[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86125-86127]
[FR Doc No: 2023-27226]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3240-040, Project No. 6689-018, Project No. 3342-025]

Briar Hydro Associates, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric applications have been
filed with the Commission and is available for public inspection.
    a. Type of Applications: New License.
    b. Project Nos.: P-3240-040, P-6689-018, and P-3342-025.
    c. Date Filed: November 30, 2022.
    d. Applicant: Briar Hydro Associates, LLC.
    e. Names of Projects: Rolfe Canal Hydroelectric Project, Penacook
Upper Falls Hydroelectric Project, and Penacook Lower Falls
Hydroelectric Project (the projects).
    f. Locations: The Rolfe Canal and the Penacook Upper Falls Projects
are on the Contoocook River in the City of Concord in Merrimack County,
New Hampshire. The Penacook Lower Falls Project is located on the on
the Contoocook River in the Town of Boscawen in Merrimack County, New
Hampshire.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Andrew J. Locke, Essex Hydro Associates, LLC,
55 Union Street, Boston, MA 02108;<PHONE_NUMBER>; email_
[email protected].
    i. FERC Contact: Jeanne Edwards at<PHONE_NUMBER>; or email at
[email protected].
    j. Deadline for filing scoping comments: January 5, 2024.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
MD 20852. All filings must clearly identify the following on the first
page: Rolfe Canal Project No. 3240-040, and/or Penacook Upper Falls
Project No. 6689-018, and/or the Penacook Lower Falls Project No. 3342-
025.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The applications are not ready for environmental analysis at
this time.
    l. Project Descriptions:
    The Rolfe Canal Project diverts water at the York Dam into the
Rolfe Canal and consists of the following existing facilities: (1) York
impoundment with a surface area of 50-acres, at an elevation of 342.5
feet National Geodetic Vertical Datum 1929 (NGVD29); (2) a 300-foot-
long, 10-foot-high diversion dam (York Dam); (3) a 50-foot-wide
concrete gated intake structure; (4) a 7,000-foot-long, 75-foot-wide,
and 9-foot-deep power canal; (5) an additional impoundment with a
surface area of 3-acres, at an elevation of 342.5 feet NGVD29, and a
negligible storage capacity, created by a 130-foot-long, 17-foot-high
granite block intake dam at the end of the power canal; (6) a 950-foot-
long underground penstock; (7) a 32-foot-wide by 90-foot-long, concrete
powerhouse containing one Kaplan turbine-generating unit with a
capacity of 4.285 megawatts; (8) a 1,200-foot-long tailrace; (9)
transmission facilities consisting of a three-phase 4.16/34.5-kilovolt
(kV) transformer; and a 34.5-kV, 650-foot-long transmission line; and
(10) other appurtenances. The project has a 4,000-foot-long York Dam
bypassed reach and a 2,400-foor-long Rolfe Canal bypassed reach.\1\
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    \1\ In the Final License Application, Briar Hydro refers to the
portion of the Rolfe Canal below the penstock intake dam as the
``historic channel''. Staff refers to this reach as the Rolfe Canal
bypassed reach.
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    The Rolfe Canal Project recreation facilities include: (1) a boat
launch, located about 2,200 feet upstream of the York Dam; and (2) an
unpaved parking area near the launch, which provides 7 parking spaces
with additional parking space for vehicles with trailers situated along
the boat launch access road.

    The Penacook Upper Falls Project consists of the following existing
facilities: (1) an impoundment with a surface area of 11.4-acres at an
elevation of 306.0 feet NGVD29; (2) a 21-foot-high, 187-foot-long
timber stoplog dam with a gated concrete spillway; (3) a 58-foot-wide,
15-foot-long forebay; (4) a 12.5-foot-wide, 39.3-foot-high trashrack,
with 3.5-inch clear bar spacing; (5) a 44-foot-wide by 81-foot-long,
concrete powerhouse, integral to the dam containing one Kaplan turbine
generating unit with a capacity of 3.02 megawatts; (6) a 350-foot-long,
47-foot-wide tailrace; (7) transmission facilities consisting of a
4.16/34.5- kilovolt (kV) transformer and a 50-foot-long, 34.5-kV
transmission line; and (8) other appurtenances.
    The Upper Falls Project recreation facilities include a public park
(Penacook Downtown River Park or Riverside Park) located 730 feet
upstream from the dam on the east side of the impoundment. It was
originally developed by Briar Hydro and the City of Concord. The park
includes an amphitheater, which abuts and overlooks the impoundment.
The park, which is operated and maintained by the City of Concord, is a
non-project amenity.
    The Penacook Lower Falls Project consists of the following existing
facilities: (1) an impoundment with a surface area of 8.4-acres at an
elevation of 278.6 feet NGVD29; (2) a concrete dam with a 15-foot-long,
70-foot-wide forebay; a 106-foot-long, gated spillway, a 316-foot-long
auxiliary spillway; and a 140-foot-long, gated diversion structure; (3)
a 23.3-foot-long, 46.1-foot-high trash rack with a 3.625-inch clear
spacing; (4) a 35-foot-wide by 97.5-foot-long concrete powerhouse,
integral with the spillway, containing one Kaplan style turbine-
generator unit with a capacity of 4.6 megawatts; (5) a 700-foot-long,
45-foot wide tailrace; (6) transmission facilities consisting of a
4.16/34.5 kilovolt (kV) transformer and 200-foot-long, 34.5-kV
transmission line; and (7) other appurtenances.
    The Lower Falls Project recreation facilities include: (1) a boat
launch, located about 1,000 feet downstream of the Lower Falls
powerhouse on the southern bank of the Contoocook River; and (2) an
unpaved parking area near the boat launch for up to 20 vehicles, with a
vehicle turnaround area.
    As required by their current licenses, the Rolfe Canal, Upper
Penacook Falls, and Lower Penacook Falls Projects operate in run-of-
river mode. When flows exceed the combined capacity of the projects'
turbines, excess flows are passed over the dam spillways. To enhance
downstream eel passage at the projects, Briar Hydro conducts nightly
shutdowns of the generating facilities for three nights after any rain
event of 0.25 inches or more within a 24-hour period: (1) during the
downstream eel migrating season (August 15 through November 1); or (2)
whenever the Contoocook River drops to a water temperature of 50
degrees Fahrenheit ([deg]F), whichever occurs first.
    At the Rolf Canal Project, the current license requires the release
of a continuous minimum flow of 5 cubic feet per second (cfs) below the
penstock intake dam (Rolfe Canal bypassed reach), and a continuous
minimum flow of 50 cfs to the York bypassed reach.
    At the Upper Falls Project, the current license requires the
project to operate the existing upstream passage eel lift, annually,
from June 1 through September 15,\2\ and operate the existing
downstream salmon fish passage, annually, to pass Atlantic salmon
through a converted spillway bay leading to a fish sluice discharged
into the tailrace.\3\
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    \2\ The existing upstream eel lift at the Upper Falls Project is
located on the west side of the spillway. Migrant eels are lifted
upstream in the bypassed reach to a tank where they are collected,
weighed, counted, and measured before being transferred to the head
pond.
    \3\ Currently, the existing downstream fish passage for Atlantic
salmon is not in use at the Upper Falls Project. In 2013, the FWS
ended its participation in the Merrimack River Salmon Restoration
Program and stocking efforts of Atlantic salmon in New Hampshire, as
the Central New England District Populating Segment of Atlantic
salmon is considered extirpated (65 FR 69,459-69,483 [November 17,
2000]). The existing downstream salmon fish passage at the Upper
Falls Project is located a spillway bay west of the powerhouse.
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    At the Lower Falls Project, the current license requires the
project to operate the existing downstream salmon fish passage,
annually, to pass Atlantic salmon to a converted spillway bay leading
to a series of plunge pools discharged into the tailrace.\4\
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    \4\ The existing downstream fish passage for Atlantic salmon at
the Lower Falls Project is located on the west end of the spillway
in a modified spillway bay, adjacent to the powerhouse and is not in
use as discussed.
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    Briar Hydro proposes to operate the projects with the following
environmental measures: (1) continue a run-of-river operation at the
projects; (2) install a new 0.75-inch clear-space screen over the
existing trash racks at the project turbine intakes (i) from August 15
through November 15,\5\ (ii) from May 15 through July 15, beginning
after a trap-and-haul fish passage program is established at the Lower
Falls Project, to prevent entrainment of outmigrating American shad,
alewife, and blueback herring (alosines, collectively), (iii) whenever
water temperatures in the Contoocook River drop to 50[deg]F, and (iv)
from August 15 through November 15, discontinue night-time shutdowns at
the projects once the new 0.75-inch overlays are installed; (3) operate
the project intakes so the average approach velocity would not exceed 2
feet per second when the new 0.75-inch overlays are installed; (4)
construct a new downstream fish passage at the Rolfe Canal and Lower
Falls Projects; (5) provide a minimum flow of 100 cubic feet per second
(cfs) to the York bypassed reach and 30 cfs to the Rolfe Canal bypassed
reach; (6) conduct a feasibility and effectiveness flow study in the
Rolfe Canal bypassed reach; (7) install a new roughed channel eel
ladder, annually, from June 1 through September 15 for upstream eel
passage at the Rolfe Canal and Lower Falls Projects; (8) continue
operating the existing upstream passage eel lift at the Upper Falls
Project; (9) develop a protection plan for brook floater mussels during
planned drawdowns at York Dam; (10) operate the existing downstream
fish passage, annually at the Upper Falls Project, for outmigrating
American eels and alosines from August 15 through November 15 and May
15 through July 15; (11) construct a trap and haul facility for
upstream passage for diadromous fish,\6\ to operate at the Lower Falls
Project from May 1 to June 30, beginning five years after any new
license is issued, and a plan to transport fish from the Lower Falls
Project to the boat ramp at the Rolfe Canal Project; (12) construct a
new bar rack intake support structure for two 0.75-inch clear bar
racks, a new wide-slot bar rack; (13) construct a new surface
downstream bypass system at the Lower Falls Project; and (14) continue
to maintain the boat launch, including the parking area and access road
at the Rolfe Canal and Lower Falls Projects.
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    \5\ Briar Hydro proposes to extend the downstream passage season
for eels to end on November 15 or when water temperatures drop
50[deg]F, whichever comes first.
    \6\ Diadromous fish include American shad, alewife, blueback
herring and American eel.
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    m. Copies of the applications can be viewed on the Commission's
website at https://www.ferc.gov using the ``eLibrary'' link. Enter the
project's docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support.
    You may also register at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, please

contact FERC Online Support at [email protected].
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    n. Scoping Process.
    Pursuant to the National Environmental Policy Act (NEPA),
Commission staff intends to prepare either an environmental assessment
(EA) or an environmental impact statement (EIS) (collectively referred
to as the ``NEPA document'') that describes and evaluates the probable
effects, including an assessment of the site-specific and cumulative
effects, if any, of the proposed action and alternatives. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission issues an EA or an EIS.
    At this time, we do not anticipate holding on-site scoping
meetings. Instead, we are soliciting written comments and suggestions
on the preliminary list of issues and alternatives to be addressed in
the NEPA document, as described in scoping document 1 (SD1), issued
December 6, 2023.
    Copies of the SD1 outlining the proposed project and subject areas
to be addressed in the NEPA document were distributed to the parties on
the Commission's mailing list and the applicant's distribution list.
Copies of SD1 may be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link (see item m above).

    Dated: December 6, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-27226 Filed 12-11-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Notices]
[Page 48350]
[FR Doc No: 2019-19823]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-8769-000]

Logan, Cary J., Jr.; Notice of Filing

    Take notice that on September 6, 2019, Cary J. Logan, Jr. filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b), Part 45
of the Federal Energy Regulatory Commission's (Commission) regulations,
18 CFR part 45 (2019), and Order No. 664, 112 FERC 61,298 (2005).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website 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>.
    Comment Date: 5:00 p.m. Eastern Time on September 27, 2019.

    Dated: September 9, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19823 Filed 9-12-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43641]
[FR Doc No: 2017-19785]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Lehigh Valley International Airport (ABE), Allentown,
Pennsylvania

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of request to release airport property for non-
aeronautical purposes.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land for non-aeronautical purposes at the Lehigh Valley
International Airport (ABE), Allentown, Pennsylvania.

DATES: Comments must be received on or before October 18, 2017.

ADDRESSES: Comments on this application may be mailed or delivered to
the following address: Ryan Meyer, Senior Aviation Planner, Lehigh
Valley International Airport, 3311 Airport Road Allentown, Pennsylvania
18109; and at the FAA Harrisburg Airports District Office: Lori K.
Pagnanelli, Manager, Harrisburg Airports District Office, 3905
Hartzdale Dr., Suite 508, Camp Hill, PA 17011.

FOR FURTHER INFORMATION CONTACT: Rick Harner, Civil Engineer,
Harrisburg Airports District Office, location listed above.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release airport property for non-aeronautical purposes at
the Lehigh Valley International Airport under the provisions of Section
47125(a) of Title 49 U.S.C. On September 6, 2017, the FAA determined
that the request to release airport property for non-aeronautical
purposes at the Lehigh Valley International Airport (ABE),
Pennsylvania, submitted by the Lehigh Northampton Airport Authority
(Authority), met the procedural requirements. Final release of the
property is subject to FAA's NEPA determination made on April 17, 2017.
    The following is a brief overview of the request:
    The Authority requests the release of a portion of airport property
totaling 244.427 acres, which is no longer needed for aeronautical
purposes. Of the total 244.427 acres, 174.887 acres are part of Parcel
H-1, 49.068 acres are part of Parcel V, 16.177 acres are part of Parcel
N-2, and 4.294 acres are part of Parcel X-2. These parcels are located
in Allen Township and were originally included as part of larger
property purchased with federal funds over multiple AIP grants.
    The 244.427 acres requested for non-aeronautical use are to be
released to the Rockefeller Group Development Corporation (Rockefeller
Group), 500 International Drive North, Suite 345, Mt. Olive, NJ 07828.
The property is located in the northwest corner of existing airport
property and is being used for contract farming purposes. The
undeveloped property is located in Allen Township at the intersection
of Willowbrook Road and Race Street. As shown on ABE's approved Airport
Layout Plan, the property does not serve an aeronautical purpose and is
not needed for current or future airport development. The property was
part of an inverse condemnation judgment against the Authority. The
proceeds from the Fair Market Value (FMV) sale of the 244.427 acres of
property will be used for eligible airport development purposes, as
outlined in FAA Order 5190.6B, Airport Compliance Manual.
    Any person may inspect the request by appointment at the FAA office
address listed above. Interested persons are invited to comment on the
proposed release. All comments will be considered by the FAA to the
extent practicable.

    Issued in Camp Hill, Pennsylvania, September 12, 2017.
Lori K. Pagnanelli,
Manager, Harrisburg Airports District Office.
[FR Doc. 2017-19785 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50412-50414]
[FR Doc No: 2013-20153]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0024; FRL 9900-21-OAR]

California State Nonroad Engine Pollution Control Standards;
Amendments to Spark Ignition Marine Engine and Boat Regulations;
Request for Authorization; Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Opportunity for Public Hearing and Comment.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted amendments to the California Spark Ignition Marine
Engine and Boat Regulations (2008 Marine SI Amendments or 2008
Amendments). CARB requested EPA confirmation that some of the 2008
Amendments are within the scope of prior EPA authorizations or
alternatively that EPA grant full authorization for those amendments.
CARB also requested confirmation that additional amendments require and
merit full authorization. This notice announces that EPA has
tentatively scheduled a public hearing and is now accepting written
comment on California's request for authorization of the 2008 Marine SI
Amendments.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on September 16, 2013, at 9 a.m. EPA will hold a hearing only
if any party notifies EPA by September 6, 2013, of their request to
present oral testimony. Parties wishing to present oral testimony at
the public hearing must provide written notice by September 6, 2013 to
Julian Davis at the email address noted below. If EPA receives a
request for a public hearing, that hearing will be held at 1310 L
Street NW., Washington, DC 20005. If EPA does not receive a request for
a public hearing, EPA will not hold a hearing, and instead will
consider CARB's request based on written submissions to the docket. Any
party may submit written comments until October 18, 2013.
    By September 10, 2013, any person who plans to attend the hearing
may check the following Web page for an update, http://www.epa.gov/otaq/cafr.htm, or may call Julian Davis at<PHONE_NUMBER> to learn if a
hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0024, by one of the following methods:
     On-Line at http://www.regulations.gov/: Follow the On-Line
instructions for submitting comments. Direct your comments to Docket ID
No. EPA-HQ-OAR-2013-0024.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2013-0024, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334,1301 Constitution Avenue NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov/, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov/ or
email.
    The http://www.regulations.gov/ Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through http://www.regulations.gov/, your email address will automatically be captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted
by CARB, written comments received from

any interested parties, and any testimony given at the public hearing.
Materials relevant to this proceeding are contained in the Air and
Radiation Docket and Information Center, maintained in Docket ID No.
EPA-HQ-OAR-2013-0024. Publicly available docket materials can be
accessed either electronically through http://www.regulations.gov/ or
in hard copy at the Air and Radiation Docket in the EPA Headquarters
Library, EPA West Building, Room 3334, located at 1301 Constitution
Avenue NW., Washington, DC. The Public Reading Room is open to the
public on all federal government work days from 8:30 a.m. to 4:30 p.m.;
generally, it is open Monday through Friday, excluding holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>. The Air and
Radiation Docket and Information Center's Web site is http://www.epa.gov/oar/docket.html. The electronic mail (email) address for
the Air and Radiation Docket is<EMAIL_ADDRESS>the telephone
number is<PHONE_NUMBER>, and the fax number is<PHONE_NUMBER>. An
electronic version of the public docket is available through the
federal government's electronic public docket and comment system. You
may access EPA dockets at http://www.regulations.gov/. After opening
the http://www.regulations.gov/ Web site, enter EPA-HQ-OAR-2013-0024 in
the ``Enter Keyword or ID'' fill-in box to view documents in the
record. Although a part of the official docket, the public docket does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    EPA's Office of Transportation and Air Quality also maintains a Web
page that contains general information about California waiver and
authorization requests. The page can be accessed at http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Julian M. Davis, Attorney-Advisor,
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105. Telephone:<PHONE_NUMBER>. Fax:<PHONE_NUMBER>. Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. California's Marine Spark Ignition and Boat Regulations

    On March 28, 2007 EPA granted an authorization for California's
initial set of Marine Spark Ignition and Boat regulations.\1\ This
authorization enabled CARB to enforce regulations applicable to
outboard and personal watercraft engines and to enforce the first tier
of regulations affecting inboard and stern drive engines. EPA
authorized California's second tier of inboard and sterndrive engine
regulations in 2011.\2\ California refers to these regulations
collectively as the ``CARB Marine Spark Ignition Engine (``Marine SI'')
regulations.''
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    \1\ 72 FR 14546 (March 28, 2007).
    \2\ 76 FR 24872 (May 3, 2011).
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    By letter dated November 30, 2012, CARB submitted to EPA an
authorization request pursuant to section 209(e) of the Clean Air Act
(``CAA'' or ``the Act'') for its 2008 Marine SI Amendments.\3\ The
amendments seek to address technical issues arising between 2006 and
2008; to make clarifications and correct cross referencing errors found
in the original regulation; and to enhance alignment with other CARB
and EPA regulations. CARB is requesting two types of authorization
actions on the 2008 Amendments.
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    \3\ ``Clean Air Act Sec.  209(E) (2) Authorization Support
Document Submitted By the California Air Resources Board, November
30, 2012,'' at p. 1-20, EPA-HQ-OAR-2013-0024.
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    First, CARB requests confirmation that certain changes are within-
the-scope of the prior authorizations, or in the alternative, merit
full authorization. The provisions for which CARB requests a within-
the-scope determination include: Clarification of aftermarket exemption
procedures; new environmental label options; new test cycle, emissions
measurement, and assigned deterioration factor options for high
performance engines; optional engine discontinuation allowances for
sterndrive/inboard engines; compliance assistance changes; revised on-
board diagnostic marine requirements; changes to replacement engine
provisions; and modification of exhaust standards for high-performance
sterndrive/inboard engines.\4\
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    \4\ Id. at p. 3.
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    Second, CARB requests full authorization to enforce other changes
within the 2008 Amendments that revise standards or establish new
requirements. The provisions for which CARB requests new authorization
include: Revised total hydrocarbon emission standards; enhanced
evaporative emission controls for high performance sterndrive/inboard
engines; not-to-exceed limits; revised jet boat engine standards; and
new carbon monoxide emission standards.\5\
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    \5\ Id.
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II. Clean Air Act Nonroad Engine and Vehicle Authorizations

A. Criteria for New Authorization Determinations

    Section 209(e)(1) of the Act permanently preempts any state, or
political subdivision thereof, from adopting or attempting to enforce
any standard or other requirement relating to the control of emissions
for certain new nonroad engines or vehicles.\6\ For all other nonroad
engines (including ``non-new'' engines), states are preempted from
adopting and enforcing standards and other requirements relating to the
control of emissions, except that section 209(e)(2) of the Act requires
EPA, after notice and opportunity for public hearing, to authorize
California to adopt and enforce such regulations unless EPA makes one
of three specifically enumerated findings. In addition, other states
with attainment plans may adopt and enforce such regulations if the
standards, implementation, enforcement, are identical to California's.
On July 20, 1994, EPA promulgated a rule that sets forth, among other
things, regulations providing the criteria, as found in section
209(e)(2), which EPA must consider before granting any California
authorization request for nonroad engine or vehicle emission
standards.\7\ EPA revised these regulations in 1997.\8\

As stated in the preamble to the 1994 rule, EPA has historically
interpreted the section 209(e)(2)(iii) ``consistency'' inquiry to
require, at minimum, that California standards and enforcement
procedures be consistent with section 209(a), section 209(e)(1), and
section 209(b)(1)(C) (as EPA has interpreted that subsection in the
context of section 209(b) motor vehicle waivers).\9\
---------------------------------------------------------------------------

    \6\ States are expressly preempted from adopting or attempting
to enforce any standard or other requirement relating to the control
of emissions from new nonroad engines which are used in construction
equipment or vehicles or used in farm equipment or vehicles and
which are smaller than 175 horsepower. Such express preemption under
section 209(e)(1) of the Act also applies to new locomotives or new
engines used in locomotives.
    \7\ 59 FR 36969 (July 20, 1994).
    \8\ See 62 FR 67733 (December 30, 1997). The applicable
regulations, now in 40 CFR part 1074, subpart B, Sec.  1074.105,
provide:
    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
federal standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling
and extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
    (c) In considering any request from California to authorize the
state to adopt or enforce standards or other requirements relating
to the control of emissions from new nonroad spark-ignition engines
smaller than 50 horsepower, the Administrator will give appropriate
consideration to safety factors (including the potential increased
risk of burn or fire) associated with compliance with the California
standard.
    \9\ See 59 FR 36969 (July 20, 1994).
---------------------------------------------------------------------------

    In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
federal and state testing procedures impose inconsistent certification
requirements.
    If California amends regulations that were previously granted an
authorization, EPA can confirm that the amended regulations are within
the scope of the previously granted authorization. Such within-the-
scope amendments are permissible without a full authorization review if
three conditions are met. First, the amended regulations must not
undermine California's determination that its standards, in the
aggregate, are as protective of public health and welfare as applicable
federal standards. Second, the amended regulations must not affect
consistency with section 202(a) of the Act. Third, the amended
regulations must not raise any ``new issues'' affecting EPA's prior
authorizations.

III. EPA's Request for Comments

    EPA invites public comment on CARB's entire request, including but
not limited to the following issues.

A. 2008 Within-the-Scope or New Authorization

    First, we request comment on whether CARB's 2008 Amendments,
summarized in CARB's November 2012 letter, each individually assessed,
should be considered under the within-the-scope analysis or whether
they should be considered under the full authorization criteria.
Specifically, we request comment on whether California's 2008
Amendments (1) undermine California's previous determination that its
standards, in the aggregate, are at least as protective of public
health and welfare as comparable Federal standards, (2) affect the
consistency of California's requirements with section 209 of the Act,
and (3) raise any other ``new issue'' affecting EPA's previous waiver
or authorization determinations.
    In determining whether amendments can be viewed as within-the-scope
of previous waivers, EPA does not evaluate how ``significant'' the
changes to the regulations are, or whether cost or emission benefit
projections have changed, but rather EPA evaluates whether CARB has
either made minor technical amendments to previously waived regulations
or whether the amendments can reasonably be viewed as modifying the
regulations in order to provide manufacturers with additional
compliance flexibilities or otherwise reduce the overall stringency of
the requirements.
    Should any party believe that the 2008 Amendments for which
California requested within-the-scope authorization do not merit
consideration as within-the-scope of the previous Marine SI
authorization, EPA also requests comment on whether those amendments
meet the criteria for full authorization. Specifically, we request
comment on: (a) Whether CARB's determination that its standards, in the
aggregate, are at least as protective of public health and welfare as
applicable federal standards is arbitrary and capricious, (b) whether
California needs such standards to meet compelling and extraordinary
conditions, and (c) whether California's standards and accompanying
enforcement procedures are consistent with section 209 of the Act.
    EPA similarly requests comment on whether the amendments for which
CARB requested full authorization meet the criteria set forth above for
making a new authorization determination.

IV. Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until October 18, 2013. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2013-0024.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information''
(``CBI''). If a person making comments wants EPA to base its decision
on a submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
part 2. If no claim of confidentiality accompanies the submission when
EPA receives it, EPA will make it available to the public without
further notice to the person making comments.

    Dated: August 9, 2013.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2013-20153 Filed 8-16-13; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:BRUSH WELLMAN INC, BRUSH WELLMAN INC; BRUSH WELLMAN INC, BRUSH WELLMAN INC


[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Pages 19912-19913]
[FR Doc No: 2019-09286]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-460-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Additional Information in ER19-
460--Order No. 841 Compliance Filing to be effective N/A.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5208.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1376-001.
    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2019-05-01_SA 3272 100 Mvar Switched
Cap Bank at Montezuma 345 kV Sub MPFCA to be effective 3/20/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5269.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1739-000.
    Applicants: Dominion Energy South Carolina, Inc.
    Description: Sec.  205(d) Rate Filing: Cost Based Power Sales
Tariff Name Change to be effective 3/30/2010.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5002.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1740-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: TFA for Port of Stockton
Tap-Line Reconductoring Project (TO SA 117) to be effective 5/2/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5004.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1741-000.
    Applicants: Dominion Energy South Carolina, Inc.
    Description: Sec.  205(d) Rate Filing: NMST Tariff Name Change to
be effective 3/30/2010.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5006.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1742-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of TO Tariff
Filing 1 of 3 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5008.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1743-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of TO Tariff
Filing 3 of 3 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5009.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1744-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 1 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5010.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1746-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1139R6 Southwestern Public
Service Company to be effective 4/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5020.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1747-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 6 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5102.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1748-000.
    Applicants: Duke Energy Commercial Enterprises, Inc.
    Description: Tariff Cancellation: Duke Energy Commerical
Enterprises MBR Tariff Cancellation to be effective 7/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5167.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1749-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF-Gulf Power
Interconnection Agmt (RS No. 232) Cert. of Concurrence Filing to be
effective 1/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5184.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1750-000.
    Applicants: Dominion Energy South Carolina, Inc.
    Description: Sec.  205(d) Rate Filing: Name Change to OATT and
Correction to Attachment H to be effective 4/29/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5237.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1751-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 2 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5259.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1752-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 3 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5300.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1753-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of WDAT
Filing 4 of 9 to be effective 5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5292.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: ER19-1754-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2019-05-01_Ameren-Norris
Electric Wholesale Connection and Umbrella Construction to be effective
5/1/2019.
    Filed Date: 5/1/19.
    Accession Number: 20190501-5314.
    Comments Due: 5 p.m. ET 5/22/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES19-28-000.
    Applicants: Entergy New Orleans, LLC.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities, et al. of Entergy New Orleans,
LLC.
    Filed Date: 4/30/19.
    Accession Number: 20190430-5531.
    Comments Due: 5 p.m. ET 5/21/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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: May 1, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-09286 Filed 5-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15793-15794]
[FR Doc No: 2014-06167]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0378]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
8 individuals. FMCSA has statutory authority to exempt individuals from
the vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemption renewals
will provide a level of safety that is equivalent to or greater than
the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective April 17, 2014. Comments must be
received on or before April 21, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0378], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved

absent such exemption.'' The procedures for requesting an exemption
(including renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 8 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 8 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Robert J. Abbas (MN)
Paul T. Browning (MT)
Robert P. Clark (NY)
Kevin J. Larson (ID)
Gilbert M. Rosas (AZ)
Kim A. Shaffer (PA)
Larry W. Slinker (VA)
Lonnie J. Supanchick (NV)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 8 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (77 FR 19749; 77 FR 22838). Each of these 8 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by April 21, 2014.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 8 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2011-0378 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2011-0378 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: March 7, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-06167 Filed 3-20-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Page 4980]
[FR Doc No: 2022-01845]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94055; File No. SR-CboeBZX-2021-051]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 1, To List and Trade Shares of the ARK
21Shares Bitcoin ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust
Shares

January 25, 2022.
    On July 20, 2021, Cboe BZX Exchange, Inc. (``BZX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares of the ARK 21Shares Bitcoin ETF under BZX Rule
14.11(e)(4), Commodity-Based Trust Shares. The proposed rule change was
published for comment in the Federal Register on August 6, 2021.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 92543 (Aug. 2,
2021), 86 FR 43289. Comments on the proposed rule change can be
found at: https://www.sec.gov/comments/sr-cboebzx-2021-051/srcboebzx2021051.htm.
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    On September 15, 2021, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ On November 2, 2021, the Commission instituted proceedings
under Section 19(b)(2)(B) of the Act \6\ to determine whether to
approve or disapprove the proposed rule change.\7\ On December 9, 2021,
the Exchange filed Amendment No. 1, which replaced and superseded the
proposed rule change as originally filed. On December 17, 2021, the
Commission published notice of Amendment No. 1 to the proposed rule
change.\8\
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 92989, 86 FR 52530
(Sept. 21, 2021). The Commission designated November 4, 2021, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 93510, 86 FR 61820
(Nov. 8, 2021).
    \8\ See Securities Exchange Act Release No. 93822, 86 FR 73360
(Dec. 27, 2021).
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for comment in the Federal Register on August 6,
2021.\10\ The 180th day after publication of the proposed rule change
is February 2, 2022. The Commission is extending the time period for
approving or disapproving the proposed rule change, as modified by
Amendment No. 1, for an additional 60 days.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See supra note 3.
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change, as modified by Amendment No. 1, so that it has
sufficient time to consider the proposed rule change, as modified by
Amendment No. 1, and the issues raised in the comments that have been
submitted in connection therewith. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,\11\ designates April 3, 2022,
as the date by which the Commission shall either approve or disapprove
the proposed rule change, as modified by Amendment No. 1 (File No. SR-
CboeBZX-2021-051).
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
    \12\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01845 Filed 1-28-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44177-44178]
[FR Doc No: 2014-17901]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0501]

Center for Devices and Radiological Health Appeals Processes:
Questions and Answers About 517A; Guidance for Industry and Food and
Drug Administration Staff

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Center for Devices and
Radiological Health (CDRH) Appeals Processes: Questions and Answers
About 517A.'' This document provides CDRH's interpretation of key
provisions of section 517A of the Federal Food, Drug, and Cosmetic Act
(FD&C Act), which were added by the FDA Safety and Innovation Act
(FDASIA), as these provisions pertain to requests for documentation of
rationales for significant decisions and requests for supervisory
review of regulatory decisions and actions taken by CDRH.

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

ADDRESSES: An electronic copy of the guidance document is available for
download from the Internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single copy of the guidance document entitled ``Center
for Devices and Radiological Health Appeals Processes: Questions and
Answers About 517A'' to the Office of the Center Director, Guidance and
Policy Development, CDRH, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Ruth Fischer, CDRH, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5400, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In July 2012, section 517A of the FD&C Act (21 U.S.C. 360g-l) was
added by section 603 of FDASIA (Pub. L. 112-114). CDRH developed this
guidance as a companion document to the final guidance entitled
``Center for Devices and Radiological Health Appeals Processes,'' which
was issued on May 17, 2013. The guidance ``Center for Devices and
Radiological Health Appeals Processes: Questions and Answers About
517A'' provides CDRH's interpretation of key provisions of section 517A
of the FD&C Act as these provisions pertain to requests for
documentation of rationales for significant decisions and requests for
supervisory review of regulatory decisions and actions taken by CDRH.
In particular, this document provides interpretations surrounding the
statutory terms ``significant decision'' and ``substantive summary.''
It also addresses who may request documentation of significant
decisions under section 517A of the FD&C Act, and how this provision
relates to requests under the Freedom of Information Act.
    In the Federal Register of May 17, 2013 (78 FR 29140), FDA
announced the availability of the draft of this guidance. Interested
persons were invited to comment by August 15, 2013. FDA considered the
public comments received and revised the guidance, as appropriate.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115).

The guidance represents the Agency's current thinking on Center for
Devices and Radiological Health's Appeals Processes: Questions and
Answers About 517A. It does not create or confer any rights for or on
any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the Internet. A search capability
for all CDRH guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at http://www.regulations.gov. Persons unable to download an electronic copy of
``Center for Devices and Radiological Health Appeals Processes:
Questions and Answers About 517A,'' may send an email request to<EMAIL_ADDRESS>to receive an electronic copy of the document.
Please use the document number 1821 to identify the guidance you are
requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 807, subpart E have been
approved under OMB control number 0910-0120; the collections of
information found in 21 CFR part 814 have been approved under OMB
control number 0910-0231; and the collections of information in 21 CFR
part 814, subpart H have been approved under OMB control number 0910-
0332. The collections of information in the guidance document ``Center
for Devices and Radiological Health Appeals Processes'' have been
approved under OMB control number 0910-0738.

V. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: July 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-17901 Filed 7-29-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Proposed Rules]
[Pages 5726-5728]
[FR Doc No: 2012-2622]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0041; Directorate Identifier 2011-NM-167-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203
airplanes. This proposed AD was prompted by analysis that in a specific
failure case of the upper primary attachment of the trimmable
horizontal stabilizer actuator (THSA); the THSA upper secondary
attachment would engage because it could only withstand the loads for a
limited period of time. This proposed AD would require installation of
three secondary retention plates for the gimbal bearings on the THSA
upper primary attachment. We are proposing this AD to prevent failure
of the secondary load path, which could result in loss of control of
the airplane.

DATES: We must receive comments on this proposed AD by March 22, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington.

For information on the availability of this material at the FAA, call
(425) 227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0041;
Directorate Identifier 2011-NM-167-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0112, dated June 15, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A specific failure case of the THSA [trimmable horizontal
stabilizer actuator] upper primary attachment, which may result in a
loading of the upper secondary attachment, has been identified by
analysis.
    Primary load path failure can be caused by bearing migration
from the upper attachment gimbal by failure or loss of a retention
bolt.
    In case of failure of the THSA upper primary attachment, the
THSA upper secondary attachment would engage. Because the upper
attachment secondary load path can only withstand the loads for a
limited period of time, the condition where it would be engaged
could lead, if not detected and corrected, to the failure of the
secondary load path, which would likely result in loss of control of
the aeroplane.
    For the reasons explained above, this [EASA] AD requires
installation of three secondary retention plates for the gimbal
bearings on the THSA upper primary attachment.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A300-27-0204, dated
March 11, 2011. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 15 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $6,541 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $100,665, or $6,711 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-0041; Directorate Identifier 2011-NM-
167-AD.

(a) Comments Due Date

    We must receive comments by March 22, 2012.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 27: Flight
controls.

(e) Reason

    This AD was prompted by analysis that in a specific failure case
of the upper primary attachment of the trimmable horizontal
stabilizer actuator (THSA); the THSA upper secondary attachment
would engage because it could only withstand the loads for a limited
period of time. We are issuing this AD to prevent failure of the
secondary load path, which could result in loss of control of the
airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Actions

    Within 30 months after the effective date of this AD, install 3
retention plates for the gimbal bearings on the THSA upper primary
attachment, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A300-27-0204, dated March 11,
2011.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2011-0112, dated June 15, 2011; and Airbus
Mandatory Service Bulletin A300-27-0204, dated March 11, 2011; for
related information.

    Issued in Renton, Washington, on January 23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2622 Filed 2-3-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Proposed Rules]
[Pages 59873-59875]
[FR Doc No: 2012-24129]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0562; Directorate Identifier 2011-CE-015-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes;
Initial Regulatory Flexibility Analysis

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Availability of an Initial Regulatory Flexibility Analysis.

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

SUMMARY: This document announces the availability of and request for
comments on the Initial Regulatory Flexibility Analysis for the
previously published proposed airworthiness directive (AD) on Cessna
Aircraft Company 310, 320, 340, 401, 402, 411, 414, and 421 airplanes
regarding the installation of placards requiring flight limitations in
icing conditions.

DATES: Comments must be received on or before November 15, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jason Brys, Flight Test Engineer, FAA,
Wichita Aircraft Certification Office, 1801 S. Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on June 3, 2011 (76 FR
32103). That NPRM proposed to require you to install a placard that
prohibits flight into known icing conditions and install a placard that
increases published speed on approach 17 miles per hour (mph) (15
knots) in case of an inadvertent encounter with icing.

Reason for This Action

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.
    To achieve that principle, the RFA requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The RFA covers a wide-range of small entities, including
small businesses, not-for-profit organizations, and small governmental
jurisdictions.
    Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. In accordance with Section 608 of the
Regulatory Flexibility Act, an agency head may waive or delay
completion of some or all of the requirements of Section 603 by
providing a written finding that this final rule is being promulgated
in response to an emergency that makes compliance or timely compliance
with the provisions of Section 603 impracticable.
    Based on the comments received following publication of the NPRM,
we have re-evaluated our certification under the RFA that the proposed
rule will not, if promulgated, have a significant impact on a
substantial number of small entities. Based on our re-evaluation, we
have determined that the proposed rule will, if promulgated, have a
significant impact on a substantial number of small entities.
Consequently, we have completed an initial regulatory flexibility
analysis (IRFA) and request comments from affected small entities. The
purpose of this analysis is to identify the number of small entities
affected, assess the economic impact of the proposed regulation on
them, and consider less burdensome alternatives and still meet the
agency's statutory objectives. Section 603(a) of the RFA requires that
each initial regulatory flexibility analysis contain:
    1. A description of the reasons action by the agency is being
considered;
    2. A succinct statement of the objectives of, and legal basis for,
the proposed rule;
    3. A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
    4. A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities that will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
    5. To the extent practicable, an identification of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
    6. A description of any significant alternatives to the proposed
rule that accomplish the stated objectives of applicable statues and
that minimize any significant economic impact of the proposed rule on
small entities.

A brief description of each of these criteria is discussed below. A
full discussion, footnote references, tables, and appendix included in
the full IRFA can be found in the docket at http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=FAA-2011-0562.

1. A Description of the Reasons Action by the Agency Is Being
Considered

    For the airplanes listed in Cessna Aircraft Company (Cessna)
Service Bulletin MEB97-4, the actions required by the proposed rule
will prohibit flight into known icing conditions. An investigation of
the airplanes affected by the proposed rule showed 52 icing-

related incidents and accidents over the last 30 years resulting in 36
fatalities. The non-fatal accidents have usually resulted in injuries
and substantial aircraft damage.
    Although many of these airplanes are equipped with optional deicing
boots and other deicing (or icing prevention) equipment, the
manufacturer never intended that they should be flown into known icing.
However, the original certification basis for these airplanes did not
incorporate Amendment 7 (May 3, 1962) of CAR 3, requiring manufacturers
to provide a placard specifying the types of operations and
meteorological conditions (e.g. icing conditions) to which the
operation of the aircraft is limited by the equipment installed (CAR 3
Sec.  3.772). As a result, with operational deicing equipment these
airplanes may be qualified to fly into known light or moderate icing
condition under 14 CFR 135.227(c)(1) and may even be allowed to fly
into known icing conditions under 14 CFR 91.9. In 1973, new part 23
certification rules became effective. Some of the later production of
the affected Cessna models added new and improved equipment in order to
recertify under the new requirements. However, production under
previous type certificates continued as late as 1976.

2. Objectives of, and Legal Basis for, the Proposed Rule

    The proposed rule would require owners or operators to install a
placard prohibiting flight into known icing conditions. With the
limited deicing equipment of the affected airplanes, flight into known
icing conditions could result in unusual flight characteristics leading
to loss of control with consequent accidents. The proposed rule would
also require owners or operators to install a second placard that
increases published speed on approach by 17 mph (15 knots) in case of
an inadvertent encounter with icing. Many of the Cessna accidents were
the result of high sink speeds, which may have been related to icing,
resulting in hard landings. Failure to mandate an increased published
speed may result in continuing occurrences of this unusual flight
characteristic with consequent accidents.
    Title 49 of the U.S. Code specifies the FAA's authority to issue
rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the FAA's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on the airplanes identified in the
NPRM.

3. A Description of and an Estimate of the Number of Small Entities to
Which the Proposed Rule Will Apply

    The airplanes affected by the proposed AD are the 4,206 U.S.-
registered Cessna twin-engine airplanes with certain serial numbers
among Models 310, 320, 340, 401, 402, 411, 414, and 421 specified in
Cessna Service Bulletin MEB97-4.
    To obtain information on small entities affected by the AD, we
emailed a questionnaire directly to seven firms with the largest number
of airplanes listed in Cessna Service Bulletin MEB97-4 and received
responses from six of these firms--the Small Sample. Separately, the
Aircraft Owners and Pilots Association (AOPA) conducted an online
survey and received 198 responses from owners with affected airplanes.
This sample was reduced to 104 entities--the Large Sample--by
eliminating 94 responses from individuals who used their airplanes for
personal use only.
    Employment size in the Small Sample ranges from 6 to 48, with a
median of 16.75. For the Large Sample 84 out of 104 respondents
reported employment size, ranging from 1 to 1,000, with a median of 6.
Since, as noted, personal use appears to account for about half of the
airplanes listed in Cessna Service Bulletin MEB97-4, we estimate the
number of small entity airplanes affected by the AD to be half of 1,608
or 804.
    As to type of operations, the Large Sample indicates only if the
owner's airplane(s) are for ``Corporate'' or ``Charter'' use. All of
the firms in the Small Sample engage in part 135 operations of one kind
or another--on demand air charter, cargo and/or passenger, or scheduled
freight. The Small Business Administration (SBA) classifies part 135
operations into NAICS industries 481111, Scheduled Passenger Air
Transportation; 481112, Scheduled Freight Air Transportation, 481211,
Nonscheduled Passenger Air Transportation; and 481212, Nonscheduled
Freight Air Transportation.
    For all of these industries, the SBA maximum small business size is
1,500 employees. All of the entities in both samples are well below
1,500 employees. Accordingly, we conclude that the proposed rule would
affect a substantial number of small entities.

4. Reporting, Recordkeeping, and Other Compliance Requirements of the
Proposed Rule

    Small entities will incur no new reporting and recordkeeping
requirements as a result of this rule.
    An Initial Regulatory Flexibility Analysis was not undertaken prior
to issuance of the NPRM (76 FR 32105), June 3, 2011, as the FAA
initially determined that the cost of the proposed rule was minimal,
being just the cost of placard installation. However, as a result of
comments to the NPRM docket, it became apparent to the FAA that there
may be significant additional costs for the subset of the affected
airplanes with optional deicing equipment. Several commenters to the
NPRM docket argue that affected airplanes with deicing equipment can be
safely operated in light or moderate icing conditions. They further
argue that to be prohibited from doing so would severely restrict their
operations and impose significant costs.
    As a result of these comments, we surveyed Cessna Twin operators
and independently estimated the cost on operators by the proposed
prohibition on flight into known icing. We approximated this cost by
estimating the cost to operators of substituting airplanes certificated
for flight into known icing for their current airplanes. In response to
a request from the FAA, Cessna undertook a sample survey and estimated
that 38.23 percent of the airplanes listed in Cessna Service Bulletin
MEB97-4 were equipped with deicing boots. Most of these airplanes also
have deicing propellers. Applying that percentage to our airplane count
of 4,206, we obtain an estimate of 1,608 AD-affected airplanes whose
operators would be affected by the prohibition on flight into known
icing, half of which, 804, are entities (commercial operators).
    Our estimate per airplane of the present value cost of the proposed
rule is $60,277, with an annualized cost estimate to be $8,582. The
IRFA provides further cost information, which can be found in the
docket.

5. Duplicative, Overlapping or Conflicting Federal Rules

    The FAA is unaware of any Federal rules that duplicate, overlap, or
conflict with this proposed rule.

6. Significant Alternatives to the Proposed Rule

    Owing to the existing unsafe conditions, however, there is no
feasible significant alternative to prohibiting the affected airplanes
from flying into known icing conditions. And there is no significant
alternative to mandating an increase in published speed on approach.

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this rulemaking. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0562;
Directorate Identifier 2011-CE-015-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this rulemaking action.
The most helpful comments will reference a specific portion of the IRFA
or related rulemaking document, explain the reason for any recommended
change, and include supporting data.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will address all comments in the final rule including those already in
the docket from the NPRM. We will also post a report summarizing each
substantive verbal contact we receive about this proposed AD.

    Issued in Kansas City, Missouri, on September 24, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-24129 Filed 9-28-12; 8:45 am]
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