added paragraph (j)(2) of this AD, to give credit
for previous actions, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 737-
31A1325, dated January 11, 2010, and Boeing Alert Service Bulletin 737-
31A1325, Revision 1, dated July 5, 2012.
    Boeing Special Attention Service Bulletin 737-21-1165, Revision 3,
dated July 16, 2014, includes configuration differences found by
operators during incorporation of earlier revisions of the service
information. The procedures otherwise remain unchanged.

Request To Add an Exception to the Proposed Rule (79 FR 43983, July 29,
2014)

    An anonymous commenter requested to add an exception to the
proposed rule (79 FR 43983, July 29, 2014). The commenter stated that
paragraphs (j)(2) and (j)(3) of the proposed AD should include the same
exceptions for group 24 through 25 airplanes, and group 27 through 33
airplanes, as identified in Boeing Alert Service Bulletin 737-31A1332,
Revision 4, dated October 31, 2013.
    The commenter also stated that paragraphs (i)(2) and (i)(3) of AD
2012-19-11, Amendment 39-17206 (77 FR 60296, October 3, 2012), did not
give credit for previous actions for group 24 through 25 airplanes, and
group 27 through 33 airplanes, as identified in Boeing Alert Service
Bulletin 737-31A1332, Revision 3, dated March 28, 2012. The commenter
stated that this is because paragraph 1.C. of Boeing Alert Service
Bulletin 737-31A1332, Revision 3, dated March 28, 2012, explicitly
states that changes given in figures 48 through 50 affect wiring
changes previously accomplished in Boeing Service Bulletin 737-24A1141;
also figures 15 through 17, and airplane line numbers 1 through 740,
are moved to a new group 24 through 25 airplanes, and group 27 through
33 airplanes.
    The commenter stated that if an airplane is identified in groups 24
through 25 airplanes, and group 27 through 33 airplanes, of Boeing
Alert Service Bulletin 737-31A1332, Revision 4, dated October 31, 2013,
the operator can take credit for previous actions accomplished using
Boeing Alert Service Bulletin 737-31A1332, Revision 2, dated August 18,
2011, and Boeing Alert Service Bulletin 737-31A1332, Revision 1, dated
June 24, 2010. Therefore, the commenter stated that the operator must,
per the exceptions of paragraphs (i)(2) or (i)(3) of AD 2012-19-11,
Amendment 39-17206 (77 FR 60296, October 3, 2012), re-comply with the
proposed AD once the additional actions are taken.
    We disagree with the commenter's request. This AD corrects an error
in paragraph (i) of AD 2012-19-11, Amendment 39-17206 (77 FR 60296,
October 3, 2012). In AD 2012-19-11, airplanes were identified
incorrectly as having wiring instructions that may conflict with the
corrective actions of AD 2009-16-07, Amendment 39-15990 (74 FR 41607,
August 18, 2009). Further, this AD supersedes (i.e., ``replaces'') AD
2012-19-11, and therefore compliance is required with this new AD only.
In addition, there are still exclusions in this AD, but they are now
identified by line numbers--not by groups--as shown in paragraphs
(j)(1)(ii) and (j)(1)(iii) of this AD. We have not changed this AD in
this regard.

Request To Extend the Compliance Time

    United Airlines (UAL) requested that the compliance time for the
proposed rule (79 FR 43983, July 29, 2014) be extended a minimum of 1
year for all airplanes. UAL stated that this is due to the increased
scope of required testing not documented in Boeing Special Attention
Service Bulletin 737-21-1165, Revision 1, dated July 16, 2010, as
revised by Boeing Special Attention Service Bulletin 737-21-1165,
Revision 2, dated April 30, 2012. UAL commented that Boeing Special
Attention Service Bulletin 737-21-1165, Revision 2, dated April 30,
2012, is for the removal of the junction box 46, and additional
administrative time is required during the accomplishment of each
airplane for obtaining an alternate method of compliance (AMOC).
    UAL commented that due to the removal of junction box 46, 43
additional operational checks must be accomplished and are estimated to
take an additional 30 hours of elapsed time for each airplane. UAL
stated that the estimated costs of the proposed rule (79 FR 43983, July
29, 2014) should be revised to include an additional 30 hours for
testing.
    UAL also stated that multiple AMOCs have been required for the
concurrent requirements and for airplanes affected by AD 2013-02-05,
Amendment 39-17326 (78 FR 6202, January 30, 2013) due to errors in the
Boeing data. UAL stated that the time necessary to seek approved AMOCs
extends the completion time of each airplane beyond the time allotted
in the estimated costs and can result in the airplanes being out of
service.

    We disagree with the commenter's request. Boeing has provided its
work estimates based on average times for accomplishing its service
information specifically to correct the unsafe condition. The time
spent to perform additional functional checks and testing to systems
incidentally associated with the unsafe condition in this AD and any
associated administrative actions in carrying out all work (related to
this AD) will vary among operators. Additionally, we do not consider
the time spent processing AMOCs when we determine estimated costs of an
AD because of the variable occurrences, scope of technical deviations,
and elective nature of many AMOC requests.
    The estimate of labor hours provides only a guideline for
operators, and operators are encouraged to review all relevant work
steps to create time and cost estimates specific to their schedules and
work processes. Operators that request AMOCs while their airplane is in
maintenance do not have to wait for the Seattle Aircraft Certification
Office (ACO) approval before they can return the airplane to service,
provided the 72-month compliance time has not passed, and operators do
not claim compliance credit in their maintenance records until the AMOC
is received. As long as the 72-month compliance time has not been
exceeded, an AMOC is not needed; therefore, requests for compliance
time extensions and Seattle ACO responses to early AMOC requests have
no effect on returning an airplane to service from an operator's
maintenance cycle.
    We base AD compliance times primarily on our assessment of safety
risk. We consider the overall risk to the fleet, including the severity
of the failure and the likelihood of the failure's occurrence in
development of the compliance time for the ADs. We work with the
respective manufacturers to ensure that all appropriate instructions
and parts are available at the appropriate time to meet our collective
safety goals, and that those goals are based on safety of the fleet. We
have not changed this AD in this regard.

Effect of Winglets on AD

    Aviation Partners Boeing stated that the installation of winglets
per STC ST01219SE or ST00830SE does not affect the accomplishment of
the manufacturer's service instructions.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 43983, July 29, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 43983, July 29, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Boeing Alert Service Bulletin 737-31A1325, Revision 2,
dated June 5, 2014.
     Boeing Alert Service Bulletin 737-31A1332, Revision 4,
dated October 31, 2013.
     Boeing Special Attention Service Bulletin 737-21-1164,
Revision 2, dated August 23, 2013.
     Boeing Special Attention Service Bulletin 737-21-1165,
Revision 3, dated July 16, 2014.
    The service information describe procedures for incorporating
design changes to improve the reliability of the cabin altitude warning
system by installing a redundant cabin altitude pressure switch,
replacing the AWM with a new or reworked AWM, and changing certain wire
bundles or connecting certain previously capped and stowed wires as
necessary. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
AD.

Costs of Compliance

    We estimate that this AD affects 1,618 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Install a redundant cabin          Up to 62                    $33,576  Up to $38,846......  Up to $62,852,828
 altitude pressure switch,          work[dash]hours x
 replace the AWM with a new or      $85 per hour = up
 reworked AWM, change certain       to $5,270.
 wire bundles or connect certain
 capped and stowed wires
 [retained actions from AD 2012-
 19-11, Amendment 39-17206 (77 FR
 60296, October 3, 2012), for
 1,618 airplanes].
Modify the instrument panels,      Up to 92                      5,292  Up to $13,112......  Up to $20,926,752
 install light assemblies, modify   work[dash]hours x
 the wire bundles, and install a    $85 per hour = up
 new circuit breaker (concurrent    to $7,820.
 requirements) [retained actions
 from AD 2012-19-11, Amendment 39-
 17206 (77 FR 60296, October 3,
 2012), for 1,596 airplanes].
Modify the instrument panels,      Up to 92                      5,292  Up to $13,112......  Up to $288,464
 install light assemblies, modify   work[dash]hours x
 the wire bundles, and install a    $85 per hour = up
 new circuit breaker (concurrent    to $7,820.
 requirements) [new actions for
 22 airplanes].
----------------------------------------------------------------------------------------------------------------

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 have 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 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, 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 removing Airworthiness Directive (AD)
2012-19-11, Amendment 39-17206 (77 FR 60296, October 3, 2012), and
adding the following new AD:

2015-16-01 The Boeing Company: Amendment 39-18226; Docket No. FAA-
2014-0487; Directorate Identifier 2014-NM-026-AD.

(a) Effective Date

    This AD is effective September 15, 2015.

(b) Affected ADs

    This AD replaces AD 2012-19-11, Amendment 39-17206 (77 FR 60296,
October 3, 2012).

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) and (c)(2) of this
AD.
    (1) Model 737-100, -200, -200C, -300,--400, and -500 series
airplanes, as identified in Boeing Special Attention Service
Bulletin 737-21-1164, Revision 2, dated August 23, 2013.
    (2) Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes, as identified in Boeing Special Attention Service
Bulletin 737-21-1165, Revision 3, dated July 16, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air
Conditioning.

(e) Unsafe Condition

    This AD was prompted by the report of a flightcrew not receiving
an aural warning during a lack of cabin pressurization event. We are
issuing this AD to prevent the loss of cabin altitude warning, which
could delay flightcrew recognition of a lack of cabin
pressurization, and could result in incapacitation of the flightcrew
due to hypoxia (a lack of oxygen in the body), and consequent loss
of control of the airplane.

(f) Compliance

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

(g) Retained Installation

    This paragraph restates the actions required by paragraph (g) of
AD 2012-19-11, Amendment 39-17206 (77 FR 60296, October 3, 2012),
with revised service information. Within 72 months after November 7,
2012 (the effective date of AD 2012-19-11), install a redundant
cabin altitude pressure switch, replace the aural warning module
(AWM) with a new or reworked AWM, and change certain wire bundles or
connect certain capped and stowed wires, as applicable, in
accordance with the Accomplishment Instructions of the applicable
service information in paragraphs (g)(1) and (g)(2) of this AD;
except as provided by paragraph (k)(1) of this AD.
    (1) Boeing Special Attention Service Bulletin 737-21-1164,
Revision 1, dated May 17, 2012; or Boeing Special Attention Service
Bulletin 737-21-1164, Revision 2, dated August 23, 2013 (for Model
737-100, -200, -200C, -300, -400, and -500 series airplanes). As of
the effective date of this AD, use Boeing Special Attention Service
Bulletin 737-21-1164, Revision 2, dated August 23, 2013, for the
actions specified in paragraph (g) of this AD.
    (2) Boeing Special Attention Service Bulletin 737-21-1165,
Revision 1, dated July 16, 2010, as revised by Boeing Special
Attention Service Bulletin 737-21-1165, Revision 2, dated April 30,
2012; or Boeing Special Attention Service Bulletin 737-21-1165,
Revision 3, dated July 16, 2014 (for Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes). As of the effective date of
this AD use Boeing Special Attention Service Bulletin 737-21-1165,
Revision 3, dated July 16, 2014.

(h) Retained Concurrent Actions

    This paragraph restates the concurrent actions required by
paragraph (h) of AD 2012-19-11, Amendment 39-17206 (77 FR 60296,
October 3, 2012), with revised service information. For airplanes
identified in Boeing Alert Service Bulletin 737-31A1325, dated
January 11, 2010 (for Model 737-100, -200, -200C, -300, -400, and -
500 series airplanes); and Boeing Alert Service Bulletin 737-
31A1332, Revision 3, dated March 28, 2012 (for Model 737-600, -700,
-700C, -800, -900, and -900ER series airplanes); except as provided
by paragraph (i) of this AD: Before or concurrently with
accomplishment of the actions specified in paragraph (g) of this AD,
as applicable, modify the instrument panels, install light
assemblies, modify the wire bundles, and install a new circuit
breaker, in accordance with the Accomplishment Instructions of the
applicable service information in paragraphs (h)(1) and (h)(2) of
this AD; except as provided by paragraph (k)(2) of this AD.
    (1) The service information for Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes as identified in paragraphs
(h)(1)(i), (h)(1)(ii), and (h)(1)(iii), of this AD. As of the
effective date of this AD, use Boeing Alert Service Bulletin 737-
31A1325, Revision 2, dated June 5, 2014 (for Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes), for the actions
specified in paragraph (h) of this AD.
    (i) Boeing Alert Service Bulletin 737-31A1325, dated January 11,
2010.
    (ii) Boeing Alert Service Bulletin 737-31A1325, Revision 1,
dated July 5, 2012.
    (iii) Boeing Alert Service Bulletin 737-31A1325, Revision 2,
dated June 5, 2014.
    (2) Boeing Alert Service Bulletin 737-31A1332, Revision 3, dated
March 28, 2012; or Boeing Alert Service Bulletin 737-31A1332,
Revision 4, dated October 31, 2013 (for Model 737-600, -700, -700C,
-800, -900, and -900ER series airplanes). As of the effective date
of this AD, use Boeing Alert Service Bulletin 737-31A1332, Revision
4, dated October 31, 2013 (for Model 737-600, -700, -700C, -800, -
900, and -900ER series airplanes), for the actions specified in
paragraph (h) of this AD.

(i) New Concurrent Requirement

    For airplanes having variable numbers YA001 through YA008
inclusive, YA251, YA501 through YA508 inclusive, and YC321 through
YC325 inclusive: Before or concurrently with accomplishment of the
actions specified in paragraph (g) of this AD, or within 18 months
after the effective date of this AD, whichever occurs later, modify
the instrument panels, install light assemblies, modify the wire
bundles, and install a new circuit breaker, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
31A1332, Revision 4, dated October 31, 2013.

(j) Credit for Previous Actions

    (1) This paragraph restates the credit for previous actions
stated in paragraph (i) of AD 2012-19-11, Amendment 39-17206 (77 FR
60296, October 3, 2012), with correct paragraph reference and
revised exempted airplanes.
    (i) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before
November 7, 2012 (the effective date of AD 2012-19-11, Amendment 39-
17206 (77 FR 60296, October 3, 2012)), using Boeing Special
Attention Service Bulletin 737-21-1165, Revision 1, dated July 16,
2010, which was incorporated by reference in AD 2012-19-11.
    (ii) For airplanes identified in Boeing Alert Service Bulletin
737-31A1332, Revision 1, dated June 24, 2010; except airplanes
having variable numbers YA001 through YA019 inclusive, YA201 through
YA203 inclusive, YA231 through YA242 inclusive, YA251, YA252, YA271,
YA272, YA301, YA302, YA311, YA312, YA501 through YA508 inclusive,
YA541, YA701, YA702, YC001 through YC007 inclusive, YC051, YC052,
YC101, YC102, YC111, YC121, YC301, YC302, YC321 through YC330
inclusive, YC381, YC401 through YC403 inclusive, YC501, YC502, and
YE001 through YE003 inclusive: This paragraph provides credit for
the actions required by paragraph (h) of this AD, if those actions
were performed before the effective date of this AD using Boeing
Alert Service Bulletin 737-31A1332, Revision 1, dated June 24, 2010,
which was incorporated by reference in AD 2012-19-11, Amendment 39-
17206 (77 FR 60296, October 3, 2012).
    (iii) For airplanes identified in Boeing Alert Service Bulletin
737-31A1332, Revision 2, dated August 18, 2011; except airplanes
identified in paragraph (j)(4) of this AD and airplanes having
variable numbers YA001 through YA019 inclusive, YA201 through YA203
inclusive, YA231 through YA242 inclusive, YA251, YA252, YA271,
YA272, YA301, YA302, YA311, YA312, YA501 through YA508 inclusive,
YA541, YA701, YA702, YC001 through YC007 inclusive, YC051, YC052,
YC101, YC102, YC111, YC121, YC301, YC302, YC321 through YC330
inclusive, YC381, YC401 through YC403 inclusive, YC501, YC502, and
YE001 through YE003 inclusive: This paragraph provides credit for
the actions required by paragraph (h) of this AD, if those actions
were performed before the effective date of this AD using Boeing
Alert Service Bulletin 737-31A1332, Revision 2, dated August 18,
2011, which was incorporated by reference in AD 2012-19-11,
Amendment 39-17206 (77 FR 60296, October 3, 2012).
    (iv) For Group 21, Configuration 2 airplanes identified in
Boeing Alert Service Bulletin 737-31A1332, Revision 3, dated March
28, 2012: This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 737-
31A1332, Revision 2, dated August 18, 2011, which was incorporated
by reference in AD 2012-19-11, Amendment 39-17206 (77 FR 60296,
October 3, 2012); and provided that the actions specified in Boeing
Service Bulletin 737-21-1171, dated February 12, 2009 (which is not
incorporated by reference in this AD), were accomplished prior to or
concurrently with the actions specified in Boeing Alert Service
Bulletin 737-31A1332, Revision 2, dated August 18, 2011.
    (2) This paragraph provides credit for the actions specified in
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information identified
in paragraph (j)(2)(i) or (j)(2)(ii) of this AD.
    (i) Boeing Alert Service Bulletin 737-31A1325, dated January 11,
2010, which was incorporated by reference in AD 2012-19-11,
Amendment 39-17206 (77 FR 60296, October 3, 2012).
    (ii) Boeing Alert Service Bulletin 737-31A1325, Revision 1,
dated July 5, 2012, which is not incorporated by reference in this
AD.

(k) New Requirements to This AD: Exceptions to the Service Information

    (1) Where Boeing Special Attention Service Bulletin 737-21-1164,
Revision 2, dated August 23, 2013, specifies to contact Boeing for
instructions: Before further flight, repair using a method approved
in accordance with the procedures specified in paragraph (l) of this
AD.
    (2) Where Boeing Alert Service Bulletin 737-31A1325, Revision 2,
dated June 5, 2014, specifies to contact Boeing for instructions:
Before further flight, repair using a method approved in accordance
with the procedures specified in paragraph (l) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in paragraph (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2012-19-11, Amendment 39-17206 (77 FR
60296, October 3, 2012), are approved as AMOCs for the corresponding
provisions of this AD.

(m) Related Information

    (1) For more information about this AD, contact Francis Smith,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax: 425-
917-6590; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(5) and (n)(6) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 15, 2015.
    (i) Boeing Alert Service Bulletin 737-31A1325, Revision 2, dated
June 5, 2014.
    (ii) Boeing Alert Service Bulletin 737-31A1332, Revision 4,
dated October 31, 2013.
    (iii) Boeing Special Attention Service Bulletin 737-21-1164,
Revision 2, dated August 23, 2013.
    (iv) Boeing Special Attention Service Bulletin 737-21-1165,
Revision 3, dated July 16, 2014.
    (4) The following service information was approved for IBR on
November 7, 2012 (77 FR 60296, October 3, 2012).
    (i) Boeing Alert Service Bulletin 737-31A1325, dated January 11,
2010.
    (ii) Boeing Alert Service Bulletin 737-31A1332, Revision 1,
dated June 24, 2010.
    (iii) Boeing Alert Service Bulletin 737-31A1332, Revision 2,
dated August 18, 2011.
    (iv) Boeing Alert Service Bulletin 737-31A1332, Revision 3,
dated March 28, 2012.
    (v) Boeing Special Attention Service Bulletin 737-21-1164,
Revision 1, dated May 17, 2012.
    (vi) Boeing Special Attention Service Bulletin 737-21-1165,
Revision 1, dated July 16, 2010.
    (vii) Boeing Special Attention Service Bulletin 737-21-1165,
Revision 2, dated April 30, 2012.
    (5) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (6) You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 22, 2015.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-19316 Filed 8-10-15; 8:45 am]
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41709-41710]
[FR Doc No: 2022-14927]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6951-018]

Tallassee Shoals, LLC.; Notice of Application Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New License.
    b. Project No.: 6951-018.
    c. Date Filed: September 15, 2021.
    d. Applicant: Tallassee Shoals, LLC.
    e. Name of Project: Tallassee Shoals Hydroelectric Project
(project).
    f. Location: On the Middle Oconee River, in Athens-Clarke and
Jackson Counties, Georgia. The project does not occupy any federal
land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Walter Puryear, Tallassee Shoals, LLC, 2399
Tallassee Road, Athens, Georgia 30607; Phone at<PHONE_NUMBER>, or
email at [email protected].
    i. FERC Contact: Michael Spencer at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments,

recommendations, terms and conditions, and prescriptions using the
Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
https://ferconline.ferc.gov/QuickComment.aspx. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-6951-018.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted and is ready for
environmental analysis at this time.
    The Council on Environmental Quality (CEQ) issued a final rule on
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507,
and 1508 that federal agencies use to implement the National
Environmental Policy Act (NEPA) (see National Environmental Policy Act
Implementing Regulations Revisions, 87 FR 23,453-70). The final rule
became effective on May 20, 2022. Commission staff intends to conduct
its NEPA review in accordance with CEQ's new regulations.
    l. The Tallassee Shoals Project consists of: (1) a 365-foot-long,
25-foot-high concrete dam; (2) a 23-acre impoundment with a net storage
capacity of 115 acre-feet, at 645 feet elevation; (3) a 100-kilowatt
fixed Kaplan unit integral with the east end of the dam; (4) a 1,400-
foot-long headrace canal from the dam to the powerhouse; (5) an 80-
foot-long, 11-foot-diameter penstock; (6) a powerhouse containing a
single 2.2-megawatt (MW) adjustable Kaplan unit; (7) a 75-foot-long
tailrace; and (8) a 100-foot-long, 42-kilovolt transmission line. The
project creates a 2,100-foot-long bypassed reach of the Middle Oconee
River. The project's total capacity is 2.3 MW.
    The current license requires Tallassee Shoals, LLC. to: (1) operate
the project in run-of-river mode; (2) release a bypassed reach minimum
flow of 70 cubic feet per second (cfs) all months of the year except
May when the minimum flow is 138 cfs. The average annual generation of
the project is approximately 6,100 megawatt-hours.
    Tallassee Shoals, LLC. proposes to discontinue releasing the 138-
cfs minimum flow currently required in the month of May and instead
release the 70 cfs minimum flow, which is currently required from June
through April, through May as well (i.e., through the entire year).
    m. A copy of the application can be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must: (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions, or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed on the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at https://www.ferc.gov/ferc-online/overview to be notified via email of new filings and issuances related
to this or other pending projects. For assistance, contact FERC Online
Support.
    o. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.
    p. Procedural Schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing comments,               September 2022.
 recommendations, preliminary terms and
 conditions, and preliminary fishway
 prescriptions.
Deadline for filing reply comments........  October 2022.
------------------------------------------------------------------------

    q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: July 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-14927 Filed 7-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Rules and Regulations]
[Page 10608-10610]
[DOCID:fr09mr07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2007-0141; FRL-8286-3]

Approval and Promulgation of Implementation Plans; Kansas;
Interstate Transport of Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is revising the Kansas State Implementation Plan (SIP) for
the purpose of approving the Kansas Department of Health and
Environment's (KDHE) actions to address the ``good neighbor''
provisions of the Clean Air Act Section 110(a)(2)(D)(i). These
provisions require each state to submit a SIP that prohibits emissions
that adversely affect another state's air quality through interstate
transport. KDHE has adequately addressed the four distinct elements
related to the impact of interstate transport of air pollutants. These
include prohibiting significant contribution to downwind nonattainment
of the National Ambient Air Quality Standards (NAAQS), interference
with maintenance of the NAAQS, interference with plans in another state
to prevent significant deterioration of air quality, and efforts of
other states to protect visibility. The requirements for public
notification were also met by KDHE.

DATES: This direct final rule will be effective May 8, 2007, without
further notice, unless EPA receives adverse comment by April 9, 2007.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-0141, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Michael Jay, Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.
    4. Hand Delivery or Courier. Deliver your comments to Michael Jay,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0141. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov website is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Environmental Protection

Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Michael Jay at<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:

    What is being addressed in this document?
    What action is EPA taking?

What is being addressed in this document?

    EPA is revising the SIP for the purpose of approving the KDHE's
actions to address the requirements of the Clean Air Act (CAA) section
110(a)(2)(D)(i). This CAA section requires each state to submit a SIP
that

prohibits emissions that could adversely affect another state. The SIP
must prevent sources in the state from emitting pollutants in amounts
which will: (1) Contribute significantly to downwind nonattainment of
the NAAQS, (2) interfere with maintenance of the NAAQS, (3) interfere
with provisions to prevent significant deterioration of air quality,
and (4) interfere with efforts to protect visibility.
    EPA issued guidance on August 15, 2006, relating to SIP submissions
to meet the requirements of section 110(a)(2)(D)(i). As discussed
below, Kansas' analysis of its SIP with respect to the statutory
requirements is consistent with the guidance.
    The KDHE has addressed the first two of these elements by
submitting a technical demonstration supporting the conclusion that
emissions from Kansas do not significantly contribute to downwind
nonattainment or interfere with maintenance of the NAAQS in another
state. For PM2.5, the state has relied upon existing EPA
Clean Air Interstate Rule (CAIR) modeling that determined impacts from
the state do not meet or exceed the 0.2 [mu]g/m3 average
annual threshold that EPA established to determine significant impact
on another state in the projection year 2010. The state indicated that
in EPA's CAIR modeling, Kansas' maximum downwind contribution to
average annual nonattainment was 0.11 [mu]g/m3 (70 FR
25247). The state has relied on this result to demonstrate that
emissions from the state do not contribute significantly to downwind
nonattainment of the annual PM2.5 standard.
    For 8-hour ozone, the state was unable to rely on EPA CAIR modeling
to determine the state's impact on projected 8-hour ozone nonattainment
in downwind states. The EPA CAIR 8-hour ozone modeling domain did not
include the entire state. As a result, impacts from the state were not
provided in the analyses. Therefore, the state has provided additional
analyses, as part of the technical demonstration, to support a negative
declaration that the state contributes significantly to projected
downwind 8-hour ozone nonattainment in the year 2010.
    The technical demonstration includes analyses on a number of EPA
guidance elements. For example, the technical demonstration includes a
backtrajectory analysis to examine Kansas' impacts on the nearest EPA
projected 8-hour ozone nonattainment area for the year 2010. CAIR
modeling projects the ozone nonattainment counties nearest to Kansas
will be Kenosha and Ozaukee, Wisconsin. The backtrajectory analysis
revealed that relatively few air masses pass over Kansas prior to
arriving to these counties during high ozone days, thus demonstrating
that emissions from Kansas have a minimal contribution to the 8-hour
ozone nonattainment of the two counties. Additionally, the state has
emphasized that St. Louis, Missouri, the nearest current nonattainment
area, is projected by EPA to be in attainment of the 8-hour ozone
standard in the year 2010. Based on this and other information provided
by the state in the technical demonstration, EPA believes the state has
sufficiently demonstrated that emissions from the state do not
significantly contribute to downwind nonattainment or interfere with
maintenance of the NAAQS. Additional supporting information can be
found in the state's technical demonstration included in the docket.
    The third element KDHE addressed was prevention of significant
deterioration (PSD). For 8-hour ozone, the state has met the obligation
by confirming that major sources in the state are currently subject to
PSD programs that implement the 8-hour ozone standard and that the
state is on track to meet the June 15, 2007, deadline for SIP
submissions adopting any relevant requirements of the Phase II ozone
implementation rule. For PM2.5, the state has confirmed that
the state's PSD program is being implemented in accordance with EPA's
interim guidance calling for the use of PM10 as a surrogate
for PM2.5 for the purposes of PSD review. Once
PM2.5 guidance is finalized by EPA, KDHE commits to
transitioning from use of the interim PM2.5 guidance to the
final PM2.5 implementation guidance after approval of the
PM2.5 SIP revision. The submittal is due in April 2008.
    It should be noted that Kansas is currently designated attainment
for both the 8-hour ozone and PM2.5 National Ambient Air
Quality Standards.
    At this time, it is not possible for KDHE to accurately determine
whether there is interference with measures in another state's SIP
designed to protect visibility, which is the fourth element that was
addressed. Technical projects relating to visibility degradation
source-receptor relationships are under development. Kansas will be in
a more advantageous position to address the visibility projection
requirements once the initial regional haze SIP has been developed.
KDHE intends to meet the December 17, 2007, submittal deadline for the
regional haze SIP.
    A public hearing with regard to this action was held by the state.
No comments were received.
    With this action, the non-regulatory text in 40 CFR 52.870(e) is
revised to reflect that KDHE addressed the elements of the CAA section
110(a)(2)(D)(i) submittal.

What action is EPA taking?

    EPA is approving this revision submitted by Kansas and is revising
40 CFR 52.870 to reflect that the KDHE has adequately addressed the
required elements of the CAA section 110(a)(2)(D)(i) SIP. Please note
that if EPA receives adverse comments on part of this rule, and if that
part can be severed from the remainder of the rule, EPA may adopt as
final those parts of the rule that are not the subject of an adverse
comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this action will not have
a significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This action also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255,

August 10, 1999). This action merely approves a state rule implementing
a Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
action also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
    In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 8, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: February 27, 2007.
John B. Askew,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Kansas

0
2. In Sec.  52.870(e) the table is amended by adding an entry in
numerical order to read as follows:

Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                                      EPA-Approved Kansas Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Applicable geographic or            State
 Name of nonregulatory SIP provision            nonattainment area          submittal date      EPA approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
(30) CAA 110(a)(2)(D)(i) SIP--         Statewide..........................         1/07/07  3/09/07 [insert FR page
 Interstate Transport.                                                                       number where the
                                                                                document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

 [FR Doc. E7-4304 Filed 3-8-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Rules and Regulations]
[Page 63706-63708]
[DOCID:fr18oc10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0651; Airspace Docket No. 10-ANM-7]

Amendment of Class D and Class E Airspace; Klamath Falls, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action will amend Class D and Class E airspace at Klamath
Falls, OR. Decommissioning of the Merrill

Non-Directional Radio Beacon (NDB) at Klamath Falls Airport has made
this action necessary for the safety and management of Instrument
Flight Rules (IFR) operations at the airport. This action also will
adjust the geographic coordinates of the airport and a navigation aid,
and will change the name of the airport.

DATES: Effective Date: 0901 UTC, January 13, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 16, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend controlled airspace at Klamath
Falls, OR (75 FR 49866). Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. No comments were received.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, 6004 and 6005, respectively, of FAA Order 7400.9U
dated August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface at Klamath Falls Airport, Klamath Falls, OR.
Decommissioning of the Merrill NDB and cancellation of the NDB approach
has made this action necessary for the safety and management of IFR
operations at the airport. The geographic coordinates of the Klamath
Falls Airport, and the Klamath Falls VHF Omni-Directional Radio Range
Tactical Air Navigation Aid (VORTAC), listed in the descriptions of the
Class D and Class E airspace areas, will be adjusted in accordance with
the FAA's National Aeronautical Navigation Services (NANS). The airport
name will be corrected from Klamath Falls International Airport to
Klamath Falls Airport.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it modifies
controlled airspace at Klamath Falls Airport, Klamath Falls, OR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM OR D Klamath Falls, OR [Amended]

Klamath Falls Airport, OR
    (Lat. 42[deg]09'22'' N., long. 121[deg]44'00'' W.)

    That airspace extending upward from the surface to and including
6,600 feet MSL within a 5.4-mile radius of Klamath Falls Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM OR E2 Klamath Falls, OR [Amended]

Klamath Falls Airport, OR
    (Lat. 42[deg]09'22'' N., long. 121[deg]44'00'' W.)

    Within a 5.4-mile radius of Klamath Falls Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ANM OR E4 Klamath Falls, OR [Amended]

Klamath Falls Airport, OR
    (Lat. 42[deg]09'22'' N., long. 121[deg]44'00'' W.)

Klamath Falls VORTAC
    (Lat. 42[deg]09'11'' N., long. 121[deg]43'39'' W.)

    That airspace extending upward from the surface within 3.5 miles
east and 1.8 miles west of the Klamath Falls VORTAC 171[deg] radial
extending from the 5.4-mile radius of Klamath Falls Airport to 7.4
miles south of the VORTAC, and within 1.8 miles each side of the
Klamath Falls VORTAC 332[deg] radial extending from the 5.4-mile
radius of the airport to 9.6 miles northwest of the VORTAC.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E5 Klamath Falls, OR [Modified]

Klamath Falls Airport, OR
    (Lat. 42[deg]09'22'' N., long. 121[deg]44'00'' W.)

    That airspace extending upward from 700 feet above the surface
within a 13.1-mile radius of Klamath Falls Airport, and within 4.3
miles east and 8.3 miles west of the 158[deg] bearing from the
airport extending from the 13.1-mile radius to 27.2 miles south of
the airport; that airspace extending upward from 1,200 feet above
the surface between the 13.1-mile radius and the 21.8-mile radius of
the Klamath Falls Airport; that airspace extending upward from 7,500
feet MSL within the area bounded by the 21.8-mile radius and the
34.8-mile radius of the

Klamath Falls Airport extending clockwise from the airport 095[deg]
bearing to a line 4.3 miles east of and parallel to the airport
165[deg] bearing, and within the area bounded by the 21.8-mile
radius and the 34.8-mile radius of the Klamath Falls Airport
extending clockwise from the airport 245[deg] bearing to the airport
295[deg] bearing; that airspace extending upward from 7,700 feet MSL
within the area bounded by the 21.8-mile radius and the 27.9-mile
radius of the Klamath Falls Airport extending clockwise from the
airport 332[deg] bearing to a line 7.9 miles northeast of and
parallel to the airport 332[deg] bearing; that airspace extending
upward from 8,600 feet MSL within the area bounded by the 21.8-mile
radius and the 41.8-mile radius of the Klamath Falls Airport
extending clockwise from a line 4.3 miles east of and parallel to
the airport 165[deg] bearing to a line 10.1 miles west of and
parallel to the airport 181[deg] bearing; that airspace extending
upward from 9,000 feet MSL within the area bounded by the 21.8-mile
radius and the 34.8-mile radius of the Klamath Falls Airport
extending clockwise from the airport 320[deg] bearing to the airport
095[deg] bearing; that airspace extending upward from 9,500 feet MSL
within the area bounded by the 21.8-mile radius and the 34.8-mile
radius of the Klamath Falls Airport extending clockwise from a line
10.1 miles west of and parallel to the airport 181[deg] bearing to
the airport 245[deg] bearing, and within the area bounded by the
21.8-mile radius and the 24.4-mile radius of the Klamath Falls
Airport extending clockwise from the airport 295[deg] bearing to the
airport 320[deg] bearing; and that airspace extending from 11,000
feet MSL within the area bounded by the 24.4-mile radius and the
34.8-mile radius of the Klamath Falls Airport extending clockwise
from the airport 295[deg] bearing to the airport 320[deg] bearing.

    Issued in Seattle, Washington, on October 6, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-26091 Filed 10-15-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]
[Page 36425-36426]
[DOCID:fr25jn10-70]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0076] (formerly Docket No. 2007D-0387)

Guidance for Industry and Food and Drug Administration Staff; In
Vitro Diagnostic Studies--Frequently Asked Questions; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``In Vitro Diagnostic (IVD)
Device Studies--Frequently Asked Questions.'' FDA is issuing this
guidance to assist manufacturers in developing and conducting studies
for IVD devices, particularly those exempt from most of the
Investigational Device Exemption (IDE) regulations. The guidance
explains data considerations that ultimately will affect the quality of
the premarket submission. The draft of this guidance was issued October
25, 2007.

DATES:  Submit either electronic or written comments on this guidance
at any time. General comments on agency guidance documents are welcome
at any time.

ADDRESSES:  Submit written requests for single copies of the guidance
document entitled `` In Vitro Diagnostic (IVD) Device Studies--
Frequently Asked Questions'' to the Division of Small Manufacturers,
International, and Consumer Assistance, Center for Devices and
Radiological Health (CDRH), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 4613, Silver Spring, MD 20993-0002, or to
the Office of Communication, Outreach and Development (HFM-40), Center
for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to CDRH at<PHONE_NUMBER>.
The guidance may also be obtained by mail by calling CBER at 1-800-835-
4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION section for
information on electronic access to the guidance.
    Submit electronic comments on the guidance to http://
www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Sally Hojvat, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 5524, Silver Spring, MD 20993-0002,<PHONE_NUMBER>;
or
    Stephen Ripley, Center for Biologics Evaluation and Research (HFM-
17), Food and Drug Administration, 1401 Rockville Pike, suite 200N,
Rockville, MD 20852-1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    This guidance facilitates the movement of new IVD technology from
the investigational stage to the marketing stage by providing
information about the development and conduct of IVD studies that will
be submitted to the agency to support premarket notifications and
applications. Because many IVD studies are exempt from most of the IDE
regulations at part 812 (21 CFR part 812) (Sec.  812.2(c)(3)), industry
sponsors and FDA staff often have questions concerning the relevant
requirements and appropriate methods for such studies. This guidance
provides information about such studies as well as general information
about the development, conduct, and responsibilities associated with
all IVD studies. CDRH and CBER both have regulatory oversight of IVD
devices. Information in this guidance is relevant to IVD devices
regulated by either center under chapter I of title 21 of the Code of
Federal Regulations, subchapter H.
    In the Federal Register of October 25, 2007 (72 FR 60682), FDA
announced the availability of the draft guidance. FDA received one
comment regarding the use of investigational IVD devices in clinical
drug trials. The comment addresses issues outside the scope of this
guidance because this guidance makes recommendations for studies to
support premarket notifications and approvals of IVD devices and does
not address the use of investigational devices in clinical studies
designed to evaluate new drug products.
    FDA made several minor wording changes to the guidance document in
order to improve clarity, however there are no significant, substantive
changes.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on ``In Vitro Diagnostic (IVD) Device
Studies--Frequently Asked Questions.'' It does not create or confer any
rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. To receive ``In Vitro Diagnostic (IVD) Device
Studies--Frequently Asked Questions,'' you may either send an e-mail
request to<EMAIL_ADDRESS>to receive an electronic copy of the
document or send a fax request to<PHONE_NUMBER> to receive a hard copy.
Please use the document number 1587 to identify the guidance you are
requesting.
    A search capability for all CDRH guidance documents is available at
http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/
GuidanceDocuments/default.htm. Guidance documents are also available at
http://www.regulations.gov or the CBER Internet site at http://
www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/default.htm.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in part 807 (21 CFR part 807), subpart E,
including Sec.  807.87, have been approved under OMB control no. 0910-
0120; the collections of information in 21 CFR part 860 have been
approved under OMB control no. 0910-0138; the collections of
information in 21 CFR part 812 have been approved under OMB control no.
0910-0078; the collections of information in 21 CFR parts 50 and 56
have been approved under OMB control no. 0910-0130; the collections of
information in 21 CFR part 803 have been approved under OMB control no.
0910-0437; the collections of information in 21 CFR part 810 have been
approved under OMB control no. 0910-0432; the collections of
information in part 814 (21 CFR part 814), subparts B and E, have been
approved under OMB control no. 0910-0231; the collections of
information in part 814, subpart H, have been approved under OMB
control no. 0910-0332; the collections of information in 21 CFR part
820 have

been approved under OMB control no. 0910-0073; the collections of
information in 21 CFR part 610 have been approved under OMB control
nos. 0910-0116 and 0910-0338; and the collections of information in 21
CFR 809.10 have been approved under OMB control no. 0910-0485.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: June 21, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-15417 Filed 6-24-10; 8:45 am]
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