[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43348-43349]
[FR Doc No: 2017-19567]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. P-13407-004]

Clean River Power MR-2, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene and Protest

    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection.
    a. Type of Applications: Amendment of License.
    b. Project No.: 13407-004.
    c. Date filed: May 23, 2017.
    d. Applicant: Clean River Power MR-2, LLC, a subsidiary of Free
Flow Power Corporation.
    e. Name of Project: Lowell Lock and Dam Water Power Project.
    f. Location: The proposed project would be located at the existing
Lowell Lock and Dam on the Muskingum River in Washington County, West
of the City of Lowell, Ohio. The lock and dam was formally owned and
operated by the U.S. Army Corps of Engineers, but is currently owned
and operated by the Ohio Department of Natural Resources, Division of
Parks and Recreation.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contacts: Ramya Swaminathan, Chief Operating Officer,
Free Flow Power Corporation, 239 Causeway Street, Suite 300, Boston, MA
02114;<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>    i. FERC Contact: M. Joseph Fayyad<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protests
is 30 days from the issuance of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/doc-sfiling/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426.

The first page of any filing should include docket number P-13407-004.
    k. Description of currently authorized project: The authorized but
unconstructed project works consist of: (a) An existing 840-foot-long,
18-foot-high timber crib and concrete dam that contains a full-length,
uncontrolled spillway having a crest elevation of 607.06 feet North
American Vertical Datum of 1988; (b) an existing 628-acre impoundment
with a volume of 4,492 acre-feet at the crest elevation of the dam; (c)
a new 215-foot-long by 165-foot-wide by 23-foot-deep intake channel to
be excavated upstream of the dam to convey flows to be used for
generation into the powerhouse; (d) a new 37-foot-long by 80-foot-wide
by 52-foot-high intake structure equipped with trashracks containing 2-
inch clear bar spacing; (e) a new 160-foot-long by 75-foot-wide by 66-
foot-high concrete powerhouse located immediately downstream of the dam
on the north river bank containing two 2.5-megawatt horizontal Kaplan
turbine/generator units; (f) a new 143.5-foot-long dam abutment located
adjacent to the powerhouse to serve as an overflow weir to maintain the
existing overflow capacity of the dam; (g) a new 100-foot-long by 125-
foot-wide by 24-foot-deep tailrace channel located immediately
downstream of the powerhouse to return flows exiting the powerhouse to
the Muskingum River; (h) a new 40-foot-long by 40-foot-wide substation
located adjacent to the north end of the dam; (i) a new 135-foot-long,
4.16-kilovolt (kV) transmission cable that connects the powerhouse to
the substation; (j) a new 1,200-foot-long, 69-kV overhead transmission
line that connects the substation to a local utility distribution line;
(k) a new 150-foot-long access road and a new 1,800-square-foot parking
lot located at the south end of the dam; and (l) appurtenant
facilities.
    l. Description of Amendment: The licensee proposes certain design
changes to the project's works as follows: (1) Change the location of
the project works form the north side to the south side of the dam; (2)
the tailrace channel will be 255-foot-long by 170-foot-wide by 28-foot-
deep; and (3) the transmission line will be a 150-foot-long, 4.16-kV
transmission line that connects the powerhouse to the substation and a
2,375-foot-long, 69-kV transmission line that connects the substation
to the local utility distribution line. Most of the 69-kV transmission
line will be submerged behind the dam.
    m. Location of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. The filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a motion to intervene, or a protest 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, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``MOTION TO
INTERVENE'', or ``PROTEST'' as applicable; (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervener must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: September 7, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-19567 Filed 9-14-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]
[Page 11614]
[DOCID:fr08mr06-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM01-5-000]

Electronic Tariff Filings; Notice of Technical Conference,
Comment Deadline and Electronic Format Manual

March 1, 2006.
    Take notice that on March 28, 2006, Federal Energy Regulatory
Commission (Commission) staff will host a technical conference to
discuss the electronic tariff and rate case filing software that has
been developed in connection with the Notice of Proposed Rulemaking
(NOPR) requiring electronic tariff filings. Electronic Tariff Filings,
Notice of Proposed Rulemaking, 69 FR 43929 (July 23, 2004) FERC Stats.
& Regs., Proposed Regulations ] 32,575 (July 8, 2004). The technical
conference will be held from 9 a.m. until 4 p.m. (EDT) at the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in the Commission Meeting Room. The agenda shall include a
demonstration of the electronic tariff filing software. Topics to be
discussed include the tariff conversion process and the electronic
tariff filing process.
    The Commission hereby establishes May 30, 2006 as the final date
for comments on the July 8, 2004 NOPR. See Electronic Tariff Filings,
Notice of Additional Proposals and Procedures, 70 FR 40941 (July 15,
2005) FERC Stats. & Regs., ] 35,551 (July 6, 2005).
    Information related to this conference is available on the
Commission's Web site (http://www.ferc.gov; click on eTariff under the

Documents and Filings Heading). The software is available to download
and test at http://www.ferc.gov/docs-filing/etariff.asp. An updated

draft electronic format manual for electronic tariff and rate filings
to be made in conformance with the NOPR describes the specific
requirements for making electronic filings (http://www.ferc.gov/docs-filing/etariff/fil-soft-help/electronic-manual.pdf
). An early prototype

of a viewer to be used by the public to access tariffs is being made
available (http://www.ferc.gov/docs-filing/etariff/tariff-public-viewer.asp
). This public viewer is expected to be enhanced

significantly by the time the electronic tariff filing is implemented.
Further, the company registration window is available for viewing on
the FERC Web site (http://www.ferc.gov/images/docs-filing/etariff_init_reg.gif
). The registration window is not yet functional, but is

presented to show the information that will be required for
jurisdictional companies to provide when they register and obtain a
``Company Identification Number'' for the purpose of electronically
submitting tariff filings with the Commission.
    A free webcast of this event is available through http://www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of

Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact

Danelle Perkowski or David Reininger at<PHONE_NUMBER>.
    The conference is open to the public to attend, and pre-
registration is not required.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact Keith
Pierce, Office of Energy Markets and Reliability at<PHONE_NUMBER> or
<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
 [FR Doc. E6-3208 Filed 3-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49493-49494]
[FR Doc No: 2013-19590]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-1119-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: FOSA Clean-up to be effective 9/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5017.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1120-000.
    Applicants: MarkWest New Mexico, L.L.C.
    Description: MarkWest New Mexico Order No. 776 Compliance Filing to
be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5027.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1121-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: MarkWest Pioneer Order No. 776 Compliance Filing to be
effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5028.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1122-000.
    Applicants: KPC Pipeline, LLC.
    Description: KPC Order No. 776 Compliance Filing to be effective
10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5029.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1123-000.
    Applicants: NGO Transmission, Inc.
    Description: NGO Transmission--Order No. 776 Compliance Filing to
be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5030.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1124-000.
    Applicants: Clear Creek Storage Company, L.L.C.
    Description: Clear Creek ACA Filing to be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5034.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1125-000.
    Applicants: Alliance Pipeline L.P.
    Description: August 1-31, 2013. Auction to be effective 8/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5048.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1126-000.
    Applicants: Northwest Pipeline LLC.
    Description: ACA, Order No. 776 Compliance Filing to be effective
10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5088.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1127-000.
    Applicants: Arlington Storage Company, LLC.
    Description: Arlington Storage Company, LLC-Order No. 776
Compliance Filing to be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5089.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1128-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Creole Trail Annual Charge Adjustment Filing to be
effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5091.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1129-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: S-2 Tracker Filing Effective 2013-08-01 to be
effective 8/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5124.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1130-000.
    Applicants: Rager Mountain Storage Company LLC.
    Description: Rager Mountain ACA Filing to be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5125.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1131-000.
    Applicants: Central New York Oil And Gas, L.L.C.
    Description: Central New York Oil And Gas Company LLC--Order No.
776 Compliance Filing to be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5126.
    Comments Due: 5 p.m. ET 8/12/13.

    Docket Numbers: RP13-1132-000.
    Applicants: Southwest Gas Transmission Company, A Li.
    Description: Annual Charge Adjustment to be effective 10/1/2013.
    Filed Date: 7/30/13.
    Accession Number: 20130731-5001.
    Comments Due: 5 p.m. ET 8/12/13.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP10-1403-004.
    Applicants: Sabine Pipe Line LLC.
    Description: Sabine Sections 5 and 6.1.0 Rates and FT Rate
Correction to be effective 10/1/2013 under RP10-1403 Filing Type: 580.
    Filed Date: 7/30/13.
    Accession Number: 20130730-5090.
    Comments Due: 5 p.m. ET 8/12/13.
    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 31, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-19590 Filed 8-13-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Pages 3220-3222]
[FR Doc No: 2012-1223]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0960; A-1-FRL-9621-2]

Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Determination of Attainment of the 1997 Ozone Standard
for the Western Massachusetts Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing two separate and independent
determinations regarding the Springfield (Western Massachusetts)
moderate 1997 8-hour ozone nonattainment area. First, EPA is proposing
to determine that the Western Massachusetts nonattainment area has
attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS)
for ozone, based upon complete, quality-assured, certified ambient air
monitoring data that show the area has monitored attainment of the 1997
8-hour ozone NAAQS for the 2007-2009 and 2008-2010 monitoring periods.
Preliminary data for 2011 indicate the area continues to attain the
standard. If this proposed determination is made final, under the
provisions of EPA's ozone implementation rule, the requirements for
this area to submit an attainment demonstration, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans related to attainment of the 1997 8-hour ozone
NAAQS shall be suspended for so long as the area continues to attain
the 1997 ozone NAAQS. Second, based on complete, quality-assured and
certified air monitoring data for 2007-2009, EPA is proposing to
determine that the Western Massachusetts nonattainment area also
attained the 1997 ozone NAAQS as of June 15, 2010, its applicable
attainment date.

DATES: Written comments must be received on or before February 22,
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2011-0960 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2011-0960,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2),
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2011-0960. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
    The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email 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
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 www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square, Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

    Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. What actions is EPA taking?
II. What is the effect of these actions?
III. What is the background for these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is proposing to determine that the Springfield (Western
Massachusetts) moderate 8-hour ozone nonattainment area (hereafter
``the Western Massachusetts area'') has attained the 1997 8-hour NAAQS
for ozone. This determination is based upon complete, quality-assured
and certified ambient air monitoring data that show the area has
monitored attainment of the 1997 ozone NAAQS for the 2007-2009 and
2008-2010 monitoring periods. Preliminary data available for 2011
indicate the area continues to attain the standard. In addition,
pursuant to section 181(b)(2)(A) of the Clean Air Act (CAA), and based
upon complete, quality assured and certified air monitoring data for
2007-2009, EPA is proposing to determine that this area attained the
1997 ozone NAAQS by its applicable attainment date (June 15, 2010).

II. What is the effect of these actions?

    If EPA's determination that the area is attaining the standard is
made final, under the provisions of EPA's ozone implementation rule
(see 40 CFR Section 51.918), the requirements for the Western
Massachusetts moderate ozone nonattainment area to submit an attainment
demonstration, a reasonable further progress plan, section 172(c)(9)
contingency measures, and any other planning State Implementation Plans
(SIPs) related to attainment of the 1997 8-hour ozone NAAQS would be
suspended for so long as the area continues to attain the 1997 8-hour
ozone NAAQS. This proposed action, if finalized, would not constitute a
redesignation to attainment under the Clean Air Act (CAA) section
107(d)(3), because we would not yet have an approved maintenance plan
for the area as required under section 175A of the CAA, nor a
determination that the area has met the other requirements for
redesignation. The classification and designation status of the area
would remain moderate nonattainment for the 1997 8-hour ozone NAAQS
until such time as EPA determines that the area meets the CAA
requirements for redesignation to attainment.
    If this determination of attainment is finalized and EPA
subsequently determines, after notice-and-comment rulemaking in the
Federal Register, that the area has violated the 1997 8-hour ozone
standard, the basis for the suspension of these requirements would no
longer exist, and the area would thereafter have to address the
pertinent CAA requirements. It should be noted, that Massachusetts
submitted an attainment demonstration, reasonable further progress
(RFP) plan and contingency measures for this area on January 31, 2008.
EPA has not taken action on the attainment demonstration but has
proposed approval of the RFP plan and contingency measures for the
Western Massachusetts area. (See 75 FR 57221, September 20, 2010.)
    In addition, under section 181(b)(2)(A) of the CAA and the
provisions of EPA's ozone implementation rule (see 40 CFR Section
51.902(a)), EPA is proposing to determine, that the Western
Massachusetts area attained the 1997 ozone NAAQS by its applicable
attainment date of June 15, 2010. The effect of a final determination
of attainment by the area's attainment date would be to discharge EPA's
obligation under section 181(b)(2)(A), and to establish that, in
accordance with that section, the area would not be reclassified for
failure to attain by its applicable attainment date.

III. What is the background for these actions?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment
any area that was violating the 1997 8-hour ozone NAAQS based on the
three most recent years (2001-2003) of air quality data. The Western
Massachusetts area was designated as a moderate ozone nonattainment
area. The Western Massachusetts nonattainment area consists of
Berkshire, Franklin, Hampden and Hampshire counties. Recent air quality
data indicate that the Western Massachusetts area is attaining the 1997
8-hour ozone standard.

IV. What is EPA's analysis of the relevant air quality data?

    The EPA has reviewed the ambient air monitoring data for ozone,
consistent with the requirements contained in 40 CFR Part 50 and
recorded in the Air Quality Data System (AQS) database, for Western
Massachusetts, from 2007 through 2010.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.08 parts per million (ppm)
(i.e., 0.084 ppm, based on the rounding convention in 40 CFR Part 50,
Appendix I). This 3-year average is referred to as the design value.
When the design value is less than or equal to 0.084 ppm at each
monitoring site within the area, then the area is meeting the NAAQS.
Also, the data completeness requirement is met when the 3-year average
of the percent of days with valid ambient monitoring data is more than
90%, and no single year has less than 75% data completeness as
determined in Appendix I of 40 CFR Part 50.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone
concentrations for the four Western Massachusetts area monitors for the
years 2007-2009, and the ozone design values for these same monitors
based on 2007-2009. Table 2 shows similar data for the 2008-2010
monitoring period.

    Table 1--2007-2009 Fourth-High 8-Hour Average Ozone Concentrations and 2007-2009 Design Values (Parts per
                                   Million) in the Western Massachusetts Area
----------------------------------------------------------------------------------------------------------------
                                                                                Design value
            Site ID               Site location    4th High 2007   4th High 2008   4th High 2009    (2007-2009)
----------------------------------------------------------------------------------------------------------------
250034002.....................  Adams \1\.......           0.080           0.072           0.066           0.072
250130008.....................  Chicopee........           0.098           0.078           0.076           0.084
250150103.....................  N. Amherst......           0.080           0.073           0.070           0.074
250154002.....................  Ware............           0.087           0.079           0.076           0.080
----------------------------------------------------------------------------------------------------------------

    Table 2--2008-2010 Fourth-High 8-Hour Average Ozone Concentrations and 2008-2010 Design Values (Parts per
                                   Million) in the Western Massachusetts Area
----------------------------------------------------------------------------------------------------------------
                                                                                Design value
         Site ID               Site location       4th High 2008   4th High 2009   4th High 2010    (2008-2010)
----------------------------------------------------------------------------------------------------------------
250034002...............  Adams \1\.............           0.072           0.066           0.073           0.070
250130008...............  Chicopee..............           0.078           0.076           0.074           0.076
250150103...............  N. Amherst............           0.073           0.070           0.069           0.070
250154002...............  Ware..................           0.079           0.076           0.076           0.077
----------------------------------------------------------------------------------------------------------------

    EPA's review of these data indicates that the Western Massachusetts
area attained the 1997 8-hour ozone NAAQS and met its applicable
attainment deadline, based on 2007-2009 data. Our review also shows
that the area continues to attain the standard, based on complete,
quality-assured and certified data for the 2008-2010 monitoring period.
Preliminary ozone data for the 2011 ozone monitoring season also
indicate attainment.
---------------------------------------------------------------------------

    \1\ The data capture percentage for this ozone monitor was below
EPA data capture requirements for the 1997 8-hour ozone NAAQS, for
both the 2007-2009 and 2008-2010 monitoring periods. The
Massachusetts Department of Environmental Protection performed a
missing data analysis for this site in accordance with the
regulatory requirements of 40 CFR part 50, Appendix I. The
Massachusetts missing data analysis used a combination of
meteorology and air quality data for ozone monitors near the Adams
site for the missing days to decisively conclude that on the days
with missing ozone data, the ozone levels, if captured, would have
been below the 1997 8-hour ozone NAAQS. Thus, by rule, these days
can be counted for the purpose of meeting the data completeness
requirement. The missing data analysis for this site was approved by
EPA on December 15, 2011. The approval letter is in the Docket for
this action.
---------------------------------------------------------------------------

    EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters pertaining to this rulemaking
action. These comments will be considered before EPA takes final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA New England
Regional Office listed in the ADDRESSES section of this Federal
Register.

V. Proposed Actions

    EPA is proposing two separate and independent determinations.
First, EPA is proposing to determine that the Western Massachusetts
1997 8-hour ozone moderate nonattainment area has attained the 1997 8-
hour ozone standard, based on complete, quality-assured data for the
2007-2009 and 2008-2010 monitoring periods. Preliminary data available
for 2011 indicate the area continues to attain the standard. As
provided in 40 CFR 51.918, if EPA finalizes this determination, it
would suspend the requirements for Massachusetts to submit planning
SIPs related to attainment of the 1997 8-hour ozone NAAQS for this
area, for so long as the area continues to attain the standard.\2\ In
addition, under section 181(b)(2)(A) of the Clean Air Act and the
provisions of EPA's ozone implementation rule (see 40 CFR Section
51.902(a)), based upon complete, quality-assured and certified data for
2007-2009, EPA is proposing to determine that this area has attained
the 1997 ozone NAAQS by its applicable attainment date of June 15,
2010.
---------------------------------------------------------------------------

    \2\ Massachusetts submitted an attainment demonstration and
contingency measures for this area on Jan. 31, 2008. EPA has not
taken action on the attainment demonstration, but has proposed
approval of the reasonable further progress plan and contingency
measures. (See 75 FR 57221, Sept. 10, 2010.)
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment based on
air quality, and would, if finalized, result in the suspension of
certain Federal requirements, and would not impose additional
requirements beyond those imposed by state law. For that reason, these
proposed actions:
     Are not a ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with the Clean Air Act; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 9, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012-1223 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4320-4321]
[FR Doc No: 2012-1808]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9623-4]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; Request for Public Comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed consent decree to address a lawsuit filed by Sierra
Club and Medical Advocates for Healthy Air (collectively
``Plaintiffs'') in the United States District Court for the Northern
District of California: Sierra Club, et al. v. Jackson, No. C11-cv-
03106-JSW (N.D. CA). On June 23, 2011, Plaintiffs filed a complaint
alleging that EPA failed to perform a mandatory duty under section
110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2) to take timely final action
on the RACT demonstration that was submitted to EPA on June 18, 2009
(``2009 RACT SIP'') by the California Air Resources Board and the San
Joaquin Valley Unified Air Pollution Control District (the
``District''), and that EPA found complete on December 11, 2009. The
proposed consent decree establishes deadlines for EPA to take action.

DATES: Written comments on the proposed consent decree must be received
by February 27, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0037, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Jan Tierney, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit seeking to
compel the Administrator to take timely final action under section
110(k) of the CAA on the Valley's 2009 RACT SIP on a specific
timetable, and to promulgate a substitute FIP providing for the
implementation of RACT on existing sources of volatile organic
compounds and oxides of nitrogen in the Valley on a specific timetable
where EPA has not approved a SIP for a specific source category. On
December 15, 2011, EPA signed a final rule approving in part and
disapproving in part the 2009 RACT SIP. See 77 FR 1417 (January 10,
2012). The proposed consent decree requires that for each source
category for which EPA's final action on the 2009 RACT SIP identifies a
RACT deficiency, EPA shall sign no later than September 15, 2012, a
notice or notices approving a SIP rule in full, promulgating a FIP
rule, or approving a SIP rule in part and promulgating a FIP as
necessary to fully satisfy the RACT requirement in CAA section
182(b)(2) and (f). In addition, the proposed consent decree requires
that for each source category described above for which EPA has not
approved a SIP rule but has signed for publication in the Federal
Register a proposed FIP rule by September 15, 2012, EPA shall sign no
later than April 15, 2013, a notice or notices approving a SIP rule in
full, promulgating a FIP rule, or approving a SIP rule in part and
promulgating a FIP as necessary to fully satisfy the RACT requirement
in CAA section 182(b)(2) and (f). Following signature on each notice
described above, EPA shall deliver such notices to the Office of the
Federal Register for publication. After EPA fulfills its obligations
under the decree, the parties shall file a joint request to the Court
to dismiss this matter with prejudice.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-0037) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper,

will be made available for public viewing online at www.regulations.gov
without change, unless the comment contains copyrighted material, CBI,
or other information whose disclosure is restricted by statute.
Information claimed as CBI and other information whose disclosure is
restricted by statute is not included in the official public docket or
in the electronic public docket. EPA's policy is that copyrighted
material, including copyrighted material contained in a public comment,
will not be placed in EPA's electronic public docket but will be
available only in printed, paper form in the official public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the EPA Docket Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: January 19, 2012.
Patricia Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-1808 Filed 1-26-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Rules and Regulations]
[Pages 75423-75428]
[FR Doc No: 2014-29594]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 29

[Docket No.FAA-2011-1026; Special Conditions No. 29-036-SC]

Special Conditions: Sikorsky Aircraft Corporation (Sikorsky)
Model S-76D Helicopter, Search and Rescue (SAR) Automatic Flight
Control System (AFCS) Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Sikorsky Model S-
76D helicopter. This model of helicopter, as modified by Sikorsky, will
have novel or unusual design features associated with installing an
optional SAR AFCS. The applicable airworthiness standards do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards the Administrator considers necessary to show a level of
safety equivalent to that established by the existing airworthiness
standards.

DATES: This action is effective on Sikorsky Aircraft Corporation Model
S-76D on December 9, 2014.
    We must receive your comments by February 17, 2015.

ADDRESSES: Send comments identified by docket number FAA-2014-1026
using any of the following methods:
    [ssquf] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
    [ssquf] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
    [ssquf] Hand Delivery of Courier: Deliver comments to the ``Mail''
address between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
    [ssquf] Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket Web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: You can read the background documents or comments received
at http://www.regulations.gov. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room @12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mitchell Soth, FAA, Rotorcraft
Directorate, Regulations and Policy Group, ASW-111, Rotorcraft
Directorate, Aircraft Certification Service, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Reason for No Prior Notice and Comment Before Adoption

    The substance of these special conditions has been subjected to the
notice and comment period previously and has been derived without
substantive change from those previously issued. It is unlikely that
prior public comment would result in a significant change from the
substance contained herein. Further, a delay in the effective date of
these special conditions would significantly delay issuance of the
design approval and thus delivery of the helicopter, which is imminent.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, impracticable, and contrary to the public interest,
and finds good cause exists for adopting these special conditions upon
issuance. The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We will consider comments filed late if it is possible to do
so without incurring additional expense or delay. We may change these
special conditions based on the comments we receive.

Background and Discussion

    On January 13, 2014, Sikorsky Aircraft Corporation applied for a
change to Type Certificate (TC) No. H1NE to install an optional SAR
AFCS in the Model S-76D helicopter. The S-76D is a transport category
helicopter certificated to Category A and Category B requirements, and
instrument flight certificated under the requirements of Appendix B to
14 CFR part 29, Amendment 29-52.
    There is a need to use dedicated AFCS upper modes, in which a fully
coupled autopilot provides operational SAR profiles, for SAR operations
conducted over water in offshore areas clear of obstructions. The SAR
modes enable the helicopter pilot to fly fully coupled maneuvers, to
include predefined search patterns during cruise flight, and to
transition from cruise flight to a stabilized hover and departure
(transition from hover to cruise flight). The SAR AFCS also includes an
auxiliary crew control that allows another crewmember (such as a hoist
operator) to have limited authority to control the helicopter's
longitudinal and lateral position during hover operations.
    Flight operations conducted over water at night may have an
extremely limited visual horizon with little visual reference to the
surface even when conducted under Visual Meteorological Conditions.
Consequently, the certification requirements for SAR modes are
considered equivalent to operating under Instrument Meteorological
Conditions, and therefore must meet the criteria in Appendix B to 14
CFR part 29. While this Appendix prescribes airworthiness criteria for
instrument flight, it does not consider operations below instrument
flight minimum speed (VMINI), whereas the SAR modes allow
for coupled operations at low speed, all-azimuth flight to zero
airspeed (hover).
    Since SAR operations have traditionally been a public use mission,
the use of SAR modes in civil operations requires special airworthiness
standards (special conditions) to maintain a level of safety consistent
with Category B and Instrument Flight Rule (IFR) certification. In this
regard, 14 CFR part 29 lacks adequate airworthiness standards for AFCS
SAR mode certification to include flight characteristics, performance,
and installed equipment and systems. These special conditions do not
require guaranteed departure from a hover following an engine failure.
Therefore, designs that apply these special conditions are prohibited
from conducting external load operations requiring one engine
inoperative hover capability. In addition, these special conditions do
not address the 14 CFR 29.865 requirements for the carriage of human
external cargo.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Sikorsky must show that the
S-76D model helicopter, as changed, continues to meet either the
applicable provisions of the regulations incorporated by reference in
TC No.

H1NE or the applicable regulations in effect on the date of application
for the change, depending on the significance of the change as defined
by 14 CFR 21.101. The regulations incorporated by reference in the TC
are commonly referred to as the ``original type certification basis.''
The regulations incorporated by reference in H1NE are as follows:
    (a) 14 CFR 29.391, 29.561(b)(c), 29.625, 29.671, 29.785, 29.967,
29.973 at amendment 29-0.
    (b) 14 CFR 29.927 at 29-3.
    (c) 14 CFR 29.307 at amendment 29-4 (all but main rotor and tail
blades).
    (d) 14 CFR 29.787, 29.865 at amendment 29-12 (does not meet the 29-
43 requirements for Human External Cargo).
    (e) 14 CFR 29.908 at amendment 29-13.
    (f) 14 CFR 29.1309 at amendment 29-14 (all but new avionics, AFCS,
and Electrical Power Generation and Distribution System).
    (g) 14 CFR 29.571 at amendment 29-20 (all but main and tail rotor
blades only).
    (h) 14 CFR 29.1 at amendment 29-21.
    (i) 14 CFR 29.923(c)-(o), 29.963, 29.975 at amendment 29-26.
    (j) 14 CFR 29.561(c) at amendment 29-29 (for engine installation
only).
    (k) 14 CFR 29.923(a)(b1)(b3) at amendment 29-34.
    (l) 14 CFR part 29 through Amendment 29-52 as follows: 29.2, 29.21,
29.25, 29.27, 29.29, 29.31, 29.33, 29.45, 29.49, 29.51, 29.53, 29.55,
29.59, 29.60, 29.61, 29.62, 29.63, 29.64, 29.65, 29.67, 29.71, 29.73,
29.75, 29.77, 29.79, 29.81, 29.83, 29.85, 29.87, 29.141, 29.143,
29.151, 29.161, 29.171, 29.173, 29.175, 29.177, 29.181, 29.231, 29.235,
29.239, 29.241, 29.251, 29.301, 29.303, 29.305, 29.307 (main and tail
rotor blades only), 29.309, 29.321, 29.337, 29.339, 29.341, 29.351,
29.361, 29.395, 29.397, 29.399, 29.401, 29.403, 49.411, 29.413, 29.471,
29.473, 29.475, 29.477, 29.479, 29.481, 29.483, 29.485, 29.493, 29.547,
29.549, 29.551, 29.561(a)(d), 29.563, 29.571 (main and tail rotor
blades only), 29.601, 29.602, 29.603, 29.605, 29.607, 29.609, 29.610,
29.611, 29.613, 29.619, 29.621, 29.623, 29.629, 29.653, 29.659, 29.661,
29.663, 29.672, 29.673, 29.674, 29.675, 29.681, 29.683, 29.685, 29.687,
29.691, 29.695, 29.723, 29.725, 29.727, 29.729, 29.731, 29.733, 29.735,
29.771, 29.773, 29.775, 29.777, 29.779, 29.783, 29.801, 29.803, 29.805,
29.807, 29.809, 29.811, 29.812(a)(c)(d)(e)(f), 29.813(c)(2), 29.831,
29.851, 29.853, 29.855, 29.861, 29.863, 29.871, 29.873, 29.877, 29.901,
29.903, 29.907, 29.917, 29.921, 29.931, 29.939, 29.951, 29.953, 29.954,
29.955, 29.959, 29.961, 29.965, 29.969, 29.971, 29.977, 29.993, 29.995,
29.997, 29.999, 29.1011, 29.1013, 29.1015, 29.1017, 29.1019, 29.1021,
29.1023, 29.1027, 29.1041, 29.1043, 29.1045, 29.1047, 29.1049, 29.1091,
29.1093, 29.1103, 29.1121, 29.1123, 29.1141, 29.1143, 29.1145, 29.1151,
29.1163, 29.1165, 29.1181, 29.1183, 29.1185, 29.1187, 29.1189, 29.1191,
29.1193, 29.1194, 29.1195, 29.1197, 29.1199, 29.1201, 29.1203, 29.1301,
19.1303, 29.1305, 29.1307, 29.1309 (new avionics, AFCS, and Electrical
Power Generation and Distribution System only), 29.1317, 29.1321,
29.1322, 29.1323, 29.1325, 29.1327, 29.1329, 29.1331, 29.1333, 29.1335,
29.1337, 29.1351, 29.1353, 29.1355, 29.1357, 29.1359, 29.1363, 29.1381,
29.1383, 29.1385, 29.1387, 29.1389, 29.1391, 29.1393, 29.1395, 29.1397,
29.1401. 29.1411, 29.1413, 29.1415, 29.1431, 29.1435, 29.1457, 29.1459,
29.1461, 29.1501, 29.1503, 29.1505, 29.1509, 29.1517, 29.1519, 29.1521,
29.1523, 29.1525, 29.1527, 29.1529, 29.1541, 29.1543, 29.1545, 29.1547,
29.1549, 29.1551, 29.1553, 29.1555, 29.1557, 29.1559, 29.1561, 29.1565,
29.1581, 29.1583, 29.1585, 29.1587, 29.1589, A29.1, A29.2, A29.3,
A29.4, B29.1, B29.2, B29.3, B29.4, B29.5, B29.6, B29.7, B29.8, B29.9,
C29.1, E29.1.
    (m) 14 CFR part 29 Not Adopted: 29.427, 29.497, 29.501, 29.505,
59.511, 29.519, 29.521, 29.562, 29.631, 29.679, 29.737, 29.751, 29.753,
29.755, 29.757, 29.812(b), 29.815, 29.833, 29.859, 29.935, 29.952,
29.957, 29.979, 29.991, 29.1001, 29.1025, 29.1101, 29.1105, 29.1107,
29.1109, 29.1125, 29.1142, 29.1147, 29.1157, 29.1159, 29.1399, 29.1419,
29.1433, 29.1439, 29.1522, D29.1.
    (m) 14 CFR part 36 through Amendment 36-28 as follows: 36.801,
36.803, 36.805, H36.1-H36.305.
    (n) Special Conditions No. 29-004-SC (Docket No. SW004), dated June
17, 1998.
    (o) Equivalent Level of Safety Findings:
    (1) Number TD1509BO-R-S-1 for 14 CFR 29.1401(d) at amendment 29-11;
Anticollision light system installed in accordance with Sikorsky
Drawing 33776-92603.
    (2) Number AT01847BO-R-P-1 for 14 CFR 29.1305 at amendment 29-40
and 14 CFR 29.1549 at amendment 29-34; Use of a Power Limit Indicator
(PLI) as the primary means for indicating/setting power.
    (p) Ditching: If emergency floatation gear, P/N 33776-92709, is
installed, then compliance has also been shown to Amendment 29-52 of
29.563, 29.801(b), (c), (d) and (e) and 29.807(b) and (d). For
overwater operations, compliance with the operating rules and 29.1411,
29.1415, and 26.1561 must be shown.

 Regulatory Basis for Special Conditions

    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 29) do not contain adequate or
appropriate safety standards for the Sikorsky Model S-76D because of a
novel or unusual design feature, special conditions are prescribed
under Sec.  21.16.
    The FAA issues special conditions, as defined in Sec.  11.19, under
Sec.  11.38, and they become part of the type certification basis under
Sec.  21.101.
    Special conditions are initially applicable to the model for which
they are issued. Should the TC for that model be amended later to
include any other model that incorporates the same novel or unusual
design feature, or should any other model already included on the same
TC be modified to incorporate the same novel or unusual design feature,
the special conditions would also apply to the other model.

Novel or Unusual Design Features

    The Sikorsky Model S-76D will incorporate the following novel or
unusual design features.
    The SAR system is composed of a navigation computer with SAR modes,
an AFCS that provides coupled SAR functions, hoist operator control, a
hover speed reference system, and two radio altimeters. The AFSC
coupled SAR functions include:
    (a) Hover hold at selected height above the surface.
    (b) Ground speed hold.
    (c) Transition down and hover to a waypoint under guidance from the
navigation computer.
    (d) SAR pattern, transition down, and hover near a target over
which the helicopter has flown.
    (e) Transition up, climb, and capture a cruise height.
    (f) Capture and track SAR search patterns generated by the
navigation computer.
    (g) Monitor the preselected hover height with automatic increase in
collective if the aircraft height drops below the safe minimum height.
    These SAR modes are intended to be used over large bodies of water
in areas clear of obstructions. Further, use of the modes that
transition down from cruise to hover will include operation at
airspeeds below VMINI.
    The SAR system only entails navigation, flight control, and coupled
AFCS operation of the helicopter. The system does not include
additional equipment that may be required for over

water flight or external loads to meet other operational requirements.

Applicability

    These special conditions apply to the Sikorsky Model S-76D
helicopter. Should Sikorsky apply at a later date for a change to the
type certificate to include another model incorporating the same novel
or unusual design feature, the special conditions would apply to that
model as well under the provisions of Sec.  21.101(d).

Conclusion

    This action affects only certain novel or unusual design features
on one model (i.e., S-76D) of helicopter. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 29

    Aircraft, Aviation safety.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Sikorsky Aircraft Corporation Model S-
76D helicopters when the optional Search and Rescue (SAR) Automatic
Flight Control System (AFCS) is installed.
    In addition to the 14 CFR part 29 certification requirements for
helicopter instrument flight (Appendix B), the following additional
requirements must be met for certification of the SAR AFCS:
    (a) SAR Flight Modes. The coupled SAR flight modes must provide:
    (1) Safe and controlled flight in three axes (lateral and
longitudinal position/speed and height/vertical speed) at all airspeeds
from instrument flight minimum speed (VMINI) to a hover within the
maximum demonstrated wind envelope.
    (2) Automatic transition to the helicopter instrument flight
(Appendix B) envelope as part of the normal SAR mode sequencing.
    (3) A pilot-selectable Go-Around mode that safely interrupts any
other coupled mode and automatically transitions the helicopter to the
instrument flight (Appendix B) envelope.
    (4) A means to prevent unintended flight below a safe minimum
height. Pilot-commanded descent below the safe minimum height is
acceptable provided the alerting requirements in paragraph (b)(7)(i) of
these Special Conditions alert the pilot of this descent below safe
minimum height.
    (b) SAR Mode System Architecture. To support the integrity of the
SAR modes, the following system architecture is required:
    (1) A system for limiting the engine power demanded by the AFCS
when any of the automatic piloting modes are engaged, so full authority
digital engine control power limitations, such as torque and
temperature, are not exceeded.
    (2) A system providing the aircraft height above the surface and
final pilot-selected height at a location on the instrument panel in a
position acceptable to the FAA that will make it plainly visible to and
usable by any pilot at their station.
    (3) A system providing the aircraft heading and the pilot-selected
heading at a location on the instrument panel in a position acceptable
to the FAA that will make it plainly visible to and usable by any pilot
at their station.
    (4) A system providing the aircraft longitudinal and lateral ground
speeds and the pilot-selected longitudinal and lateral ground speeds
when used by the AFCS in the flight envelope where airspeed indications
become unreliable. This information must be presented at a location on
the instrument panel in a position acceptable to the FAA that is
plainly visible to and usable by any pilot at their station.
    (5) A system providing wind speed and wind direction when automatic
piloting modes are engaged or transitioning from one mode to another.
    (6) A system that monitors for flight guidance deviations and
failures and contains an alerting function that provides the flight
crew with enough information to take appropriate corrective action.
    (7) An alerting system that provides visual or aural alerts, or
both, to the flight crew under any of the following conditions:
    (i) When the stored or pilot-selected safe minimum height is
reached.
    (ii) When a SAR mode system malfunction occurs.
    (iii) When the AFCS changes modes automatically from one SAR mode
to another. For normal transitions from one SAR mode to another, a
single visual or aural alert may suffice. For a SAR mode malfunction or
a mode having a time-critical component, the flight crew alerting
system must activate early enough to allow the flight crew to take
timely and appropriate action. The alerting system means must be
designed to alert the flight crew in order to minimize crew errors that
could create an additional hazard.
    (8) The SAR system hoist operator control is considered a flight
control with limited authority and must comply with the following:
    (i) The hoist operator control must be designed and located to
provide for convenient operation and to prevent confusion and
inadvertent operation.
    (ii) The helicopter must be safely controllable by the hoist
operator control throughout the range of that control.
    (iii) The hoist operator control may not interfere with the safe
operation of the helicopter.
    (iv) Pilot and copilot flight controls must be able to smoothly
override the limited control authority of the hoist operator control,
without exceptional piloting skill, alertness, or strength, and without
the danger of exceeding any other limitation because of the override.
    (9) The reliability of the AFCS must be related to the effects of
its failure. The occurrence of any failure condition that would prevent
continued safe flight and landing must be extremely improbable. For any
failure condition of the AFCS which is not shown to be extremely
improbable:
    (i) The helicopter must be safely controllable and capable of
continued safe flight without exceptional piloting skill, alertness, or
strength. Additional unrelated probable failures affecting the control
system must be evaluated.
    (ii) The AFCS must be designed so that it cannot create a hazardous
deviation in the flight path or produce hazardous loads on the
helicopter during normal operation or in the event of a malfunction or
failure, assuming corrective action begins within an appropriate period
of time. Where multiple systems are installed, subsequent malfunction
conditions must be evaluated in sequence unless their occurrence is
shown to be improbable.
    (10) A functional hazard assessment and a system safety assessment
must address the failure conditions associated with SAR operations.
    (i) For SAR catastrophic failure conditions, changes may be
required to the following:
    (A) System architecture.
    (B) Software and complex electronic hardware design assurance
levels.
    (C) High Intensity Radiated Field (HIRF) test levels.
    (D) Instructions for continued airworthiness.
    (ii) The assessments must consider all the systems required for SAR
operations, including the AFCS, all associated AFCS sensors (for
example, radio altimeter), and primary flight displays. Electrical and
electronic

systems with SAR catastrophic failure conditions (for example, AFCS)
must comply with the Sec.  29.1317(a)(4) HIRF requirements.
    (c) SAR Mode Performance Requirements.
    (1) The SAR modes must be demonstrated for the requested flight
envelope, including the following minimum sea-state and wind
conditions:
    (i) Sea State: Wave height of 2.5 meters (8.2 feet), considering
both short and long swells. This is in addition to the Sea State
demonstrated in reference to the airframe's ditching capability.
    (ii) Wind: 25 knots headwind, 17 knots for all other azimuths.
    (2) The selected hover height and hover velocity must be captured
(including the transition from one captured mode to another captured
mode) accurately and smoothly and not exhibit any significant overshoot
or oscillation.
    (3) The minimum use height (MUH) for the SAR modes must be no more
than the maximum loss of height following any single failure or any
combination of failures not shown to be extremely improbable, plus an
additional margin of 15 feet above the surface. MUH is the minimum
height at which any SAR AFCS mode may be engaged.
    (4) The SAR mode system must be usable up to the maximum certified
gross weight of the aircraft or to the lower of the following weights:
    (i) Maximum emergency flotation weight.
    (ii) Maximum hover Out-of-Ground Effect (OGE) weight.
    (iii) Maximum demonstrated weight.
    (d) Flight Characteristics.
    (1) The basic aircraft must meet all of the 14 CFR part 29
airworthiness criteria for helicopter instrument flight (Appendix B).
    (2) For SAR mode coupled flight below VMINI, at the
maximum demonstrated winds, the helicopter must be able to maintain any
required flight condition and make a smooth transition from any flight
condition to any other flight condition without requiring exceptional
piloting skill, alertness, or strength, and without exceeding the limit
load factor. This requirement also includes aircraft control through
the hoist operator's control.
    (3) For SAR modes at airspeeds below VMINI, the
following requirements of Appendix B to part 29 must be met and will be
used as an extension to the IFR certification envelope of the basic
aircraft:
    (i) Static Longitudinal Stability: the requirements of paragraph IV
of Appendix B are not applicable.
    (ii) Static Lateral-Directional Stability: The requirements of
paragraph V of Appendix B are not applicable.
    (iii) Dynamic Stability: The requirements of paragraph VI of
Appendix B are replaced with the following two paragraphs:
    (A) Any oscillation must be damped and any aperiodic response must
not double in amplitude in less than 10 seconds. This requirement must
also be met with degraded upper modes of the AFCS. An ``upper mode'' is
a mode that utilizes a fully coupled autopilot to provide an
operational SAR profile.
    (B) After any upset, the AFCS must return the aircraft to the last
commanded position within 10 seconds or less.
    (4) With any of the upper modes of the AFCS engaged, the pilot must
be able to manually recover the aircraft and transition to the normal
(Appendix B) IFR flight profile envelope without exceptional skill,
alertness, or strength.
    (e) One-Engine Inoperative (OEI) Performance Information.
    The following performance information must be provided in the
Rotorcraft Flight Manual Supplement (RFMS). OEI performance information
and emergency procedures, providing the maximum weight that will
provide a safe landing (or ditching) or the ability to fly away
following failure of the critical engine in a hover. The maximum weight
must be presented as a function of the hover height for the temperature
and pressure altitude range requested for certification. The effects of
wind must be reflected in the hover performance information. These OEI
performance requirements do not replace performance requirements that
may be needed to comply with the airworthiness or operational standards
(Sec.  29.865 or 14 CFR part 133) for external loads or human external
cargo.
    (f) RFMS.
    (1) The RFMS must contain, at a minimum:
    (i) Limitations necessary for safe operation of the SAR system,
including:
    (A) Minimum crew requirements. No fewer than 2 pilots, except for
approved external load operations that will also require a hoist
operator.
    (B) Maximum SAR weight as determined by the lower of the SAR Mode
performance requirement of paragraph (c)(4) of these Special Conditions
or the aircraft performance information provided by paragraph (e) of
these Special Conditions.
    (C) Maximum demonstrated sea state conditions for ditching
compliance.
    (D) Engagement criteria for each of the SAR modes to include MUH,
as determined in paragraph (c)(3) of these Special Conditions.
    (E) The prohibition of external load operations requiring OEI hover
capability.
    (ii) Normal and emergency procedures for operation of the SAR
system (including operation of the hoist operator control), with AFCS
failure modes, AFCS degraded modes, and engine failures.
    (iii) Performance information:
    (A) OEI performance and height-loss.
    (B) Hover OGE performance information, utilizing OEI continuous and
time-limited power ratings.
    (C) The maximum wind envelope demonstrated in flight test.
    (D) Information and/or advisory information concerning operations
in a heavy salt spray environment, including any airframe or power
effects as a result of salt encrustation.
    (g) Flight Demonstration.
    (1) Before approval of the SAR system, an acceptable flight
demonstration of all the coupled SAR modes is required.
    (2) The AFCS must provide fail-safe operations during coupled
maneuvers. The demonstration of fail-safe operations must include a
pilot workload assessment associated with manually flying the aircraft
to an altitude greater than 200 feet above the surface and an airspeed
of at least the best rate of climb airspeed (Vy).
    (3) For any failure condition of the SAR system not shown to be
extremely improbable, the pilot must be able to make a smooth
transition from one flight mode to another without exceptional piloting
skill, alertness, or strength.
    (4) Failure conditions that are not shown to be extremely
improbable must be demonstrated by analysis, ground testing, or flight
testing. For failures demonstrated in flight, the following normal
pilot recovery times are acceptable:
    (i) Transition modes (Cruise-to-Hover/Hover-to-Cruise) and Hover
modes: Normal pilot recognition plus 1 second.
    (ii) Cruise modes: Normal pilot recognition plus 3 seconds.
    (5) All AFCS malfunctions must include evaluation at the low-speed
and high-power flight conditions typical of SAR operations.
Additionally, AFCS hard-over, slow-over, and oscillatory malfunctions,
particularly in yaw, require evaluation. AFCS malfunction testing must
include a single or a combination of failures (such as erroneous data
from and loss of the radio altimeter, attitude, heading, and

altitude sensors) that are not shown to be extremely improbable.
    (6) The flight demonstration must include the following
environmental conditions:
    (i) Swell into wind.
    (ii) Swell and wind from different directions.
    (iii) Cross swell.
    (iv) Swell of different lengths (short and long swell).
    (7) The flight demonstration must also evaluate OEI procedures from
hover while hoisting an external load.

    Issued in Fort Worth, Texas, on December 9, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2014-29594 Filed 12-17-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39610-39613]
[FR Doc No: 2013-15828]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0059]
RIN 1625-AA00

Safety Zone; Big Bay Boom, San Diego Bay; San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four temporary safety zones
upon the navigable waters of the San Diego Bay for the annual Port of
San Diego Fourth of July Big Bay Boom Fireworks display on the evening
of July 4, 2013. These temporary safety zones are necessary to provide
for the safety of the crew, spectators, and other users and vessels of
the waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within these temporary safety zones
unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8:45 p.m. to 10 p.m. on July 4,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0059. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Bannon, Chief of Waterways, U.S. Coast
Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule after
publishing a Notice of Proposed Rulemaking (NPRM) on May 20, 2013 (78
FR 29289). The Coast Guard received no comments on that NPRM and as
such, no changes have been made to this safety zone.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is impracticable and
contrary to the public interest. The Coast Guard did not have the
necessary event information about this fireworks display in time to
provide both a comment period and allow for a 30 day delayed effective
date. The Coast Guard was able to take comments on this safety zone
prior to publication and enforcement. Immediate action is required to
ensure the safety zone is in place to protect participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway during the event.

B. Basis and Purpose

    The Ports and Waterways Safety Act gives the Coast Guard authority
to create and enforce safety zones. The Coast Guard is establishing
four temporary safety zones on the navigable waters of the San Diego
Bay for the Fourth of July Big Bay Boom. This event will occur between
8:45 p.m. and 10 p.m. on July 4, 2013. The safety zones will include
all navigable waters within 1,000 feet of each tug and barge. The tugs
and barges will be located in the following approximate positions:

Shelter Island Barge: 32[deg]42.8' N, 117[deg]13.2' W
Harbor Island Barge: 32[deg]43.3' N, 117[deg]12.0' W
Embarcadero Barge: 32[deg]42.9' N, 117[deg]10.8' W
Seaport Village Barge: 32[deg]42.2' N, 117[deg]10.0' W

    These temporary safety zones are necessary to provide for the
safety of the crew, spectators, and participants of the event,
participating vessels, and other vessels and users of the waterway.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received 0 comments on the NPRM for this rule and
as such, no changes have been made to the final rule.
    The Coast Guard is establishing safety zones that will be enforced
from 8:45 p.m. until 10 p.m. on July 4, 2013. These safety zones are
necessary to provide for the safety of the crews, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels would be prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative. The temporary safety zones
include a portion of waters in the San Diego Bay.
    Before the effective period, the Coast Guard will publish a Coast
Guard District Eleven Local Notice to Mariners information on the event
and associated safety zones. Immediately before and during the
fireworks display, Coast Guard Sector San Diego Joint Harbor Operations
Center will issue Broadcast Notice to Mariners on the location and
enforcement of the safety zones.
    Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zones with the permission of
the Captain of the Port or the designated representative. Before
activating the zones, the Coast Guard will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size, duration and location of the safety zones. The
safety zones are relatively small in size, less than half a mile
across, and short in duration, 75 minutes long. Although the safety
zones would apply to multiple parts of San Diego Bay, traffic would be
allowed to pass through the zone with the permission of the Captain of
the Port. Additionally, before the effective period, the Coast Guard
will publish a Local Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: the owners or operators of vessels intending to
transit or anchor in specified portions of San Diego Bay from 8:45 p.m.
to 10 p.m. on July 4, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
safety zone will only be in effect for one hour and fifteen minutes
late in the evening when vessel traffic is low. Vessel traffic can
transit safely around the safety zones while the zones are in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T11-548 to read as follows:

Sec.  165.T11-548  Safety Zone; Big Bay Boom, San Diego Bay; San Diego,
CA.

    (a) Location. This rule establishes four temporary safety zones.
The safety zones will include all navigable waters within 1,000 feet
each tug and barge site. The tug and barge sites will be located in the
following approximate positions:

Shelter Island Barge: 32[deg]42.8' N, 117[deg]13.2' W
Harbor Island Barge: 32[deg]43.3' N, 117[deg]12.0' W
Embarcadero Barge: 32[deg]42.9' N, 117[deg]10.8' W
Seaport Village Barge: 32[deg]42.2' N, 117[deg]10.0' W

    (b) Enforcement Period. This section will be enforced from 8:45
p.m. to 10 p.m. on July 4, 2013. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement

vessels who have been authorized to act on the behalf of the Captain of
the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: June 21, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-15828 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Pages 43038-43039]
[FR Doc No: 2014-17361]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-520-000]

WBI Energy Transmission, Inc.; Notice of Request Under Blanket
Authorization

    Take notice that on July 10, 2014, WBI Energy Transmission, Inc.,
(WBI Energy), 1250 West Century Avenue, Bismarck, North Dakota 58503
filed in Docket No. CP14-520-000, a prior notice request pursuant to
sections 157.205(b) and 157.208(f)(2) of the Commission's regulations
under the Natural Gas Act for authorization to increase the Maximum
Allowable Operating Pressure (MAOP) of two segments of its 12''
diameter Red and Yellow mainlines from 512 pounds per square inch
(psig) and 500 psig to 720 psig in Park County, Wyoming and Carbon
County, Montana. The MAOP increase will allow for an increase of 4,000
thousand cubic feet per day (Mcf/d) in firm transportation of WBI
Energy's to existing delivery locations on its Line Section 22, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web 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 at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this Application should be directed to
Keith A. Tiggelaar, Director of Regulatory Affairs, WBI Energy
Transmission, Inc. P.O. Box 5601, Bismarck, North Dakota 58506-5601, or
by calling<PHONE_NUMBER>, or by email<EMAIL_ADDRESS>and Brain D. O'Neill, Van Ness Feldman, L.L.P., 1050 Thomas Jefferson
Street NW., Seventh Floor, Washington, DC 20007-3877, or by calling
(202) 298-1983, or by email<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of

Schedule for Environmental Review is issued, it will indicate, among
other milestones, the anticipated date for the Commission staff's
issuance of the final environmental impact statement (FEIS) or EA for
this proposal. The filing of the EA in the Commission's public record
for this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with he Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: July 17, 2014.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2014-17361 Filed 7-23-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Page 34093]
[FR Doc No: 2013-13399]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1372-000]

California Independent System Operator Corporation; Notice of
FERC Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that on the following date members of its staff will participate
in teleconferences and meetings to be conducted by the California
Independent System Operator (CAISO). The agenda and other documents for
the teleconferences and meetings are available on the CAISO's Web site,
www.caiso.com.
    June 6, 2013--Energy Imbalance Market.
    Sponsored by the CAISO, the teleconferences and meetings are open
to all market participants and staff's attendance is part of the
Commission's ongoing outreach efforts. The teleconferences and meetings
may discuss matters at issue in the above captioned docket.
    For further information, contact Saeed Farrokhpay at
<EMAIL_ADDRESS>(916) 294-0322 or Maury Kruth at
<EMAIL_ADDRESS>(916) 294-0275.

    Dated: May 30, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-13399 Filed 6-5-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Page 12094]
[FR Doc No: 2016-05094]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-1051-000]

Graphic Packaging International Inc.; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Graphic Packaging International Inc.'s application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 22, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: March 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-05094 Filed 3-7-16; 8:45 am]
 BILLING CODE 6717-01-P