[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Page 23348]
[FR Doc No: 2014-09594]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-18-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 2, 2014, Oncor Electric Delivery Company
LLC submitted its tariff filing per 35.28(e): Oncor Tex-La Tariff Rate
Changes, effective August 31, 2012.
    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 review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 6, 2014.

    Dated: April 22, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-09594 Filed 4-25-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5594-5596]
[DOCID:fr30ja08-112]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket ID-OSHA-2008-0002]

National Advisory Committee on Occupational Safety and Health
(NACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for nominations to serve on NACOSH; announcement of new
and reappointed members.

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SUMMARY: The Assistant Secretary of Labor for Occupational Safety and
Health invites interested parties to submit nominations for membership
on NACOSH and announces the appointment of new NACOSH members.

DATES: Nominations for NACOSH must be submitted (postmarked, sent or
received) by February 29, 2008.

ADDRESSES: You may submit nominations for NACOSH, identified by Docket
No. OSHA-2008-0002, by any of the following methods:
    Electronically: You may submit nominations, including attachments,
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal. Follow the instructions on-line for submitting
nominations.
    Facsimile: If your nomination, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Mail, express delivery, hand delivery, messenger or courier
service: Submit three copies of your nominations to the OSHA Docket
Office, Docket No. OSHA-2008-0002, Room N-2625, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2350 (TTY number<PHONE_NUMBER>). Deliveries (hand, express
mail, messenger and courier service) are accepted during the Department
of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45
p.m., e.t.
    Instructions: All nominations for NACOSH must include the Agency
name and docket number for this Federal Register notice (Docket No.
OSHA-2008-0002). All submissions in response to this Federal Register
notice, including personal information provided, will be posted without
change at http://www.regulations.gov. Therefore, OSHA cautions you

about submitting certain personal information, such as social security
numbers and birthdates. Because of security-related procedures,
submitting nominations by regular mail may result in a significant
delay in their receipt. Please contact the OSHA Docket Office, at the
address above, for information about security procedures for submitting
nominations by hand delivery, express delivery, and messenger or
courier service. For additional information on submitting nominations,
see the SUPPLEMENTARY INFORMATION section below.
    Docket: To read or download submissions, go to http://www.regulations.gov.
 All documents in the docket are listed in the

http://www.regulations.gov index. Although listed in the index, some

information (e.g., copyrighted material) is not publicly available to
read or download through http://www.regulations.gov. All submissions,

including copyrighted

material, are available for inspection and copying at the OSHA Docket
Office at the address above.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases

and other relevant information, also are available at OSHA's Web page
at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: Deborah Crawford, OSHA, Directorate of
Evaluation and Analysis, Room N-3641, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington DC 20210; telephone (202) 693-
1932; fax<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The Assistant Secretary of Labor for Occupational Safety and Health
(OSHA) invites interested parties to submit nominations for membership
on NACOSH. The Committee is authorized by section 7(a) of the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 656) to
advise the Secretary of Labor and the Secretary of Health and Human
Services on matters relating to the administration of the OSH Act.
NACOSH is a continuing advisory body and operates in compliance with
provisions in the OSH Act and the Federal Advisory Committee Act (5
U.S.C. App. 2), and regulations issued pursuant to those laws (29 CFR
1912a, 41 CFR part 101-6 and 102-3).
    NACOSH is comprised of 12 members, all of whom the Secretary of
Labor appoints. Nominations will be accepted for five vacancies (29 CFR
1912a.2). The composition of the committee and categories of members to
be appointed are as follows:
     Four public representatives. Two will be appointed;
     Two management representatives. One will be appointed;
     Two labor representatives. No vacancies;
     Two representatives representing occupational safety
professions. One will be appointed; and,
     Two representing occupational health professions. One
health representative will be appointed.
    Pursuant to Sec.  1912a.2, the Secretary of Health and Human
Services (HHS) will designate for appointment by the Secretary of Labor
one of the public representatives and the representative from the
occupational health professions. Therefore, OSHA will provide to HHS
all nominations, including supporting materials, for those membership
categories.
    NACOSH members serve staggered two-year terms, unless the member
becomes unable to serve, resigns, ceases to be qualified to serve
because he or she no longer meets the relevant representational
requirements, or is removed by the Secretary of Labor. If a vacancy
occurs before a term expires, the Secretary may appoint a new member
who represents the same interest as the predecessor to serve the
remainder of the unexpired term. The committee meets at least two times
a year (Sec.  1912a.4).
    Any interested person or organization may nominate one or more
qualified individuals for membership. Nominations must include the
nominee's name, occupation or current position, and contact
information. The nomination also must identify the category that the
candidate is qualified to represent, and include a resume of the
nominee's background, experience, and qualifications. In addition, the
nomination must state that the nominee is aware of the nomination and
is willing to serve on NACOSH for a two-year term. NACOSH members will
be selected upon the basis of their experience and competence in the
field of occupational safety and health (Sec.  1912a.2). The
information received through this nomination process, in addition to
other relevant sources of information, will assist the Secretary of
Labor in appointing members to serve on NACOSH. In selecting NACOSH
members, the Secretary of Labor will consider individuals nominated in
response to this Federal Register notice, as well as other qualified
individuals. OSHA will publish a list of the new NACOSH members in the
Federal Register.

Public Participation--Submission of Nominations and Access to Docket

    You may submit nominations (1) electronically at http://www.regulations.gov
, which is the Federal eRulemaking Portal; (2) by

facsimile (FAX); or (3) by hard copy. All comments, attachments and
other material must identify the Agency name and the OSHA docket number
for this Federal Register notice (Docket No. OSHA-2008-0002). You may
supplement electronic nominations by uploading document files
electronically. If, instead, you wish to mail additional materials in
reference to an electronic or fax submission, you must submit three
copies to the OSHA Docket Office (see ADDRESSES section). The
additional materials must clearly identify your electronic nomination
by name, date, and docket number so OSHA can attach them to your
nomination.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of nominations. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA Docket Office at<PHONE_NUMBER> (TTY (877) 889-
5627).
    Submissions are posted without change at http://www.regulations.gov.
 Therefore, OSHA cautions interested parties about

submitting certain personal information such as social security numbers
and birth dates. Although all submissions are listed in the http://www.regulations.gov
 index, some information (e.g., copyrighted

material) is not publicly available to read or download through http://www.regulations.gov.
 All submissions, including copyrighted material,

are available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit

comments and access the docket is available at the Web site's User Tips
link. Contact the OSHA Docket Office for information about materials
not available through the Web site and for assistance in using the
Internet to locate docket submissions.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases

and other relevant information, is also available at OSHA's Webpage at
http://www.osha.gov.

Appointment of New NACOSH Members

    In November 2007, Secretary Elaine Chao appointed the following
four new NACOSH members to serve two-year terms:
     Ms. Barbara McCabe, International Union of Operating
Engineers, as a labor representative;
     Ms. Jennifer Bailey, American Cast Iron Pipe Company, as a
management representative;
     Mr. Karl Jacobson, Liberty Mutual Insurance Group, as a
safety representative; and
     Ms. Susan Randolph, University of North Carolina-Chapel
Hill, as a health representative.
    In addition, the Secretary reappointed the following three NACOSH
members to another two-year term:
     Mr. Douglas Kalinowski, Michigan Department of Consumer
and Industry Services, as a public representative;
     Ms. Vickie Wells, San Francisco Department of Public
Health, as a public representative; and
     Mr. Kevin Sommers, Fraternal Order of Police, as a labor
representative.

Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice under the
authority granted by sections 6(b)(1) and 7 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655, 656), 29 CFR 1912a, Federal
Advisory Committee Act (5 U.S.C. App.2); and Secretary of Labor's Order
No. 5-2007 (72 FR 31159).

    Signed at Washington, DC this 24th day of January, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-1582 Filed 1-29-08; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66278-66280]
[FR Doc No: 2023-20880]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-52023-0305; FRL-11112-02-R1]

Approval and Promulgation of Delegation of Authority for
Designated Facilities and Pollutants; New Hampshire; Delegation of
Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
delegation of authority to the New Hampshire Department of
Environmental Services (NHDES) for implementing and enforcing the Clean
Air Act (CAA) Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction on or Before July 17, 2014, and
Have Not Been Modified or Reconstructed Since July 17, 2014. This
action amends regulatory text to promulgate the delegation of authority
and is taken in accordance with the CAA.

DATES: This rule is effective on October 27, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0305. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other

information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that, if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Jessica Kilpatrick, Air Permits,
Toxics, and Indoor Programs Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square,
APTB05-2, Boston, MA 02109-0287. Telephone:<PHONE_NUMBER>. Fax: 617-918-
0652 Email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 7, 2023, EPA published a Notice of Proposed Rulemaking
(NPRM), which proposed to approve delegation of authority to NHDES for
implementing and enforcing the Federal Plan Requirements for Municipal
Solid Waste Landfills That Commenced Construction On or Before July 17,
2014, and Have Not Been Modified or Reconstructed Since July 17, 2014,
at 40 CFR part 62, subpart OOO. NHDES submitted to EPA a formal request
for delegation of authority on February 6, 2023. The request letter
included a memorandum of agreement (MoA) developed by NHDES and EPA,
which defines the policies, responsibilities, and procedures NHDES and
EPA will abide by in administering the Federal Plan requirements. The
MoA was signed by the NHDES Commissioner on February 6, 2023 and the
EPA Region 1 Deputy Regional Administrator on June 27, 2023. The NPRM
informed the public of the MoA, provided a copy of the signed document,
and proposed amending associated regulatory text for the delegation of
authority. No comments were received regarding the proposed rulemaking.
    This action amends regulatory text at 40 CFR part 62, subpart EE--
New Hampshire to promulgate the delegation of authority for existing
municipal solid waste landfills. The rationale for EPA's approval of
the delegation of authority is explained in the NPRM and will not be
restated here.

II. Final Action

    EPA approves amending regulatory text at Sec.  62.7405 to
promulgate the delegation of authority to NHDES for implementing and
enforcing the Federal Plan Requirements for Municipal Solid Waste
Landfills That Commenced Construction On or Before July 17, 2014, and
Have Not Been Modified or Reconstructed Since July 17, 2014, at 40 CFR
part 62, subpart OOO.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to delegate the
authority to implement a 111(d)/129 Federal Plan that complies with the
provisions of the CAA and applicable Federal regulations. See 40 CFR
60.27. In reviewing 111(d)/129 Federal Plan delegation requests, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA and of EPA's implementing regulations. Accordingly, this
action merely codifies in the Code of Federal Regulations EPA's
delegation of authority to implement the Federal Plan and does not
impose additional requirements beyond those imposed by the already-
applicable Federal Plan. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. As such, it does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Industrial facilities, Intergovernmental
relations, Methane, Reporting and recordkeeping requirements, Waste
treatment and disposal.

    Dated: September 18, 2023.
David Cash,
Regional Administrator, EPA Region 1.

    Part 62 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart EE--New Hampshire

0
2. Revise Sec.  62.7405 to read as follows:

Sec.  62.7405  Identification of plan--delegation of authority.

    (a) Letter from the New Hampshire Department of Environmental
Services (NHDES), submitted February 6, 2023, requested delegation of
authority from EPA to implement and enforce the Federal Plan
Requirements for Municipal Solid Waste Landfills That Commenced
Construction On or Before July 17, 2014, and Have Not Been Modified or
Reconstructed Since July 17, 2014 (Existing MSW Landfills

Federal Plan) at Subpart OOO of this part.
    (b) Identification of sources. The Existing MSW Landfills Federal
Plan applies to each municipal solid waste landfill that meets the
following criteria:
    (1) Commenced construction, reconstruction, or modification on or
before July 17, 2014.
    (2) Accepted waste at any time since November 8, 1987, or has
additional capacity for future waste deposition.
    (c) On February 6, 2023, NHDES Commissioner Robert R. Scott signed
the Memorandum of Agreement Concerning the Delegation of Authority of
the Federal Plan for Existing Municipal Solid Waste Landfills to the
New Hampshire Department of Environmental Services by the United States
Environmental Protection Agency. On June 27, 2023, Region 1 Deputy
Regional Administrator Karen McGuire signed the MoA.
    (d) The delegation became fully effective as of October 27, 2023.

[FR Doc. 2023-20880 Filed 9-26-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Notices]
[Page 45095]
[FR Doc No: 2017-20623]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81668; File No. SR-NASDAQ-2017-074]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change, as Modified by Amendment No. 1, To Adopt the
Midpoint Extended Life Order

September 21, 2017.
    On July 21, 2017, The Nasdaq Stock Market LLC (``Nasdaq'' 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 adopt the Midpoint Extended Life Order. The
proposed rule change was published for comment in the Federal Register
on August 9, 2017.\3\ On August 9, 2017, the Exchange filed Amendment
No. 1 to the proposed rule change.\4\ The Commission has received three
comment letters on the proposal.\5\
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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. 81311 (August 3,
2017), 82 FR 37248.
    \4\ In Amendment No. 1, the Exchange updated Item 2,
``Procedures of the Self-Regulatory Organization,'' in Form 19b-4 of
the proposal to reflect the approval of the proposal by the
Exchange's Board of Directors on July 21, 2017. When the Exchange
filed Amendment No. 1 with the Commission, it also submitted
Amendment No. 1 to the public comment file for SR-NASDAQ-2017-074
(available at: https://www.sec.gov/comments/sr-nasdaq-2017-074/nasdaq2017074.htm). Because Amendment No. 1 is a technical amendment
that does not alter the substance of the proposed rule change, it is
not subject to notice and comment.
    \5\ See Letters to Brent J. Fields, Secretary, Commission, from
Stephen John Berger, Managing Director, Government & Regulatory
Policy, Citadel Securities, dated August 30, 2017; Ray Ross, Chief
Technology Officer, The Clearpool Group, dated September 12, 2017;
and Joanna Mallers, Secretary, FIA Principal Traders Group, dated
September 19, 2017.
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    Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is September 23, 2017.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
Exchange's proposal, the comments received, and any response to the
comments by the Exchange.
    Accordingly, pursuant to Section 19(b)(2) of the Act \7\ and for
the reasons stated above, the Commission designates November 7, 2017,
as the date by which the Commission shall either approve or disapprove,
or institute proceedings to determine whether to disapprove, the
proposed rule change (File No. SR-NASDAQ-2017-074), as modified by
Amendment No. 1.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20623 Filed 9-26-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68130-68132]
[FR Doc No: 2012-27721]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-1105]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Voluntary Hazard Analysis and Critical Control Point
Manuals for Operators and Regulators of Retail and Food Service
Establishments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
associated with FDA's technical assistance reference manuals provided
to State, local, territorial, and tribal jurisdictions, and other
Federal Agencies to interpret and promote the application of Hazard
Analysis and Critical Control Point (HACCP) principles to reduce the
risk of foodborne illness in the operation of retail and food service
establishments.

DATES: Submit either electronic or written comments on the collection
of information by January 14, 2013.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T,
Rockville, MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the

collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.

Voluntary Hazard Analysis and Critical Control Point Manuals for
Operators and Regulators of Retail and Food Service Establishments (OMB
Control Number 0910-0578)--Extension

    HACCP principles are designed to reduce the occurrence of foodborne
illness risk factors through preventive controls. FDA has developed two
technical assistance reference manuals that interpret and promote the
application of HACCP principles to reduce the risk of foodborne illness
in the operation of retail and food service establishments.
    The responsibility and authority for regulating retail and food
service establishments lie primarily with State and local governments.
Officials in State, local, territorial, and tribal agencies inspect
these food facilities, license establishments, issue permits, and
enforce their State or local government's laws and regulations. FDA's
Retail Food Protection Program provides assistance to the more than
3,000 State and local government agencies that regulate the retail food
industry nationally. The primary objective of the Retail Food
Protection Program is to prevent foodborne illness at the retail level
of the food industry by directing activities toward promotion of
effective State and local regulatory programs. FDA provides assistance
to State, local, territorial, and tribal regulatory jurisdictions
through multiple means including, but not limited to, training and
technical assistance. Authority for providing such assistance is
derived from section 311 of the Public Health Service Act (42 U.S.C.
243). In addition, FDA's mission under section 903(b)(2)(A) of the
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C.
393(b)(2)(A)) includes ensuring that foods are safe, wholesome, and
sanitary, and section 903(b)(4) of the FD&C Act directs FDA to
cooperate with food retailers, among others, in carrying out this part
of its mission.
    The first manual, entitled ``Managing Food Safety: A Manual for the
Voluntary Use of HACCP Principles for Operators of Food Service and
Retail Establishments'' (Operator's Manual) (available at http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/ManagingFoodSafetyHACCPPrinciples/Operators/default.htm), provides
operators of retail and food service establishments a roadmap for
developing a food safety management system based on HACCP principles.
Food safety management systems allow establishment operators to take a
proactive role in ensuring that the food served or sold in their
establishment is safe. Rather than responding to a foodborne illness
when it occurs, they can prevent it by taking active steps to
eliminate, prevent, or reduce to an acceptable level food safety
hazards that may cause someone to become sick or injured.
    The second manual, entitled ``Managing Food Safety: A Regulator's
Manual for Applying HACCP Principles to Risk-based Retail and Food
Service Inspections and Evaluating Voluntary Food Safety Management
Systems'' (Regulator's Manual) (available at http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/ManagingFoodSafetyHACCPPrinciples/Regulators/default.htm), provides State, local, territorial, and tribal
regulatory authorities with a model for prioritizing inspections using
a risk-based approach. The Regulator's Manual provides a roadmap for
evaluating retail and food service establishments based on the
application of HACCP principles.
    FDA developed the manuals as technical assistance reference
resources for regulators and operators to help reduce the risk of
foodborne illness. There is no Federal requirement that retail and food
service establishments implement food safety management systems based
on HACCP principles. State, local, territorial, and tribal regulatory
authorities decide whether to require food safety management systems in
the operation of retail and food service establishments. Regulators and
operators will not submit information to FDA based on these manuals.
    Regulators and retail and food service operators use the manuals as
technical assistance reference resources. The Regulator's Manual
contains information, recommendations and model documents for State,
local, territorial, and tribal regulators who wish to develop practices
for risk-based inspections of retail and food service establishments
based on the application of HACCP principles. The Operator's Manual
contains information, recommendations and model documents for operators
of retail and food service establishments who wish to develop and/or
validate the practices used in a food safety management system based on
HACCP principles.
    Description of Respondents: The respondents are State, local,
territorial, and tribal regulatory jurisdictions and operators of
retail and food service establishments in the United States.
Respondents are from both the public sector (State, local, territorial,
and tribal governments) and the private sector (for-profit businesses).
    FDA estimates the burden of this collection of information as
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Annual         Total
           Activity               Number of     frequency per     annual        Hours per record     Total hours
                                recordkeepers   recordkeeping    records
----------------------------------------------------------------------------------------------------------------
Reference of Technical                 25,000               1       25,000  0.2 (12 minutes).......        5,000
 Assistance Manuals by
 Operators.
Reference of Technical                  1,500               1        1,500  0.25 (15 minutes)......          375
 Assistance Manuals by
 Regulators.
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ..............  ...........  .......................        5,375
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The number of operator recordkeepers estimated in column 2 of Table
1 is based on FDA's goal to have 50,000 (\1/2\ of 1 percent) of the
approximately one million U.S. retail and food service operators
implement the recommendations outlined in the two manuals, as estimated
in 2009 (73 FR 77721, at 77722). FDA's estimate of the total number of
retail and food service establishments is based on numbers obtained
from the two major trade organizations representing these industries,
the Food Marketing Institute and the National Restaurant Association.
Gathering reference material to develop and/or validate food safety
management system practices is a one-time burden. We assume that those
50,000 operators have utilized FDA's technical assistance manuals to
the

degree that they chose to do so over the past 3 years and over the next
3 years will only need to reference these manuals on an as-needed
basis. FDA estimates that, annually, approximately one half of the
operators, 25,000, will choose to reference FDA's information,
recommendations or model documents.
    The number of regulator recordkeepers estimated in column 2 of
Table 1 is based on FDA's estimate that there are approximately 3,000
State, local, territorial, and tribal regulatory jurisdictions.
Gathering and reviewing reference material to develop practices for
risk-based inspections of retail and food service establishments based
on HACCP principles is a one-time burden. We assume that those 3,000
regulatory jurisdictions have utilized FDA's technical assistance
manuals to the degree that they chose to do so over the past 3 years
and over the next 3 years will only need to reference these manuals on
an as-needed basis. FDA estimates that, annually, approximately one
half of the regulatory jurisdictions (1,500) will choose to reference
FDA's information, recommendations or model documents.
    The hours per record estimated in column 2 of Table 1 are based on
FDA's experience with similar technical assistance materials offered by
the Agency. FDA estimates that over the next 3 years regulators and
operators will only need to reference these manuals on an as needed
basis. We estimate that it will take an operator with a specific need
for information approximately 12 minutes (0.2 hour) to gather and
record the data from the manuals. We estimate that it will take a
regulator with a specific need for information approximately 15 minutes
(0.25 hour) to gather and record the data from the manuals.
    The total recordkeeping burden of the technical assistance manuals
is 5,375 hours, as shown in Table 1.

    Dated: November 8, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-27721 Filed 11-14-12; 8:45 am]
BILLING CODE 4160-01-P


                                        MEMORANDUM

Date:		July 23, 2014

Subject:	Report of June 24, 2014 Site Visit to Clean Harbors in Deer Park, Texas

From:		Alden West, EC/R Incorporated  		Lesley Stobert, EC/R Incorporated 		 To:		Paula Hirtz, EPA/OAQPS

This memorandum summarizes the visit to the Clean Harbors facility in Deer Park, Texas that was conducted on June 24, 2014. The purpose of this visit was to better understand the processes used in the Offsite Waste and Recovery Operations (OSWRO) industry, the controls in place to reduce hazardous air pollutants (HAP) emissions, and the characteristics of the emission points at this facility. This information will assist the EPA in the promulgation of amendments to the emission standards for the OSWRO industry.

A background discussion of this project is provided, followed by an overview of the facility, a description of the off-site waste operations at the facility, and a summary of emission sources at the facility. The final section includes a summary of action items resulting from the meeting with Clean Harbors.

	The participants in the site visit included the following:       Ana Woods, Clean Harbors       Paula Hirtz, U.S. EPA/OAQPS       Lesley Stobert, EC/R Incorporated       Alden West, EC/R Incorporated        BACKGROUND

Section 112(d) of the Clean Air Act requires the EPA to develop standards for each major source category listed under section 112(c). These technology-based standards are often referred to as maximum achievable control technology, or MACT, standards. The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Off-site Waste and Recovery Operations (OSWRO) were promulgated on July 1, 1996 (61 FR 34139) and codified at 40 CFR part 63, subpart DD. The Clean Harbors facility in Deer Park, TX is subject to subpart DD because it receives certain wastes from off-site locations for storage and treatment, recovery or disposal.

Section 112 of the Clean Air Act contains provisions requiring the EPA to periodically revisit the technology-based standards. Specifically, section 112(d)(6) states that the EPA shall review these standards and revise them "as necessary (taking into account developments in practices, processes, and control technologies)" no less frequently than every eight years. The second stage in the review process focuses on reducing any remaining (i.e., "residual") risk according to CAA section 112(f). Section 112(f)(2) directs the EPA to assess the risk remaining (residual risk) after the application of MACT standards and promulgate additional standards as necessary to provide an ample margin of safety to protect public health, or to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental impact. On May 30, 2014, the EPA proposed amendments to the OSWRO MACT standards to address the results of the residual risk and technology review (RTR) conducted under the Clean Air Act.

A site visit of the Clean Harbors facility was conducted to better understand the current processes and control technologies in the OSWRO industry before promulgation of final amendments to the OSWRO MACT standards. As part of the RTR process, the EPA is seeking additional information to improve the Agency's understanding of the OSWRO processes and emission points, to improve the data used in site-specific emission profiles and to better characterize the maximum risks to surrounding populations as a result of activities at OSWRO facilities. Further, the May 30, 2014 proposal includes new provisions that may change the way certain OSWRO sources are required to operate. This site visit was conducted to better understand the technical and operational implications of these changes based on current processes observed at the facility and discussions with facility personnel.

PLANT SITE OVERVIEW        The Clean Harbors facility is located east of Houston in Deer Park, Texas. The facility is exclusively operated for the management of offsite-waste by incineration in a kiln. Ancillary units at the facility include a landfill, a wastewater treatment plant, and storage/processing units. Types of wastes managed by the facility include Resource Conservation and Recovery Act (RCRA) hazardous waste, polychlorinated biphenyls (PCBs), soils regulated by the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture, Drug Enforcement Administration (DEA)-controlled substances, infection wastes, and non-regulated wastes.       	 PROCESS DESCRIPTION

As noted above, the processes of interest at this site are those regulated by the OSWRO MACT standards.  The description provided below is a summary developed from materials provided during the site visit and from notes taken based on discussions with Clean Harbors personnel.

When waste is first received at Clean Harbors it goes through a pre-acceptance procedure, including a document review and sampling, if required. Ten percent of drums (55 gal) received are sampled and most bulk containers are sampled, unless exempted. Examples of sampling exemptions include wastes that are extremely toxic or are typical/frequently received. Exemptions and other guidance on waste sampling and analysis are outlined in the facility's waste analysis plan (WAP), which is required by RCRA. The constituents of the waste are predetermined by the generator and sampling is done to confirm that the specified profile is accurate. Characteristics of the waste that are sampled include BTU content, metals, polyaromatic hydrocarbons (PAHs), viscosity, water activity and PH. Containers are tracked using a unique bar code identifier and by monitoring the weight through each feed port to the kilns.

Typical waste streams received by Clean Harbors include contaminated process wastewaters, oils, spent flammable solvents, organic and inorganic laboratory chemicals, paint residues, debris from toxic or reactive chemical cleanups, off-spec commercial products, cylinders and labpacks. Wastes are received in many forms, including solids (in drums, buckets, boxes or containers), sludges (in tank trucks, bins, vacuum boxes or drums), liquids (in drums or other containers, tank trucks, rail tank cars or bins), and gases (in metal cylinders). Waste is stored and processed in a variety of ways depending on its composition and state of matter. In general, bulk containers (i.e., roll-off boxes) are stored outside and smaller containers are stored inside.

Clean Harbors operates several process tanks that consist of steel and/or concrete lined pits or tanks used for various waste processing operations, including repackaging of waste, mixing to achieve the optimal composition for incineration (e.g., high BTU content wastes mixed with low BTU content wastes), and waste feed to the incinerator using a clamshell bucket. Three waste mixing pits are located in a building designed as a permanent total enclosure, which is vented to an incinerator.

Clean Harbors operates a tank farm for storage of liquid wastes. Wastes designated for unloading to a storage tank are first analyzed for compatibility with the existing material in the tank. All storage tanks are equipped with fixed roofs and nitrogen blankets to suppress emissions. Vapors originating from normal pressure fluctuations in the tank are routed through a liquid knock-out pot to an incinerator; a carbon bed is also installed for back-up emission control. All storage tanks are equipped with rupture discs to relieve emergency pressure buildup and high level/overflow alarms to prevent overfilling. Clean Harbors provided a list of all storage and process tanks, including tank ID, capacity, dimensions and other information.

The incineration system consists of two units, Train I and Train II. Train I has a thermal capacity of 180 MMBtu/hr and consists of a 3.6 meter diameter rotary kiln, a horizontal afterburner, and a liquids burner. Train II has thermal capacity of 213.5 MMBtu/hr and consists of a 4.4 meter diameter rotary kiln, a rotary reactor, and a vertical afterburner. Diesel fuel, used oil, or natural gas is supplemented if there is not adequate BTU content to operate the incinerator. After incineration, the exhaust gas flows through a saturator to rapidly cool the gas and minimize dioxin formation. Each train is equipped with back-end pollution control systems, including  packed tower condensers, a venturi scrubber, a wet electrostatic precipitator and a selective catalytic reduction system.

Clean Harbors operates an onsite landfill for disposal of residual waste from the incineration process. A wastewater treatment plant is also operated to manage aqueous byproducts from back-end emission control units, including saturators and scrubbers.

EMISSION SOURCES

Emission sources at Clean Harbors include tanks, containers, fugitives, transfer systems, and control devices.

Storage tank emissions can occur from the evaporation of liquid wastes placed in the tank. The storage tanks at Clean Harbors are equipped with fixed roofs and nitrogen blankets to reduce evaporation of tank contents to the atmosphere. Tanks are also equipped with vents that provide relief from fluctuations in tank pressure resulting from normal operating conditions such as filling/emptying and changes in atmospheric temperature. Vapors released by the pressure/vacuum valves are routed through a liquid knock-out pot to the secondary combustion chamber of one of the hazardous waste incinerators. The incinerator is considered a control device under the OSWRO MACT standards. Storage tanks at Clean Harbors are also equipped with emergency relief valves that release tank vapors to the atmosphere if excessive pressure or vacuum develops. In the event of an emergency, all tank pumps can be shut off from the main control room or by a field operator.

Emissions from containers can occur if the container is leaking or if the cover of a container is removed for sampling or other purposes. All containers at the facility, including drums and bulk containers, are controlled by a cover and closure device (e.g., a lid on a drum or secured tarp on a roll-off box).

Process tanks are another source of emissions at the Clean Harbors facility. The building surrounding the three mixing/material processing pits (T-1001-1, 2 and 3) is designed as a permanent total enclosure (PTE). The building is vented to an incinerator, and a carbon bed absorption unit serves as a backup air pollution control device if both incinerators are out of service. The main doors of the building are opened when necessary to add or remove waste. During the site visit, a noticeable odor was observed in this area indicating the presence of chemical vapors. There are additional processing pits for operations other than mixing, such as receipt of bulk solids and clamshell feed to the incinerator. No emission controls are identified for these additional pits in the information provided by Clean Harbors.

Clean Harbors operates numerous valves, pump seals, flanges, open-ended lines, and other equipment components that could leak hazardous vapors to the atmosphere. Clean Harbors complies with the RCRA air emission standards for equipment leaks (40 CFR part 264 subparts BB and CC).

Transfer systems are a potential source of emissions at Clean Harbors and are subject to the OSWRO MACT standards. Transfer systems operated at the facility include pumps and conveyors.

As mentioned, Clean Harbors operates a wastewater treatment plant (WWTP) to manage aqueous byproducts. The WWTP is not subject to RCRA or OSWRO standards because it exclusively treats waste generated onsite. Based on a review of the Title V operating permit for Clean Harbors, the facility is subject to the process wastewater provisions of the Hazardous Organic NESHAP (HON) at 40 CFR part 63 subpart G.

ACTION ITEMS

* EPA agreed to resend the ICR to Clean Harbors, including to Ana Woods who is currently the environmental coordinator for the site.  * EPA requested HAP emissions from OSWRO operations at the facility, including the latitude and longitude of their operations. Clean Harbors agreed to send this information by the end of the public comment period.  * EPA agreed to send the link to the website for the OSWRO proposal and a link to the site where Clean Harbors can access and revise their modeling data.


[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38214-38218]
[FR Doc No: 2021-15391]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0561; Project Identifier AD-2021-00623-T;
Amendment 39-21647; AD 2021-14-20]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737 airplanes. This AD was prompted by reports
of latent failures of the cabin altitude pressure switches. This AD
requires repetitive functional tests of the pressure switches, and on-
condition actions, including replacement, if necessary. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 20, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 20,
2021.
    The FAA must receive comments on this AD by September 3, 2021.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0561.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0561; 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 final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicole Tsang, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3959; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA requires every proposed transport category airplane design
with a pressurized cabin to include a system that warns the flightcrew
of cabin depressurization. 14 CFR 25.841(b). On Boeing Model 737
airplanes, such warning systems include a cabin altitude pressure
switch. The functions of this pressure switch are twofold: To detect if
a certain cabin pressure altitude has been exceeded; and if so, to send
a signal to the parts of the system that provide aural and visual
warnings to the flightcrew. When this switch fails, it fails latently;
that is, without making the failure known to the flightcrew or
maintenance personnel. Due to the importance of the functions provided
by this switch, in 2012 the FAA mandated that all Boeing Model 737
airplanes utilize two switches, to provide redundancy in case of one
switch's failure. AD 2012-19-11, Amendment 39-17206 (77 FR 60296,
October 3, 2012).\1\
---------------------------------------------------------------------------

    \1\ This airworthiness directive was eventually superseded by AD
2015-21-11, Amendment 39-18304 (80 FR 65927, October 28, 2015) (AD
2015-21-11).
---------------------------------------------------------------------------

    The FAA has received reports of latent failures of these cabin
altitude pressure switches. In September 2020, an operator reported
that on three of its airplanes, both pressure switches failed the on-
wing functional test. The affected switches were on three different
models of the Boeing 737.
    The airplane manufacturer investigated, and initially found, for
reasons that included the expected failure rate of the switches, that
it did not pose a safety issue. Boeing decided in November 2020 that
the failures were not a safety issue. Subsequent investigation and
analysis led the FAA and the airplane manufacturer to determine, in May
of 2021, that the failure rate of both switches is much higher than
initially estimated, and therefore does pose a safety issue.
    The FAA does not yet have sufficient information to determine what
has caused this unexpectedly high failure rate, so a terminating
corrective action cannot yet be developed. However, a latent failure of
both pressure switches could result in the loss of cabin altitude
warning, which could delay flightcrew recognition of a lack of cabin
pressurization, and result in incapacitation of the flightcrew due to
hypoxia (a lack of oxygen in the body), and consequent loss of control
of the airplane. Therefore addressing these failures requires immediate
action. The FAA is issuing this AD to address the unsafe condition on
these products.

FAA's Determination

    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 Boeing Multi Operator Message MOM-MOM-21-0292-01B,
dated June 23, 2021. This service information specifies procedures for
repetitive functional tests of the cabin altitude pressure switches,
on-condition actions including follow-on functional testing and
replacement of failed switches, sending a report to Boeing about any
pressure switches that fail the initial functional test, and reporting
to Boeing the airplanes in the operator's fleet that have been tested.
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 requires accomplishing the actions specified in the service
information already described, except as discussed under ``Differences
Between this AD and the Service Information.'' This AD also requires
reporting to Boeing the results of the first functional test if any
pressure switch failed, and sending reports to Boeing of the airplanes
in the operator's fleet that have been tested.

Effect of Certain Installation Procedures on Accomplishment of AD
Requirements

    As previously noted, the FAA issued AD 2015-21-11, applicable to
certain Model 737-100, -200, -200C, -300, -400, -500, -600, -700, -
700C, -800, -900, and -900ER series airplanes. AD 2015-21-11 requires,
among other actions, the installation of a redundant cabin altitude
pressure switch in accordance with specified Boeing service
information. The FAA has since approved numerous supplemental type
certificates (STCs) and other means for installing the redundant
pressure switch. As a result of its oversight of these newly-installed
switches, the FAA has determined that use of approved maintenance
procedures for the cabin altitude pressure switch functional test other
than those specified in the task cards identified in Boeing Multi
Operator Message MOM-MOM-21-0292-01B, dated June 23, 2021, is
acceptable for the functional test; therefore, those other procedures
do not require approval of an alternative method of compliance (AMOC).

Differences Between This AD and the Service Information

    Although Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated
June 23, 2021, affects ``all 737CL'' airplanes (the 737 Classics
include Model 737-100, -200, -200C, -300, -400, and -500), Boeing did
not send the MOM to Model 737-100, -200 and -200C operators.
Additionally, Boeing did not reference procedures for performing the
cabin altitude pressure switch functional test for Model 737-100, -200,
and -200C series airplanes. There are no Model 737-100 series airplanes
operating worldwide; however, the applicability of this AD includes
those airplanes in the event any of those airplanes are returned to
service in the U.S. The FAA has also included Model 737-200 and -200C
series airplanes in the applicability of this AD. Furthermore, the FAA
requested that Boeing make the service information available to Model
737-200 and -200C operators. Boeing Model 737-200 and -200C operators
may reference 737-200 Airplane Maintenance Manual (AMM) 21-33-11/501
for additional guidance on performing the cabin altitude pressure
switch functional test.
    Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated June 23,
2021, uses permissive language, such as ``recommends'' and
``requesting,'' in its ``Functional Test Requirements'' and ``Reporting
Requirements'' sections. However, the regulatory text in paragraphs (g)
and (h) of this AD makes the language in those sections mandatory
unless an exception in paragraph (j) of this AD applies.
    Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated June 23,
2021, recommends returning failed pressure switches to the switch
manufacturer. Although the FAA also recommends that operators return
failed pressure switches in order to provide the switch manufacturer
with additional data related to the unsafe condition, this AD does not
require that action.
    Although Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated
June 23, 2021, identifies specific AMM task cards for use in
accomplishing the functional test, paragraph (j)(1) of this AD
clarifies that any approved maintenance procedures may be used for the
functional test. This provides the operator an option to use the AMM
task card or any approved maintenance procedure for the functional test
without needing to request an AMOC.
    Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated June 23,
2021, specifies certain on-condition actions, including an additional
step while performing the functional test on the switch by increasing
the altitude setting on the switch to an altitude of up to 20,000 feet
if the cabin altitude warning does not activate by 11,000 feet during
the initial functional test. The service information specifies
repeating the functional test at intervals, but does not explicitly
state that the on-condition additional functional testing is limited to
the initial functional test only. Paragraph (j)(3) of this AD requires
the on-condition additional functional test step of increasing the
altitude setting to 20,000 feet only during the initial functional test
(if applicable).
    Although Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated
June 23, 2021, specifies that failed switches be replaced with ``new or
serviceable'' switches, this AD requires replacement with
``serviceable'' switches, which include any switches that are eligible
for installation. This is to ensure that any installed switch is
serviceable.

Interim Action

    The FAA considers this AD to be an interim action. The reporting
that is required by this AD will enable the airplane manufacturer to
obtain better insight into the nature, cause, and extent of the switch
failures, and eventually to develop final action to address the unsafe
condition. Once final action has been identified, the FAA might
consider further rulemaking.

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 providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because, as previously noted, the unexpectedly high rate of latent
failure, of both pressure switches on the same airplane, could result
in the cabin altitude warning system not activating if the cabin
altitude exceeds 10,000 feet, resulting in hypoxia of the flightcrew,
and loss of control of the airplane. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, 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,
for the same reasons the FAA found good cause to forgo notice and
comment.

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-2021-0561 and Project Identifier AD-
2021-00623-T 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 Nicole
Tsang, Aerospace Engineer, Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives that 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

    The FAA estimates that this AD affects 2,502 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
           Action                Labor cost       Parts cost      Cost per  product     Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Functional test............  1 work-hour x $85              $0  $85 per test........  $212,670 per test.
                              per hour = $85
                              per test.
----------------------------------------------------------------------------------------------------------------

    In addition, the FAA has determined that preparing and sending a
monthly report of tested airplanes takes about 1 work-hour per
operator. Since operators are required to submit this report for their
affected fleet(s), the FAA has determined that a per-operator estimate
is more appropriate than a per-airplane estimate. Therefore, the FAA
estimates the average total cost of the monthly report to be $85 (1
work-hour x $85) per report, per operator.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the
functional test. The FAA has no way of determining the number of
aircraft that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
On-condition functional test and switch      1 work-hour x $85 per hour = $85...          $1,278          $1,363
 replacement.
Reporting..................................  1 work-hour x $85 per hour = $85...               0              85
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.

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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-14-20 The Boeing Company: Amendment 39-21647; Docket No. FAA-
2021-0561; Project Identifier AD-2021-00623-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 20, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737 airplanes,
certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of latent failures of the cabin
altitude pressure switches. The FAA is issuing this AD to address
the unexpectedly high rate of latent failure of both pressure
switches on the same airplane which could result in the cabin
altitude warning system not activating if the cabin altitude exceeds
10,000 feet, resulting in hypoxia of the flightcrew, and loss of
control of the airplane.

(f) Compliance

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

(g) Repetitive Functional Tests

    Except as specified in paragraph (j) of this AD: At the latest
of the times specified in paragraphs (g)(1) through (3) of this AD,
perform the initial functional test of the cabin altitude pressure
switches, and before further flight, do all applicable on-condition
actions, in accordance with the ``Functional Test Requirements''
section of Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated
June 23, 2021. Repeat the functional test thereafter at intervals
not to exceed 2,000 flight hours and do all applicable on condition
actions before further flight.
    (1) Within 2,000 flight hours since the last functional test of
the cabin altitude pressure switches.
    (2) Prior to the accumulation of 2,000 total flight hours on the
airplane.
    (3) Within 90 days after the effective date of this AD.
    Note 1 to paragraph (g): Additional guidance for performing the
functional test required by paragraph (g) of this AD can be found in
737-200 Airplane Maintenance Manual (AMM) 21-33-11/501, 737CL AMM
TASK CARD 31-026-01-01, 737CL AMM TASK CARD 31-010-01-01, 737NG AMM
TASK CARD 31-020-00-01, and 737MAX AMM TASK CARD 31-020-00-01, and
other approved maintenance procedures.

(h) Reporting for Switch Failure

    If any switch fails the initial functional test required by
paragraph (g) of this AD: At the applicable time specified in
paragraph (h)(1) or (2) of this AD, report the results of that
functional test, in accordance with Boeing Multi Operator Message
MOM-MOM-21-0292-01B, dated June 23, 2021.
    (1) If the functional test was done on or after the effective
date of this AD: Submit the report within 10 days after the
functional test.
    (2) If the functional test was done before the effective date of
this AD: Submit the report within 10 days after the effective date
of this AD.

(i) Repetitive Reporting of Tested Fleet

    Within 40 days, but no earlier than 30 days, after the effective
date of this AD: Send a report to Boeing listing the total number of
airplanes, including tail numbers, in the operator's fleet that have
been tested since the effective date of this AD, in accordance with
Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated June 23,
2021. Thereafter, send a report for the number of airplanes tested,
at intervals of 30 days for a total period of 12 months. A report is
not required for any 30-day interval in which no airplanes were
tested.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Multi Operator Message MOM-MOM-21-0292-01B,
dated June 23, 2021, refers to certain task cards for the functional
test, that service information is not required by this AD, and any
approved maintenance procedures are acceptable for the functional
test.
    (2) Where Boeing Multi Operator Message MOM-MOM-21-0292-01B,
dated June 23, 2021, specifies replacing failed switches with ``new
or serviceable'' switches, this AD requires replacement with
``serviceable'' switches, which include any switches that are
eligible for installation.
    (3) Where Boeing Multi Operator Message MOM-MOM-21-0292-01B,
dated June 23, 2021, specifies the on-condition additional step of
increasing the altitude to 20,000 feet if the cabin altitude warning
does not activate by 11,000 feet, this AD requires that additional
step only during the initial functional test.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in Related Information. 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 responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(l) Related Information

    For more information about this AD, contact Nicole Tsang,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Multi Operator Message MOM-MOM-21-0292-01B, dated
June 23, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. 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 July 2, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-15391 Filed 7-15-21; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Page 73056]
[FR Doc No: 2023-23389]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35033; File No. 812-15426]

Brookfield Infrastructure Income Fund, Inc. and Brookfield Asset
Management Private Institutional Capital Adviser (Canada), L.P.

October 18, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) of the Act and for an order pursuant to
section 17(d) of the Act and rule 17d-1 under the Act.

Summary of Application: Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares of beneficial interest with varying sales loads and
to impose early withdrawal charges and asset-based distribution and/or
service fees.

Applicants: Brookfield Infrastructure Income Fund, Inc. and Brookfield
Asset Management Private Institutional Capital Adviser (Canada), L.P.

Filing Dates: The application was filed on January 20, 2023, and
amended on June 23, 2023, September 21, 2023, and October 11, 2023.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
relevant Applicant with a copy of the request by email, if an email
address is listed for the relevant Applicant below, or personally or by
mail, if a physical address is listed for the relevant Applicant below.
Hearing requests should be received by the Commission by 5:30 p.m. on
November 13, 2023, and should be accompanied by proof of service on
Applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary at
[email protected].

ADDRESSES: The Commission: [email protected]. Applicants: Brian
F. Hurley, Esq., Brookfield Infrastructure Income Fund, Inc.,
Brookfield Place, 250 Vesey Street, New York, NY 10281-1023; and
Michael R. Rosella, Esq. and Thomas D. Peeney, Esq., Paul Hastings LLP,
200 Park Avenue, New York, NY 10166.

FOR FURTHER INFORMATION CONTACT: Kieran G. Brown, Senior Counsel, or
Terri Jordan, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and condition, please refer to Applicants' third amended and
restated application, dated October 11, 2023, which may be obtained via
the Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at
http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may
also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-23389 Filed 10-23-23; 8:45 am]
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