[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8741-8742]
[FR Doc No: 2017-01914]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC17-64-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Application of Orange and Rockland Utilities, Inc. for
order pursuant to Section 203 of the Federal Power Act authorizing the
purchase or acquisition by the company of short-term debt of its
affiliate.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5212.
    Comments Due: 5 p.m. ET 2/9/17.

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

    Docket Numbers: ER10-2835-006.
    Applicants: Google Energy LLC.
    Description: Notice of Change in Status by Google Energy LLC.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5199.
    Comments Due: 5 p.m. ET 2/9/17.

    Docket Numbers: ER10-2961-010; ER10-2950-009; ER10-3193-010; ER11-
2042-011; ER11-2041-011; ER10-2924-010; ER10-2480-009; ER10-2718-026;
ER10-2719-025; ER10-2959-010; ER10-2934-009; ER13-821-011; ER14-2500-
005; ER14-2498-005; ER16-2462-003.
    Applicants: Edgecombe Genco, LLC, Spruance Genco, LLC, Brooklyn
Navy Yard Cogeneration Partners, L.P., Seneca Energy II, LLC,
Innovative Energy Systems, LLC, Kleen Energy Systems, LLC, Berkshire
Power Company, LLC, Cogen Technologies Linden Venture, L.P., East Coast
Power Linden Holding, L.L.C., Chambers Cogeneration Limited
Partnership, Logan Generating Company, LP, Scrubgrass Generating
Company, L.P., Newark Energy Center LLC, EIF Newark, LLC, Oregon Clean
Energy, LLC.
    Description: Notice of Non-Material Change in Status of Edgecombe
Genco, LLC., et al.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5208.
    Comments Due: 5 p.m. ET 2/9/17.

    Docket Numbers: ER17-820-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3114R2 Resale Power Group of
Iowa to be effective 1/1/2017.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5156.
    Comments Due: 5 p.m. ET 2/9/17.

    Docket Numbers: ER17-821-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-01-23_Cleco 2017 IOA--
LGIA Succession Filing to be effective 12/19/2013.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5167.
    Comments Due: 5 p.m. ET 2/9/17.

    Docket Numbers: ER17-822-000.
    Applicants: Luz Solar Partners Ltd., III.
    Description: Baseline eTariff Filing: Luz Solar Partners Ltd., III
Application for Market-Based Rates to be effective 1/26/2017.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5168.
    Comments Due: 5 p.m. ET 2/9/17.

    Docket Numbers: ER17-823-000.
    Applicants: Luz Solar Partners Ltd., IV.
    Description: Baseline eTariff Filing: Luz Solar Partners Ltd., IV
Application for Market-Based Rates to be effective 1/31/2017.
    Filed Date: 1/19/17.
    Accession Number: 20170119-5169.
    Comments Due: 5 p.m. ET 2/9/17.

    Docket Numbers: ER17-824-000.
    Applicants: Ironwood Windpower, LLC.
    Description: Sec.  205(d) Rate Filing: Change in Status--MBR Tariff
to be effective 3/25/2017.
    Filed Date: 1/23/17.
    Accession Number: 20170123-5124.
    Comments Due: 5 p.m. ET 2/13/17.

    Docket Numbers: ER17-825-000.
    Applicants: Cimarron Windpower II, LLC.
    Description: Sec.  205(d) Rate Filing: Change in Status--MBR Tariff
to be effective 3/25/2017.
    Filed Date: 1/23/17.
    Accession Number: 20170123-5125.
    Comments Due: 5 p.m. ET 2/13/17.

    Docket Numbers: ER17-826-000.
    Applicants: Caprock Solar I LLC.
    Description: Sec.  205(d) Rate Filing: Change in Status--MBR Tariff
to be effective 3/25/2017.
    Filed Date: 1/23/17.
    Accession Number: 20170123-5131.
    Comments Due: 5 p.m. ET 2/13/17.

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

    Docket Numbers: ES17-11-000.
    Applicants: Rockland Electric Company.
    Description: Application of Rockland Electric Company under New
Docket for an order pursuant to Section 204 of the Federal Power Act
authorizing the issue and sale of short-term debt.
    Filed Date: 1/23/17.
    Accession Number: 20170123-5141.
    Comments Due: 5 p.m. ET 2/13/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

     Dated: January 23, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-01914 Filed 1-27-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59892-59896]
[FR Doc No: 2021-23515]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0947; Project Identifier MCAI-2021-00195-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2,
AS350B3, AS350D, EC130B4, and EC130T2 helicopters; Model AS355E,
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters; and Model
SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, and AS 365 N3
helicopters. This proposed AD was prompted by a report of increased
vibration during flight. This proposed AD would require the application
of alignment markings on, and repetitive inspections of, the main rotor
(MR) pitch rod upper links and, depending on findings, the
accomplishment of applicable corrective actions, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
13, 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 EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. You may view this material at the 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>. The EASA material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0947.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0947; 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 NPRM, the EASA AD,
any comments received, and other information. The

street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0947; Project Identifier
MCAI-2021-00195-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0048, dated February 16, 2021
(EASA AD 2021-0048), to correct an unsafe condition for Airbus
Helicopters (formerly Eurocopter, Eurocopter France,
A[eacute]rospatiale) Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1,
AS 350 B2, AS 350 B3, AS 350 D, EC 130 B4, and EC 130 T2 helicopters;
Model AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N, and AS 355 NP
helicopters; and Model SA 365 C1, SA 365 C2, SA 365 C3, SA 365 N, SA
365 N1, AS 365 N2, and AS 365 N3 helicopters; all serial numbers. Model
AS 350 BB and SA 365 C3 helicopters are not certificated by the FAA and
are not included on the U.S. type certificate data sheet; this proposed
AD therefore does not include those helicopters in the applicability.
    This proposed AD was prompted by a report of increased vibration
during flight by the crew of an Airbus Helicopters Model AS 365
helicopter. Subsequent investigation found a total loss of tightening
torque of one screw connecting the MR pitch rod to the horn of its
upper link, which led to abnormal wear of the screw and consequently
increased the vibrations coming from the MR control chain to the
pilot's flight controls. The MR pitch rod upper link installation is
identical on Model AS 350, EC 130, AS 355, SA 365 and AS 365
helicopters, therefore, these models may be subject to the unsafe
condition revealed on the Model AS 365 helicopter. The FAA is proposing
this AD to address loss of tightening torque of the screws connecting
the MR pitch rods to the horns of the upper links. This condition, if
not addressed, could result in loss of one or more MR pitch rod upper
links, possibly resulting in loss of control of the helicopter. See
EASA AD 2021-0048 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0048 requires the application of alignment markings on
the screw, washer, nut, and horn on both sides of each MR pitch rod
upper link, and repetitive visual inspections of the two alignment
markings to determine if the markings are aligned on both sides. If,
during any inspection the markings on one or both sides of a MR pitch
rod upper link are found misaligned, the additional actions and
corrective actions include the following.
     Measuring the tightening torque value of the nut of the
pitch rod upper link and adjusting the nut if it does not meet the
specified criteria.
     Inspecting the pitch rod upper link to determine the
condition of the bush (bushing) and spherical bearing and to determine
if the cups are tight (paint mark in place), and measuring the play. If
there is seizing, carbide chips, or the cups are loose (paint mark not
in place), the corrective actions include replacing the spherical
bearing. If the play measurement is greater than the specified
measurement the corrective action is replacing the rod end fitting.
Additional actions include checking the bonding and condition of the
retaining ring and inspecting the pitch rod bodies for evidence of any
impact, scratch, strike, or corrosion.
     Inspecting the pitch rods for chipped finish paint,
scratches, impacts, and cracking, and measuring the play. If paint is
chipped the corrective action is repair (sanding the affected area and
applying touch-up primer and paint). If there is any scratch, an impact
with a depth equal to or greater than the specified measurement, or any
crack, the corrective action is replacing the pitch rod. If the play
measurement is greater than 0.25 mm or there is cracking, the
corrective action is replacing the spherical bearing. An additional
action, if a helicopter was involved in an incident, is inspecting the
straightness of the rod body ``R'' and replacing the pitch rod if the
straightness of the rod body is greater than 0.5 mm.
     Inspecting the pitch horn for any evidence of impact,
scratch, corrosion, chipped paint, cracking, and any elongated
attachment hole; and inspecting the bonding of the retaining ring and
measuring dimension ``X'' of the retaining ring. If there is any
evidence of impact, scratch, or corrosion, and the depth meets the
specified criteria, the corrective actions include touching up the
affected area with an abrasive cloth and applying a protective coating
and a coat of primer. If there is any cracking, elongated attachment
hole, or the impact, scratch, or corrosion depth exceeds the specified
criteria, the corrective action is replacing the pitch horn. If paint
is chipped the corrective actions include sanding the affected area and
applying touch-up primer and paint. If the retaining ring has debonded
the corrective action is to rebond the retaining ring. If dimension
``X'' of the retaining ring exceeds the specified

criteria, the corrective action is replacing the retaining ring.
     Measuring the geometry of ``G'' of the pitch horn and
replacing the pitch horn if the dimension is not within the specified
range.
     Installing new split pins, nuts, washers, and a screw on
the pitch rod upper link.
    This material 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.

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 about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0048, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0048 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0048 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0048 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0048. Service information required by EASA AD 2021-0048 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0947 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,266 helicopters of U.S. Registry. The FAA estimates the
following costs to comply with this proposed AD:

                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
         Action                   Labor cost            Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection..............  0.50 work-hour x $85 per                $0  $42.50 per            $53,805 per
                           hour = $42.50 per                           inspection cycle.     inspection cycle.
                           inspection cycle.
----------------------------------------------------------------------------------------------------------------
* The FAA has determined that application of alignment markings would take a minimal amount of time at a nominal
  cost.

    The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the proposed inspection.
The agency 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
----------------------------------------------------------------------------------------------------------------
Screw, Washer, Nut, and Split Pin Replacement.  1 work-hour x $85 per hour = $85             $40            $125
Spherical Bearing Replacement.................  4 work hours x $85 per hour =               $500            $840
                                                 $340.
Pitch Rod Replacement.........................  4 work hours x $85 per hour =             $3,000          $3,340
                                                 $340.
Pitch Horn Replacement........................  16 work hours x $85 per hour =            $4,000          $5,360
                                                 $1360.
----------------------------------------------------------------------------------------------------------------
* The FAA has determined that ``repair'' of chipped paint would take a minimal amount of time at a nominal cost.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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:

Airbus Helicopters: Docket No. FAA-2021-0947; Project Identifier
MCAI-2021-00195-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus Helicopters helicopters,
certificated in any category, identified in paragraphs (c)(1)
through (3) of this AD, all serial numbers.
    (1) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D,
EC130B4, and EC130T2 helicopters.
    (2) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP
helicopters.
    (3) Model SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, and
AS 365 N3 helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

(e) Unsafe Condition

    This AD was prompted by a report of increased vibration during
flight on an Airbus Helicopters Model AS 365 helicopter. Subsequent
investigation found a total loss of tightening torque of one screw
connecting the main rotor (MR) pitch rod to the horn of its upper
link, which led to abnormal wear of the screw and consequently
increased the vibrations coming from the MR control chain to the
pilot's flight controls. The FAA is issuing this AD to address loss
of tightening torque of the screws connecting the MR pitch rods to
the horns of the upper links. The unsafe condition, if not
addressed, could result in loss of one or more MR pitch rod upper
links, possibly resulting in loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0048, dated February 16, 2021 (EASA AD 2021-0048).

(h) Exceptions to EASA AD 2021-0048

    (1) Where EASA AD 2021-0048 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0048 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0048 specifies discarding parts, this AD requires removing those
parts from service.
    (4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0048.
    (5) Where a work card in the service information referenced in
EASA AD 2021-0048 specifies returning a part to the manufacturer,
this AD does not include that requirement.
    (6) For Model AS350 helicopters: For the visual inspection of
the pitch rod upper link, where a work card in the service
information referenced in EASA AD 2021-0048 specifies to do an
inspection of a pitch rod body for any dent, impact, scratch, or
corrosion, and any dent, impact, scratch, or corrosion is found,
this AD requires replacing the pitch rod before further flight.
    (7) For Model AS355 helicopters: For the visual inspection of
the pitch rod upper link, where a work card in the service
information referenced in EASA AD 2021-0048 specifies to do an
inspection of a pitch rod body for any impact, scratch, strike, or
corrosion, and any impact, scratch, strike, or corrosion is found,
this AD requires replacing the pitch rod before further flight.
    (8) For Model SA365 helicopters: For the visual inspection of
the pitch rod upper link, where a work card in the service
information referenced in EASA AD 2021-0048 specifies to ``check
bonding and state retaining ring on the pitch rods,'' and any
discrepancy (e.g., disbonding) is found and no corrective action is
specified, before further flight, contact the Manager, General
Aviation & Rotorcraft Section, International Validation Branch FAA;
or EASA; or Airbus Helicopters' EASA Design Organization Approval
(DOA); for approved corrective actions, and accomplish those actions
before further flight. If approved by the DOA, the approval must
include the DOA-authorized signature.
    (9) For Model SA365 helicopters: For the visual inspection of
the pitch horn, if any discrepancy (corrosion, scratch, impact,
crack, or debonded retaining ring) is found during the inspection of
the pitch horn and there is no corrective action specified in the
work card in the service information referenced in EASA AD 2021-
0048, before further flight, contact the Manager, General Aviation &
Rotorcraft Section, International Validation Branch, FAA; or EASA;
or Airbus Helicopters' EASA DOA; for approved corrective actions,
and accomplish those actions before further flight. If approved by
the DOA, the approval must include the DOA-authorized signature.
    (10) For Model AS365 helicopters: For the visual inspection of
the pitch horn, where a work card in the service information
referenced in EASA AD 2021-0048 specifies to do a dye penetrant
inspection ``if in doubt,'' this AD requires doing a dye penetrant
inspection.
    (11) For Model AS350 and EC130 helicopters: Where a work card in
the service information referenced in EASA AD 2021-0048 refers to
``the pitch change lever,'' for this AD, that term is equivalent to
``pitch horn.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0048
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to: [email protected].
    (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.

(l) Related Information

    (1) For EASA AD 2021-0048, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may view this
material at the 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
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0947.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

    Issued on October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23515 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32913-32915]
[FR Doc No: 2019-14674]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-20-000]

Commission Information Collection Activities (FERC Form Nos. 6
and 6-Q); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collections and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collections FERC Form Nos. 6 (Annual Report of Oil Pipeline
Companies) and 6-Q (Quarterly Report of Oil Pipeline Companies) and
submitting the information collections to the Office of Management and
Budget (OMB) for review. Any interested person may file comments
directly with OMB and should address a copy of those comments to the
Commission as explained below. On April 15, 2019, the Commission
published a Notice in the Federal Register in Docket No. IC19-20-000
requesting public comments. The Commission received two public comments
and will indicate that in its submittals to OMB.

DATES: Comments on the collections of information are due August 9,
2019.

ADDRESSES: Comments filed with OMB, identified by OMB Control Nos.:
1902-0022 (FERC Form No. 6) and 1902-0206 (FERC Form No. 6-Q), should
be sent via email to the Office of Information and Regulatory Affairs:
<EMAIL_ADDRESS>Attention: Federal Energy Regulatory
Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC19-20-000, by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Titles: FERC Form Nos. 6 (Annual Report of Oil Pipeline Companies)
and 6-Q (Quarterly Report of Oil Pipeline Companies).
    OMB Control Nos.: 1902-0022 (FERC Form No. 6) and 1902-0206 (FERC
Form No.6-Q).
    Type of Respondent: Oil pipeline.
    Type of Request: Three-year extension of FERC Form Nos. 6 and 6-Q
information collections with no changes to the current reporting and
recordkeeping requirements.\1\
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    \1\ FERC Form Nos. 6 and 6-Q are part of the ``Forms Refresh''
effort, which is a separate activity and not addressed here. See
Revisions to the Filing Process for Commission Forms, 166 FERC ]
61,027 (2019) (started in Docket No. AD15-11 and ongoing in Docket
No. RM19-12). (OMB issued its decisions on the proposed changes in
the Forms Refresh Notice of Proposed Rulemaking in Docket No. RM19-
12 on March 14, 2019.) In addition, this submittal does not reflect
Docket No. RM15-19 (Petition for a Rulemaking of the Liquids
Shippers Group, et al., (2015)) and Docket No. RM17-1 (Revisions to
Indexing Policies and Page 700 of FERC Form No. 6 (2016)).
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    Abstract: Under the Interstate Commerce Act (ICA),\2\ the
Commission is authorized and empowered to make investigations and to
collect and record data to the extent the Commission may consider to be
necessary or useful for the purpose of carrying out the provisions of
the ICA. The Commission must ensure just and reasonable rates for
transportation of crude oil and petroleum products by pipelines in
interstate commerce.
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    \2\ 49 U.S.C. part 1, Section 20, 54 Stat. 916.
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FERC Form No. 6, Annual Report of Oil Pipeline Companies

    In 1977, the Department of Energy Organization Act transferred to
the Commission from the Interstate Commerce Commission (ICC) the
responsibility to regulate oil pipeline companies. In accordance with
the transfer of authority, the Commission was delegated the
responsibility to require oil pipelines to file annual reports of
information necessary for the Commission to exercise its statutory
responsibilities.\3\ The transfer included the ICC Form P, the
predecessor to FERC Form No. 6.\4\
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    \3\ Section 402(b) of the Department of Energy Organization Act
(DOE Act), 42 U.S.C. 7172 provides that; ``[t]here are hereby
transferred to, and vested in, the Commission all functions and
authority of the Interstate Commerce Commission or any officer or
component of such Commission where the regulatory function
establishes rates or charges for the transportation of oil by
pipeline or established the valuation of any such pipeline.''
    \4\ The ICC developed the Form P to collect information on an
annual basis to enable it to carry out its regulation of oil
pipeline companies under the Interstate Commerce Act. A
comprehensive review of the reporting requirements for oil pipeline
companies was performed on September 21, 1982, when the Commission
issued Order No. 260 revising the former ICC Form P, ``Annual Report
of Carriers by Pipeline'' and redesignating it as FERC Form No. 6,
``Annual Report of Oil Pipeline Companies''.
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    To reduce burden on industry, FERC Form No. 6 has three tiers of
reporting requirements:
    1. Each oil pipeline carrier whose annual jurisdictional operating
revenues has been $500,000 or more for each of the three previous
calendar years must file FERC Form No. 6 (18 CFR 357.2 (a)). Oil
pipeline companies subject to the provisions of section 20 of the ICA
must submit FERC Form No. 6-Q. 18 CFR 357.4(b)). Newly established
entities must use projected data to determine whether FERC Form No. 6
must be filed.
    2. Oil pipeline carriers exempt from filing FERC Form No. 6 whose
annual

jurisdictional operating revenues have been more than $350,000 but less
than $500,000 for each of the three previous calendar years must
prepare and file page 301, ``Operating Revenue Accounts (Account 600),
and page 700, ``Annual Cost of Service Based Analysis Schedule,'' of
FERC Form No. 6. When submitting pages 301 and 700, each exempt oil
pipeline carrier must include page 1 of FERC Form No. 6, the
Identification and Attestation schedules (18 CFR 357.2(a)(2)).
    3. Oil pipeline carriers exempt from filing FERC Form No. 6 and
pages 301 and whose annual jurisdictional operating revenues were
$350,000 or less for each of the three previous calendar years must
prepare and file page 700, ``Annual Cost of Service Based Analysis
Schedule,'' of FERC Form No. 6. When submitting page 700, each exempt
oil pipeline carrier must include page 1 of FERC Form No. 6, the
Identification and Attestation schedule (18 CFR 357.2(a)(3)).
    The Commission uses the data in FERC Form Nos. 6 and 6-Q to perform
audits and reviews on the financial condition of oil pipelines; assess
energy markets; conduct oil pipeline rate proceedings and economic
analysis; conduct research for use in administrative litigation; and
administer the requirements of the ICA. Data from FERC Form No. 6
facilitates the calculation of the actual rate of return on equity for
oil pipelines. The actual rate of return on equity is particularly
useful information when evaluating a pipeline's rates.
    The Commission also uses data on Page 301 of FERC Form No. 6 to
compute annual charges which are then assessed against oil pipeline
companies to recover the Commission's annual costs as mandated by Order
No. 472. The annual charges are required by Section 3401 of the Omnibus
Budget Reconciliation Act of 1986.
    Furthermore, the majority of state regulatory commissions use FERC
Form Nos. 6 and 6-Q and the Commission's Uniform System of Accounts
(USofA) to satisfy their reporting requirements for those companies
under their jurisdiction. In addition, the public uses the data in FERC
Form Nos. 6 and 6-Q to assist in monitoring rates, the financial
condition of the oil pipeline industry, and in assessing energy
markets.

FERC Form No. 6-Q, Quarterly Report of Oil Pipeline Companies

    Oil pipeline companies subject to the provisions of section 20 of
the ICA must submit FERC Form No. 6-Q. 18 CFR 357.4(b)). The Commission
uses the information collected in FERC Form No. 6-Q to carry out its
responsibilities in implementing the statutory provisions of the ICA to
include the authority to prescribe rules and regulations concerning
accounts, records, and memoranda, as necessary or appropriate.
Financial accounting and reporting provides necessary information
concerning a company's past performance and its future prospects.
Without reliable financial statements prepared in accordance with the
Commission's USofA and related regulations, it would be difficult for
the Commission to accurately determine the costs that relate to a
particular time period, service, or line of business.
    The Commission uses data from FERC Form No. 6-Q to assist in: (1)
Implementation of its financial audits and programs; (2) continuous
review of the financial condition of regulated companies; (3)
assessment of energy markets; (4) rate proceedings and economic
analyses; and (5) research for use in litigation.
    Financial information reported on the quarterly FERC Form No. 6-Q
provides the Commission, as well as customers, investors and others, an
important tool to help identify emerging trends and issues affecting
jurisdictional entities within the energy industry. It also provides
timely disclosures of the impacts that new accounting standards, or
changes in existing standards, have on jurisdictional entities, as well
as the economic effects of significant transactions, events, and
circumstances. The reporting of this information by jurisdictional
entities assists the Commission in its analysis of profitability,
efficiency, risk, and in its overall monitoring.
    Comments: Two commenters, the Bureau of Economic Analysis (BEA) \5\
and the Liquids Shippers Group (LSG) \6\ filed comments in response to
the 60-day notice. There were no comments filed in opposition to the
collection.
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    \5\ BEA's comments are posted in FERC eLibrary at https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=15227493 and
https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=15227494.
    \6\ The LSG's comments are posted in FERC eLibrary at https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=15274579.
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    BEA's Comments: BEA's comments broadly support the collection and
outline the manner in which BEA utilizes FERC Form Nos. 6 and 6-Q data.
BEA states that the forms are used to estimate the U.S. Census Bureau's
construction value put-in-place (VPIP) for oil pipeline utilities,
which, according to BEA, serves as a major source data input to the
national income and product account (NIPA) for structures investment
estimates. BEA notes that the NIPA estimates for electric, gas, and
pipeline structures rely on the VPIP source data and that estimates of
utility industry structures investment for the BEA fixed assets
accounts relies on the VIP-based NIPA structure estimates.
    BEA further notes that FERC Form No. 6 data is used indirectly to
derive annual pipeline transportation output in the industry accounts
program. BEA explains that data obtained by the industry account from
the Association of Oil Pipelines ``Shifts in Petroleum Transportation''
report is based, in part, on this survey. BEA concludes that FERC Form
No. 6 information is considered an indispensable data source to the
NIPA estimates and industry accounts estimates because it is used
indirectly through the VPIP program and the trade association.
    Finally, BEA requests that the Commission keep BEA informed of any
modifications to FERC Form Nos. 6 and 6-Q, and notes, in particular,
that BEA is particularly interested in any modifications proposed
during the forms approval process that would substantially affect BEA's
use of the data.
    Commission Response: As discussed above, the public utilizes the
data in FERC Form Nos. 6 and 6-Q to assist in monitoring rates, the
financial condition of the oil pipeline industry, and in assessing
energy markets. BEA's comments in support of the collection of the Form
Nos. 6 and 6-Q data provide tangible examples of this utilization and
reflect the public benefit of reporting FERC Form Nos. 6 and 6-Q
information.
    With respect to BEA's interest in any modifications to FERC Form
Nos. 6 and 6-Q, we emphasize that we are not changing the information
to be collected in this proceeding.
    The LSG's Comments: The LSG supports the continuation of the FERC
Form Nos. 6 and 6-Q information collections. The LSG states that the
data helps the Commission and shippers to evaluate the reasonableness
of pipeline rates. In addition, the LSG recommends that the Commission
modify the FERC Form No. 6 in order to enhance the quality, utility and
clarity of the information collection. The LSG explains that in April
2015, the LSG, the Airlines for America and the National Propane Gas
Association filed a joint Petition for Rulemaking in Docket No. RM15-
19-000. The petition asked the Commission to issue a proposed rule to
modify FERC Form No. 6 in two respects: (1) Require certain pipelines
to file disaggregated Page 700 data; and (2)

require all pipelines to file or make Page 700 workpapers available to
shippers and interested parties upon request, not just to FERC staff.
The LSG also explains that it participated in the Commission's July
2015 technical conference on the Petition for Rulemaking.
    The LSG states that it welcomed the Commission's decision to issue
an Advanced Notice of Proposed Rulemaking (ANOPR) in October 2016 in
Docket No. RM17-1.\7\ According to the LSG, the Commission stated that
it was considering issuing a NOPR to propose certain changes to the
FERC Form No. 6, Page 700 reporting requirement in order to further
enhance financial reporting transparency. The LSG notes that in its
comments to the ANOPR, it encouraged the Commission to propose rule
changes to require a sub-set of pipelines to file disaggregated Page
700 data in the form of the supplemental Page 700s that it explains was
contemplated by the Commission in the ANOPR. The LSG states that it
supported the Commission's proposal to require a pipeline to file
disaggregated Page 700 data if it has both crude oil and petroleum
product systems. The LSG further states that it supported the
Commission's proposal to require a pipeline to file supplemental Page
700s for: (1) ``non-contiguous (geographically separate) pipeline
systems;'' and (2) ``major pipeline systems'' with certain suggested
modifications to those criteria. According to the LSG, the aggregated
data reported on Page 700 does not currently provide a shipper with the
information it needs to determine whether certain pipelines are over-
recovering on a specific pipeline or segment.
---------------------------------------------------------------------------

    \7\ Revisions to Index Policies and Page 700 of FERC Form No. 6,
157 FERC 61,047 (2016).
---------------------------------------------------------------------------

    The LSG states that in its comments to the ANOPR, it encouraged the
Commission to propose to revise Page 700 to require all pipelines to
disaggregate Page 700 revenue, barrel and barrel-mile data associated
with cost-based rates, non-cost based rates and other jurisdictional
revenues such as penalties. In addition, the LSG states that it
recommended that the Commission also propose to require all pipelines
to include information regarding pipeline loss allowance revenues in
the ``other jurisdictional revenues'' category because, according to
the LSG, it is unclear whether those revenues are being recorded by
pipelines on Page 700 in a uniform and consistent manner.
    The LSG explains that in its comments to the ANOPR, it also
reiterated the call for the Commission to require all pipelines to make
their Page 700 workpapers available to a shipper or interested person
upon request, not just to the Commission and FERC staff. The LSG
suggested that there is no logical basis for, and no public interest
served by, the requirement that pipelines provide their workpapers only
to the Commission and Commission staff. According to the LSG, shippers
should have the tools they need to bear the burden of evaluating the
reasonableness of rates and bringing challenges to the pipeline's
rates.
    For the reasons stated in its comments to the ANOPR, the LSG
recommends that the Commission issue a Notice of Proposed Rulemaking
(NOPR) in which the Commission proposes the suggested modifications to
the FERC Form No. 6.
    Commission Response: The Commission and the public utilize the data
in FERC Form Nos. 6 and 6-Q to assist in monitoring rates, the
financial condition of the oil pipeline industry, and in assessing
energy markets. The LSG's comments in support of the continued
collection of FERC Form Nos. 6 and 6-Q data reflect the public benefit
of reporting this information.
    LSG's FERC Form No. 6 modification suggestions are currently before
the Commission in Docket No. RM15-19-000 for consideration in that
proceeding.

                                          Estimates of Annual Burden 8 and Cost 9 for FERC Form Nos. 6 and 6-Q
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number                                              Total annual burden
                                          Number of     of responses    Total number   Average burden hours and   hours and total annual     Cost per
                                         respondents   per respondent   of responses     cost ($) per response           cost ($)         respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC Form No. 6......................             244               1             244  161 hrs.; $12,719.......  39,284 hrs.; $3,103,436         $12,719
FERC Form No. 6-Q....................             244               3             732  150 hrs.; $11,850.......  109,800 hrs.;                    35,550
                                                                                $8,674,200.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.
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    \8\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 Code of Federal Regulations 1320.3.
    \9\ Commission staff estimates that the industry's average cost
(for wages and benefits) for completing and filing FERC Form Nos. 6
and 6-Q are comparable to the Commission's average cost. Therefore,
we are using the FERC 2018 average salary plus benefits (for one
FERC full-time equivalent, or FTE) of $164,820/year (or $79.00/
hour).

    Dated: July 3, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-14674 Filed 7-9-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Proposed Rules]
[Pages 69006-69007]
[FR Doc No: 2013-27479]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 16 and 112

[Docket No. FDA-2011-N-0921]
RIN 0910-AG35

Environmental Impact Statement for the Proposed Rule: Standards
for Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Extension of comment period for the Environmental Impact
Statement for the proposed rule.

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SUMMARY: The Food and Drug Administration (FDA or we) is extending the
comment period for the ``Notice of Intent to Prepare an Environmental
Impact Statement for the Proposed Rule: Standards for Growing,
Harvesting, Packing, and Holding of Produce for Human Consumption''
that appeared in the Federal Register of August 19, 2013. We are taking
this action to allow interested persons an opportunity to provide
comment on the scope of issues the Agency should include in the
Environmental Impact Statement (EIS), including their significance, as
part of the scoping process for the EIS.

DATES: The date(s) and location(s) of any scoping meetings, if
determined to be necessary, will be announced at least 15 days in
advance through FDA Web site's at http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm334114.htm. Comments on the scope of issues
the Agency should include in the EIS may be submitted in writing until
March 15, 2014.

ADDRESSES: You may submit comments on the scope of issues the Agency
should include in the EIS, identified by Docket No. FDA-2011-N-0921
and/or Regulatory Information Number (RIN) 0910-AG35, by any of the
following methods:

Electronic Submissions

    Submit electronic comments in the following way:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     Mail/Hand delivery/Courier (for paper or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2011-N-0921, and RIN 0910-AG35 for this rulemaking.
All comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For
additional information on submitting comments, see the ``Request for
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Annette McCarthy, Center for Food
Safety and Applied Nutrition (HFS-205), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of August 19, 2013 (78 FR 50358), we
published a notice of intent entitled ``Notice of Intent to Prepare an
Environmental Impact Statement for the Proposed Rule: Standards for
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption'' with a comment period extending through November 15,
2013, to announce the beginning of the scoping process. We solicited
public comments and requested public input to identify issues to be
analyzed in an EIS.
    The purpose of the public scoping process for the EIS is to
determine relevant issues that will influence the scope of the
environmental analysis, including potential alternatives, and the
extent to which those issues and impacts will be analyzed in the EIS.
Federal, State, and local agencies, along with tribes and other
stakeholders that may be interested in or affected by the produce
safety rule are invited to participate in the scoping process. FDA has
previously sought comment on potential environmental effects as part of
the public comment period for the proposed rule, including specific
questions regarding agricultural water, biological soil amendments of
animal origin, and wildlife (78 FR 3504 at 3616, 3619-3620; January 16,
2013). FDA believes that these questions are still relevant to the
environmental analysis and will consider comments received.
    FDA is granting an extension of the public scoping period to allow
the public additional time to provide comment and for FDA to hold, as
appropriate, one or more public scoping meetings during this time
period. As part of the scoping process, the Agency will determine the
range of actions, alternatives, and impacts to be considered in the
EIS. This notice does not extend the comment period on the produce
safety proposed rule published on January 16, 2013 (78 FR 3504). As
previously announced (78 FR 48637, August 9, 2013), the comment period
on the produce safety proposed rule closes on November 15, 2013.

II. Request for Comments

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

    Dated: November 12, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-27479 Filed 11-15-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18114-18116]
[FR Doc No: 2015-07317]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-1029]
RIN 1625-AA09

Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Simpson Avenue Bridge on the Hoquiam River,
mile 0.5, at Hoquiam, Washington. This temporary final rule is
necessary to accommodate Washington State Department of
Transportation's (WSDOT) extensive maintenance and restoration efforts
on this bridge. WSDOT will only open one leaf of the double leaf
bascule bridge when at least two hours of notice is given.

DATES: This temporary final rule is effective from 7 a.m. on April 1,
2015 to 11 p.m. on November 30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-1029. 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. The telephone number is
202-366-9329.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of three
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule change, call or email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard District Bridge Program Office,
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On January 2, 2015, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Hoquiam
River, Hoquiam, WA'' in the Federal Register (80 FR 21). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register because to wait otherwise would be
impracticable because WSDOT's work will commence on April 1, 2015 and,
as noted below, there is no indication that the change will have a
significant impact on any waterways users.

B. Basis and Purpose

    WSDOT, who owns and operates the Simpson Avenue Bridge on the
Hoquiam River in Hoquiam, Washington, has requested a change to the
bridge's existing operating regulations in order to facilitate the
maintenance and restoration of the bridge. The restoration project will
entail painting, rust removal, and steel repairs which require a full
containment system to keep paint and debris out of the Hoquiam River.
    In an effort to accommodate both the needs of the waterway and
highway users, WSDOT has requested a rule change in order to eliminate
the need to repeatedly uninstall and reinstall the containment system.
As such, the Coast Guard will change the bridge's current operating
regulation from April 1, 2015 to November 30, 2015. During that time
the drawbridge would be maintained in the closed position except that,
upon at least two hours advance notice, one leaf of the double leaf
bascule bridge would be opened.
    Vessels that are able to transit under the bridge without an
opening will be free to do so. However, the existing vertical
navigation clearance of the closed draw span leaf (one half of the
double leaf draw bridge), will be reduced from approximately 35 feet to
approximately 25 feet at mean high tide and the horizontal navigation
clearance will be reduced from 125 feet to approximately 52 feet.
Navigation clearance reduction is due to the installation of a required
containment system.
    Vessel traffic along this part of the Hoquiam River consists of
vessels ranging from commercial tug and barge to small pleasure craft.
WSDOT has examined bridge opening logs and contacted all waterway users
that have requested bridge openings throughout the last year. The input
WSDOT received from waterway users indicated that the temporary rule
change will have no impact on the known users.

C. Discussion of Final Rule

    The Coast Guard will revise the operating regulations at 33 CFR
117.1047. The regulation currently states that the Simpson Avenue
Bridge shall open on signal if at least one hour notice is given. The
Coast Guard will change the regulation such that from 7 a.m. on April
1, 2015 to 6 p.m. on November 30, 2015, the draw of the Simpson Avenue
Bridge, on the Hoquiam River at mile 0.5, at Hoquiam, Washington, shall
open half of the bascule (single leaf) when at least two hours of
advance notice is given. No alternate routes are available for this
waterway. Vessels that can transit under the bridge without an opening
may do so at any time, although the existing vertical navigation
clearance of the closed draw span (one half of the double leaf draw
bridge), will be reduced from approximately 35 feet to approximately 25
feet at mean high tide and the horizontal navigation clearance will be
reduced from 125 feet to approximately 52 feet. Navigation clearance
reduction is due to the installation of a required containment system.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard has made
this finding based on the fact that all requested bridge openings will
be granted with advance notification and vessels that can safely
transit under the bridge may do so at any time.

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
would not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels needing to
transit the bridge at any time of day. This rulemaking will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The bridge will still be able to open upon
advance notification.

3. Assistance for Small Entities

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

4. Collection of Information

    This rule calls for no 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, after receiving no comments,
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 will not result in
such 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

    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 would not create an
environmental risk to health or risk to safety that might
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 action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
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 simply promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117 Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

Sec.  117.1047  [Amended]

0
2. In Sec.  117.1047, effective 7 a.m. on April 1, 2015 until 6 p.m. on
November 30, 2015, suspend paragraph (c) and add paragraph (e) to read
as follows:

Sec.  117.T1047  Hoquiam River.

* * * * *
    (e) Half of the draw (single leaf) of the Simpson Avenue Bridge,
mile 0.5, at Hoquiam, WA, shall open on signal if at least a two hour
notice is given by telephone or VHF radio to the Washington State
Department of Transportation. The opening signal is two prolonged
blasts followed by one short blast.

    Dated: March 18, 2015.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2015-07317 Filed 4-1-15; 11:15 am]
 BILLING CODE 9110-04-P