[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27879-27880]
[FR Doc No: 2023-09375]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2790-076]

Boott Hydropower, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-capacity Amendment of License.
    b. Project No: 2790-076.
    c. Date Filed: April 21, 2023.\1\
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    \1\ The April 21, 2023 filing supersedes the May 20, 2022, July
7, 2022, and March 10, 2023 filings.
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    d. Applicant: Boott Hydropower, LLC (licensee).
    e. Name of Project: Lowell Hydroelectric Project.
    f. Location: The project is located on the Merrimack River in the
City of Lowell in Middlesex County, Massachusetts.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kevin Webb, Hydro Licensing Manager, 670 N
Commercial Street, Suite 204, Manchester, NH 03101,<PHONE_NUMBER>,
[email protected] and Jim Gibson, Vice-President, 1304 Buckley
Road, Syracuse, NY 13212,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Jeremy Jessup,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: May 30, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier

must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include the docket number P-2790-
076. Comments emailed to Commission staff are not considered part of
the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee proposes to formally
designate the project's current operations as run-of-river operations
through revising Article 37 of the license. The licensee explains that
the request is in support of renewable energy initiatives applicable to
the project only if it is designated as operating in a run-of-river
mode. Given the operational limits of the project's existing license,
which equates to no useable storage capacity within the project's
impoundment, the licensee currently operates the project in a run-of-
river mode. The licensee is not proposing any changes to project
facilities, existing operations, or the existing project boundary.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09375 Filed 5-2-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19568-19569]
[FR Doc No: 2020-07285]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0046]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from seven individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before May 7, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-2020-0046 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0046. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, 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 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0046), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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/docket?D=FMCSA-2020-0046. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0046 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The seven individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate

the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in Appendix A to Part 391--
Medical Advisory Criteria, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Jason Allie

    Mr. Allie is a 35 year-old class C driver in California. He has a
history of a single seizure and has been seizure free since 2015. He
takes anti-seizure medication with the dosage and frequency remaining
the same since June 2015. His physician states that he is supportive of
Mr. Allie receiving an exemption.

Jay Asack

    Mr. Asack is a 28 year-old class D driver in Massachusetts. He has
a history of epilepsy and has been seizure free since 2011. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2011. His physician states that she is supportive of Mr.
Asack receiving an exemption.

David Bigler

    Mr. Bigler is a 31 year-old class D driver in Minnesota. He has a
history of epilepsy and has been seizure free since 2004. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2017. His physician states that he is supportive of Mr.
Bigler receiving an exemption.

Barry Dull

    Mr. Dull is a 54 year-old class D driver in Ohio. He has a history
of seizure disorder and has been seizure free since 2007. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2004. His physician states that he is supportive of Mr. Dull
receiving an exemption.

Jeffrey Kuper

    Mr. Kuper is a 46 year old class AM driver in Illinois. He has a
history of seizure disorder and has been seizure free since 2011. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2011. His physician states that she is supportive of Mr.
Kuper receiving an exemption.

John Mieyr

    Mr. Mieyr is a 51 year-old class D driver in Montana. He has a
history of seizure disorder and has been seizure free since 2006. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1993. His physician states that she is supportive of Mr.
Mieyr receiving an exemption.

Harold Seaton

    Mr. Seaton is a 63 year old class D, A CDL driver in Kentucky. He
has a history of seizure disorder and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2015. His physician states that he is
supportive of Mr. Seaton receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07285 Filed 4-6-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Pages 62564-62565]
[FR Doc No: 2019-24791]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0152]

Agency Information Collection Activities; Renewal of an Approved
Information Collection Request: Designation of Agents, Motor Carriers,
Brokers and Freight Forwarders

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. FMCSA requests approval
to renew an ICR titled ``Designation of Agents, Motor Carriers, Brokers
and Freight Forwarders,'' which is used to provide registered motor
carriers, property brokers, and freight forwarders a means of meeting
process agent requirements.

DATES: We must receive your comments on or before December 16, 2019.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2019-0152 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; 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: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. e.t.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Lorenzo Allen, Office of Registration
and Safety Information, Department of Transportation, Federal Motor
Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Designation of Agents, Motor Carriers, Brokers and Freight
Forwarders.
    OMB Control Number: 2126-0015.
    Type of Request: Renewal of a currently-approved information
collection.
    Respondents: Motor carriers, freight forwarders and brokers.
    Estimated Number of Respondents: 39,047.
    Estimated Time per Response: 10 minutes.
    Expiration Date: January 31, 2020.
    Frequency of Response: On occasion. Form BOC-3 must be filed by all
motor carriers, freight forwarders and brokers when the transportation
entity first registers with the FMCSA. All brokers must make a
designation for each State in which it has an office or in which
contracts are written. Subsequent filings are made only if the motor
carrier, broker or freight forwarder changes process agents.

    Estimated Total Annual Burden: 6,508 hours [39,047 respondents x 10
minutes per response].

Background

    The Secretary of Transportation (Secretary) is authorized to
register motor carriers under the provisions of 49 U.S.C. 13902;
freight forwarders under the provisions of 49 U.S.C. 13903; and
property brokers under provisions of 49 U.S.C. 13904. These persons may
conduct transportation services only if they are registered pursuant to
49 U.S.C. 13901. The Secretary delegated authority pertaining to these
registration requirements to FMCSA in 49 CFR 1.73(a)(5).
    Registered motor carriers, brokers and freight forwarders must
designate an agent on whom service of notices in proceedings before the
Secretary may be made (49 U.S.C. 13303). Registered motor carriers must
also designate an agent for every State in which they operate and
traverse in the United States during such operations, agents on whom
process issued by a court may be served in actions brought against the
registered motor carrier (49 U.S.C. 13304, 49 CFR 366.4T). Every broker
shall make a designation for each State in which its offices are
located or in which contracts are written (49 U.S.C. 13304, 49 CFR
366.4T). Regulations governing the designation of process agents are
found at 49 CFR part 366. This designation is filed with FMCSA on Form
BOC-3, ``Designation of Agents for Service of Process.'' The program
decrease in annual burden hours from 18,395 to 6,508 is due to revised
estimates of the number of respondents and responses. Previous
estimates were based on 2014 data. Current estimates are based on May
2019 Motor Carrier Management Information System (MCMIS) and Safety
Measurement System (SMS) data snapshots.

Public Comments Invited:

    You are asked to comment on any aspect of this information
collection, including: (1) Whether the proposed collection is necessary
for the FMCSA to perform it's functions; (2) the accuracy of the
estimated burden; (3) ways for the FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that
the burden could be minimized without reducing the quality of the
collected information.

    Issued under the authority delegated in 49 CFR 1.87 on: November
7, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2019-24791 Filed 11-14-19; 8:45 am]
 BILLING CODE 4910-EX-P


Date: May 12, 2004

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.  20590

In the matter of:

INTRA-ALASKA CLASS						        DOCKET 14694

SERVICE MAIL RATES						        DOCKET 14695

MODIFICATION OF EQUALIZATION NOTICE OF WARBELOW’S AIR VENTURES, INC.

WARBELOW’S AIR VENTURES, INC. (WAV), an Alaskan carrier currently
authorized to transport United States Mail, hereby gives notice of its
intent to modify and terminate in part its existing equalization notice
between Fairbanks on the one hand and Shungnak, Kobuk and Ambler on the
other hand.

By Order 2004-2-12, the Department of Transportation established a new
line haul rate for Part 121 bush service, and that rate is now the
lowest line haul rate paid to bush carriers in the state of Alaska.  The
Rural Service Improvement Act (RSIA) requires that composite
equalizations shall be based on the mainline rate paid to the hub, plus
the lowest bush rate paid to bush carriers in the State of Alaska for
the distance traveled from the hub point to the destination point.
Because of this change, WAV is no longer able to economically provide
service on this route under the existing equalization.

WAV therefore

Terminates its equalization notice for priority mail tendered to its
direct flights between the points named above, effective 10 days from
receipt of this notice.

Continues it’s existing and long standing equalization notice
non-priority mail tendered to its direct flights between the points
named above for an indefinite period.  This notice will remain in effect
until terminated by written notice filed at least ten days in advance.

Whereas WAV gives this notice of equalization of its mail rates, WAV
requests equitable tender and full tender of mail pursuant to the
provisions of the Rural Service Improvement Act and the practices and
procedures of the Department of Transportation and the United States
Postal Service.

Respectfully submitted,

Arthur Warbelow, President

Warbelow's Air Ventures, Inc.


[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22109-22111]
[FR Doc No: 2021-08568]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0300; Project Identifier MCAI-2020-01077-R;
Amendment 39-21511; AD 2021-08-17]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Model AS332L2 helicopters. This AD was prompted by
the discovery of a main gearbox (MGB) with worn ramps and broken roller
cages. This AD requires installing a placard on the pilot instrument
panel and replacing certain MGBs. The FAA is issuing this AD to address
the unsafe condition on these products.

DATES: This AD becomes effective May 12, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of May 12, 2021.
    The FAA must receive comments on this AD by June 11, 2021.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0300.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0300; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Union Aviation Safety Agency (EASA) AD, any
service information that is incorporated by reference, any comments
received, and other information. The street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer,
Dynamic Systems Section, Technical Innovation Policy Branch, Policy &
Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD 2020-0141R1, dated July 30, 2020 (EASA
AD 2020-0141R1) to correct an unsafe condition for Airbus Helicopters
(formerly Eurocopter France, Aerospatiale) Model AS 332 L2 helicopters.
EASA AD 2020-0141R1 advises that, during an overhaul of a Model EC 225
LP helicopter with an MGB part number (P/N) 332A323001.XX equipped with
main reduction gear module P/N 332A323011.XX in post-modification (mod)
07-53016 configuration, where XX represents any number, wear was
detected on ramps and roller cages. Mod 07-53016 corresponds to free
wheel shaft P/N 332A322191.20. EASA states that an investigation is
currently ongoing to determine the root cause of the occurrence and
that Model AS 332 L2 helicopters could be affected by the same failure
mechanism due to design similarity. According to EASA, this condition,
if not corrected, could lead to reduced capacity to transfer one engine
inoperative (OEI) power by the right engine following an in-flight shut
down of the left engine, resulting in reduced control of the
helicopter.
    EASA further states that Airbus Helicopters issued service
information to provide instructions to introduce operational
restrictions regarding training flights involving OEI and replacement
of the affected MGB in order to allow Airbus Helicopters to accomplish
a one-time wear inspection of the free wheel shaft. Consequently, EASA
issued an AD to require an operational limitation for OEI training
flights by installing placards and to require replacing the MGB if it
has a right free wheel shaft P/N 332A322191.20. EASA revised its
original AD and issued EASA AD 2020-0141R1 after Airbus Helicopters
issued a change to its service information to clarify the wording of
the operational limitation in the placard. EASA states that EASA AD
2020-0141R1 is considered an interim action and that further AD action
may follow.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD
because the agency has determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin AS332-
01.00.95, Revision 1, dated July 29, 2020, which specifies procedures
to create and install a placard to prohibit the use of the ENG1
``TRAINING IDLE'' switch in flight. This service information also
specifies removing the MGB, sending it to the manufacturer, and
replacing it with a serviceable MGB.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD applies to Model AS332L2 helicopters with a certain MGB
installed and requires within 50 hours time-in-service (TIS),
installing a placard on the instrument panel to prohibit use of the
ENG1 ``TRAINING IDLE'' switch. The placard may be removed if the MGB is
replaced with a MGB that does not have a certain free wheel shaft
installed. This AD also requires replacing the MGB with an airworthy
MGB before it accumulates 1,000 hours TIS or within 50 hours TIS after
the effective date of the AD, whichever occurs later.
    This AD also prohibits installing certain MGBs unless the free
wheel shaft has accumulated less than 1,000 total hours TIS.

Differences Between This AD and the EASA AD

    The EASA AD requires reporting information to Airbus Helicopters
and sending an affected MGB to Airbus Helicopters or an approved repair
center, whereas this AD does not.

Interim Action

    The FAA considers this AD to be an interim action. The
investigation to determine the root cause of this unsafe condition is
on-going. If final action is later identified, the FAA might consider
further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking. Further, section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
    There are no helicopters with this type certificate on the U.S.
Registry and thus, it is unlikely that the FAA will receive any adverse
comments or useful information about this AD from U.S. operators.
Accordingly, notice and opportunity for prior public comment are
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
reasons stated above, the FAA finds that good cause exists pursuant to
5 U.S.C. 553(d) for making this amendment effective in less than 30
days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0300; Project Identifier MCAI-
2020-01077-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Rao
Edupuganti, Aerospace Engineer, Dynamic Systems Section, Technical
Innovation Policy Branch, Policy & Innovation Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no
helicopters of this type certificate on the U.S. Registry.

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.
    The FAA is 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

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866, and
    2. Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-08-17 Airbus Helicopters: Amendment 39-21511; Docket No. FAA-
2021-0300; Project Identifier MCAI-2020-01077-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS332L2 helicopters
with main gearbox (MGB) part number (P/N) 332A323001.XX with a main
reduction gear module (module) P/N 332A323011.XX that has free wheel
shaft P/N 332A322191.20 installed, where ``XX'' stands for any two
digit dash number, certificated in any category.

    Note 1 to paragraph (c):  Free wheel shaft P/N 332A322191.20 is
also referred to as modification 07-53016.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor
Gearbox.

(e) Unsafe Condition

    This AD defines the unsafe condition as wear on the ramps and
roller cages of the MGB free wheel shaft. This condition could
result in reduced one engine inoperative (OEI) power from by the
right engine following an in-flight shut-down of the left engine,
resulting in reduced control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless accomplished previously.

(g) Required Actions

    (1) Within 50 hours time-in-service (TIS) after the effective
date of this AD, install a placard on the instrument panel
prohibiting use of the ENG1 ``TRAINING IDLE'' switch in accordance
with Figure 3 of Airbus Helicopters Alert Service Bulletin AS332-
01.00.95, Revision 1, dated July 29, 2020.
    (2) Replace the MGB with an airworthy MGB at the following
compliance time:
    (i) If the free wheel shaft has accumulated less than 950 total
hours TIS, before the free wheel shaft accumulates 1,000 total hours
TIS; or
    (ii) If the free wheel shaft has accumulated 950 or more total
hours TIS, within 50 hours TIS after the effective date of this AD.
    (3) As of the effective date of this AD, do not install a right
free wheel shaft P/N 332A322191.20 on any helicopter unless the free
wheel shaft has accumulated less than 1,000 total hours TIS.
    (4) If you replace the MGB with a MGB that does not have free
wheel shaft P/N 332A322191.20 installed, you may remove the placard
required by paragraph (g)(1) of this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Rao Edupuganti,
Aviation Safety Engineer, Dynamic Systems Section, Technical
Innovation Policy Branch, Policy & Innovation Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2020-0141R1, dated July 30, 2020.
You may view the EASA AD on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2021-0300.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin AS332-01.00.95,
Revision 1, dated July 29, 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 8, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-08568 Filed 4-26-21; 8:45 am]
BILLING CODE 4910-13-P


permits.
* * * * *

0
10. Section 55.7 is amended by revising paragraphs (f)(4)(ii) and (iii)
to read as follows:

Sec.  55.7  Exemptions.

* * * * *
    (f) * * *
    (4) * * *
    (ii) Make available, in at least one location in the COA and NOA,
which may be a public Web site identified by the Administrator or
delegated agency, a copy of all materials submitted by the requester, a
copy of the preliminary determination, and a copy or summary of other
materials, if any, considered in making the preliminary determination.
    (iii) Notify the public, by prominent advertisement in a newspaper
of general circulation in the COA and NOA or on a public Web site
identified by the Administrator or delegated agency, of a 30-day
opportunity for written public comment on the information submitted by
the owner or operator and on the preliminary determination.
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
11. The authority citation for part 70 continues to read as follows:

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

0
12. Section 70.7 is amended by revising paragraphs (h)(1) and (2) to
read as follows:

Sec.  70.7  Permit issuance, renewal, reopenings, and revisions.

* * * * *
    (h) * * *
    (1) Notice shall be given by one of the following methods: By
publishing the notice in a newspaper of general circulation in the area
where the source is located (or in a State publication designed to give
general public notice) or by posting the notice, for the duration of
the public comment period, on a public Web site identified by the
permitting authority, if the permitting authority has selected Web site
noticing as its ``consistent noticing method.'' The consistent noticing
method shall be used for all draft permits subject to notice under this
paragraph. If Web site noticing is selected as the consistent noticing
method, the draft permit shall also be posted, for the duration of the
public comment period, on a public Web site identified by the
permitting authority. In addition, notice shall be given to persons on
a mailing list developed by the permitting authority using generally
accepted methods (e.g., hyperlink sign-up function or radio button on
an agency Web site, sign-up sheet at a public hearing, etc.) that
enable interested parties to subscribe to the mailing list. The
permitting authority may update the mailing list from time to time by
requesting written indication of continued interest from those listed.
The permitting authority may delete from the list the name of any
person who fails to respond to such a request within a reasonable
timeframe. The permitting authority may use other means to provide
adequate notice to the affected public;
    (2) The notice shall identify the affected facility; the name and
address of the permittee; the name and address of the permitting
authority processing the permit; the activity or activities involved in
the permit action; the emissions change involved in any permit
modification; the name, address, and telephone number of a person (or
an email or Web site address) from whom interested persons may obtain
additional information, including copies of the permit draft, the
application, all relevant supporting materials, including those set
forth in Sec.  70.4(b)(3)(viii) of this part, and all other materials
available to the permitting authority (except for publicly-available
materials and publications) that are relevant to the permit decision; a
brief description of the comment procedures required by this part; and
the time and place of any hearing that may be held, including a
statement of procedures to request a hearing (unless a hearing has
already been scheduled);
* * * * *

PART 71--FEDERAL OPERATING PERMIT PROGRAMS

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

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

Subpart A--Operating Permits

0
14. Section 71.4 is amended by revising paragraph (g) to read as
follows:

Sec.  71.4  Program implementation.

* * * * *
    (g) Public notice of part 71 programs. In taking action to
administer and enforce an operating permits program under this part,
the Administrator will publish a notice in the Federal Register
informing the public of such action and the effective date of any part
71 program as set forth in Sec.  71.4(a), (b), (c), or (d)(1)(ii). The
publication of this part in the Federal Register on July 1, 1996 serves
as the notice for the part 71 permit programs described in Sec.
71.4(d)(1)(i) and (e). The EPA will also publish a notice in the
Federal Register of any delegation of a portion of the part 71 program
to a State, eligible Tribe, or local agency pursuant to the provisions
of Sec.  71.10. In addition to notices published in the Federal
Register under this paragraph (g), the Administrator will, to the
extent practicable, post a notice on a public Web site identified by
the Administrator of the part 71 program effectiveness or delegation,
and will send a letter to the Tribal governing body for an Indian Tribe
or the Governor (or his or her designee) of the affected area to
provide notice of such effectiveness or delegation.
* * * * *

0
15. Section 71.11 is amended by revising paragraphs (d)(3)(i)(E),
(d)(3)(ii), and (d)(4)(i)(G) to read as follows:

Sec.  71.11  Administrative record, public participation, and
administrative review.

* * * * *
    (d) * * *
    (3) * * *
    (i) * * *
    (E) Persons on a mailing list, including those who request in
writing to be on the list. As part of this requirement, the permitting
authority shall notify the public of the opportunity to be put on the
mailing list by way of generally accepted methods (e.g., hyperlink
sign-up function or radio button on an agency Web site, sign-up sheet
at a public hearing, etc.) that enable interested parties to subscribe
to the mailing list. The permitting authority may update the mailing
list from time to time by requesting written indication of continued
interest from those listed. The permitting authority may delete from
the list the name of any person who fails to respond to such a request
within a reasonable timeframe.
    (ii) By posting a notice on a public Web site identified by the
permitting authority for the duration of the public comment period. The
notice shall be consistent with paragraph (d)(4)(i) of this section and
be accompanied by a copy of the draft permit.
* * * * *
    (4) * * *
    (i) * * *
    (G) The physical location and/or Web site address of the
administrative record, the times at which the record will be open for
public inspection, and a statement that all data submitted by the
applicant are available as part of the administrative record; and
* * * * *

Subpart B--Permits for Early Reductions Sources

0
16. Section 71.27 is amended by revising paragraphs (d)(3)(i)(E),
(d)(3)(ii), and (d)(4)(i)(F) and (G) and adding paragraph (d)(4)(i)(H)
to read as follows:

Sec.  71.27  Public participation and appeal.

* * * * *
    (d) * * *
    (3) * * *
    (i) * * *
    (E) Persons on a mailing list, including those who request in
writing to be on the list. As part of this requirement, the
Administrator shall notify the public of the opportunity to be put on
the mailing list by way of generally accepted methods (e.g., hyperlink
sign-up function or radio button on an agency Web site, sign-up sheet
at a public hearing, etc.) that enable interested parties to subscribe
to the mailing list. The Administrator may update the mailing list from
time to time by requesting written indication of continued interest
from those listed. The Administrator may delete from the list the name
of any person who fails to respond to such a request within a
reasonable timeframe;
* * * * *
    (ii) By posting a notice on a public Web site identified by the
Administrator for the duration of the public comment period. The notice
shall be consistent with paragraph (d)(4)(i) of this section and be
accompanied by a copy of the draft permit.
* * * * *
    (4) * * *
    (i) * * *
    (F) A brief description of the comment procedures required by
paragraphs (e) and (f) of this section and the time and place of any
hearing that will be held, including a statement of procedures to
request a hearing (unless a hearing has already been scheduled) and
other procedures by which the public may participate in the final
permit decision;
    (G) Any additional information considered necessary or proper; and
    (H) The physical location and/or Web site address of the
administrative record, the times at which the record will be open for
public inspection and a statement that all data submitted by the
applicant are available as part of the administrative record.
* * * * *

PART 124--PROCEDURES FOR DECISIONMAKING

0
17. The authority citation for part 124 continues to read as follows:

    Authority: Resource Conservation and Recovery Act, 42 U.S.C.
6901 et seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean
Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et
seq.

Subpart A--General Program Requirements

0
18. Section 124.10 is amended by adding paragraph (c)(2)(iii) to read
as follows:

Sec.  124.10  Public notice of permit actions and public comment
period.

* * * * *
    (c) * * *
    (2) * * *
    (iii) For PSD permits:
    (A) In lieu of the requirement in paragraphs (c)(1)(ix)(B) and (C)
of this section regarding soliciting persons for ``area lists'' and
notifying the public of the opportunity to be on a mailing list, the
Director may use generally accepted methods (e.g., hyperlink sign-up
function or radio button on an agency Web site, sign-up sheet at a
public hearing, etc.) that enable interested parties to subscribe to a
mailing list. The Director may update the mailing list from time to
time by requesting written indication of continued interest from those
listed. The Director may delete from the list the name of any person
who fails to respond to such a request within a reasonable timeframe.
    (B) In lieu of the requirement in paragraph (c)(2)(i) of this
section to publish a notice in a daily or weekly newspaper, the
Director shall notify the public by posting the following information,
for the duration of the public comment period, on a public Web site
identified by the Director: A notice of availability of the draft
permit for public comment (or the denial of the permit application),
the draft permit, information on how to access the administrative
record, and information on how to request and/or attend a public
hearing on the draft permit.
    (C) In lieu of the requirement in paragraph (d)(1)(vi) of this
section to specify a location of the administrative record for the
draft permit, the Director may post the administrative record on an
identified public Web site.
* * * * *
[FR Doc. 2016-24911 Filed 10-17-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77594-77597]
[FR Doc No: 2013-30648]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0837]
RIN 1625-AA00

Safety Zone; Barge Launches; Gulfport Lake; Gulfport, MS

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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

SUMMARY: The Coast Guard is establishing a safety zone for Gulfport
Lake, Gulfport, MS. This action is necessary for the protection of
persons and vessels on navigable waters during the launching of barges
in Gulfport Lake, Gulfport, MS, particularly small craft in the area
that risk being swamped. Entry into, transiting or anchoring in the
zone during the launching of barges is prohibited for all vessels,
mariners, and persons unless specifically authorized by the Captain of
the Port Mobile or a designated representative. The Coast Guard also
requests comments on this interim rule before establishing a final
rule.

DATES: This rule is effective without actual notice from December 24,
2013 through December 31, 2016. For the purposes of enforcement, actual
notice will be used from November 8, 2013, until December 24, 2013.
    Comments and related material must be received by the Coast Guard
on or before January 23, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0837. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments identified by docket number USCG-2013-0837,
using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Stanley A. Tarrant, Coast Guard Sector Mobile,
Waterways Management Division; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number (USCG-
2013-0837) for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2013-0837) in the ``SEARCH'' box and click
``SEARCH''. Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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 the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0837) in the ``SEARCH'' box and click
``SEARCH''. Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Through this interim rule, the Coast Guard is establishing a
recurring safety zone for the protection of mariners and vessels during
monthly barge launching operations on Gulfport Lake, Gulfport, MS. The
Coast Guard has previously established six (6) individual safety zones
as temporary final rules for the launching of barges in Gulfport Lake,
Gulfport, MS during 2013. These individual safety zones were issued as
temporary final rules that were enforced with actual notice and are
accessible in the docket as explained above under ADDRESSES. These
temporary safety zones have enabled the Coast Guard to maintain safe
navigation for all in the area during the barge launches without issue.
Rather than continuing to establish individual safety zones on a
monthly basis, the Coast Guard is establishing one recurring safety
zone through this interim rule to be in effect approximately one day
each month during the barge launching operations. Once established, the
specific dates and times for launches will be noticed each month
through broadcast notices to mariners providing at least 24 hours
notice of when the safety zone will be enforced. The requirements of
this interim rule are the same as those in the temporary rules
available in the docket.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This interim rule establishes a
recurring safety zone to replace the temporary safety zones occurring
monthly and the safety zone requirements are and have been noticed to
vessels and mariners transiting the regulated area. Delaying the
effective date to provide a full 30 days' notice is unnecessary and
would be contrary to public interest by delaying the safety measures
needed to protect persons and vessels from safety hazards associated
with launching the barges. Additionally, delaying the safety zone would
unnecessarily interfere with launching the barges and possible
commercial and contractual obligations.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. Trinity Offshore, LLC is a ship yard
and repair facility located on Gulfport Lake in Gulfport, MS. Trinity
Offshore, LLC provided the Coast Guard with a schedule of barge
launches, indicating one barge launch a month over the course of the
next three years. The launching of barges from this facility creates a
3 to 6 foot launch wave that will propagate southward across Gulfport
Lake. This wave poses significant safety hazards to vessels,
particularly small craft in the area that could potentially be swamped.
The COTP Mobile is establishing a safety zone for Gulfport Lake,
Gulfport, MS, to protect persons and vessels during the launching of
barges. The COTP anticipates minimal impact on vessel traffic due to
this regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.

D. Discussion of the Interim Rule

    The Coast Guard is establishing a safety zone for Gulfport Lake, to
include all waters between an eastern boundary represented by positions
30[deg] 25' 37.2'' N, 089[deg] 03' 09.7'' W to 30[deg] 25' 27.0'' N,
089[deg] 03' 09.7'' W and a western boundary represented by positions
30[deg] 25' 35.4'' N, 089[deg] 03' 45.7'' W to 30[deg] 25' 28.8'' N,
089[deg] 03' 45.7'' W. This rule will protect the safety of life and
property in this area. Entry into, transiting or anchoring in this zone
during the launching of barges will be prohibited to all vessels,
mariners, and persons unless specifically authorized by the Captain of
the Port Mobile or a designated representative. The COTP may be
contacted by telephone at<PHONE_NUMBER>.
    The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of enforcement periods for
the safety zone. This rule will only be enforced during the launching
of barges occurring once a month.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The safety zone listed in this rule will only restrict vessel
traffic from entering, transiting or anchoring in Gulfport Lake,
Gulfport, MS during the launching of barges. The effect of this
regulation will not be significant for several reasons: (1) This rule
will only affect vessel traffic for a short duration; (2) vessels may
request permission from the COTP to transit through the safety zone;
and (3) impacts on routine navigation are expected to be minimal.
Notifications to the marine community will be made through broadcast
notice to mariners. These notifications will allow the public to plan
operations around the affected area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in Gulfport Lake during the launching of
barges. This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons. The
zone is limited in size, is of short duration and vessel traffic may
request permission from the COTP Mobile or a designated representative
to enter or transit through the zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone on a waterway during the
launching of barges and is not expected to result in any significant
adverse environmental impact as described in NEPA. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. Environmental analysis
checklists supporting this determination and Categorical Exclusion
Determinations are available for each of the preceding individual
safety zones and will be done for this recurring safety zone and made
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping

requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.841 to read as follows:

Sec.  165.841  Safety Zone; Barge Launches; Gulfport Lake; Gulfport,
MS.

    (a) Location. The following area is a safety zone: Gulfport Lake,
to include all waters between an eastern boundary represented by
positions 30[deg] 25' 37.2'' N, 089[deg] 03' 09.7'' W to 30[deg] 25'
27.0'' N, 089[deg] 03' 09.7'' W and a western boundary represented by
positions 30[deg] 25' 35.4'' N, 089[deg] 03' 45.7'' W to 30[deg] 25'
28.8'' N, 089[deg] 03' 45.7'' W.
    (b) Effective period and enforcement dates. This safety zone is
effective immediately on December 24, 2013 and enforceable through
actual notice beginning November 8, 2013. The COTP Mobile or a
designated representative will inform the public through broadcast
notice to mariners of enforcement periods for the safety zone, giving
at least 24 hour notice before enforcement begins. Enforcement periods
are expected to occur once a month for approximately two (2) hours.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Mobile or a designated representative.
    (2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative.
    (d) Informational broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes that may occur.

    Dated: November 7, 2013.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-30648 Filed 12-23-13; 8:45 am]
BILLING CODE 9110-04-P