UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 April 4, 2006 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES MEMORANDUM SUBJECT: Usage Report Package in Support of Reregistration for the Fungicide Propiconazole ( 122101) DP # 327918 FROM: Jenna Carter, Botanist Science Information & Analysis Branch Biological and Economic Analysis Division ( 7503C)

THRU: Steve Jarboe, Team Leader Science Information & Analysis Branch Biological and Economic Analysis Division ( 7503C)

TO: Christing Scheltema, CRM Reregistration Branch III Special Review and Registration Division ( 7508C)

Reviewer: Art Grube Attached is the usage report/ package for the fungicide, propiconazole. The reports included in this package are electronically transmitted to Reviewers or Team Members in the Office of Pesticides Programs ( OPP) in support of the Reregistration and/ or Registration process and designed to help in the scientific assessments of this chemical. These reports are written in various formats ( MS Word, Excel), so it is advised to open or save each report to view or print from the appropriate program. For questions, comments and other usage or label use information requests, please contact the name( s) listed on the memorandum header, the OPP Usage and Label Use Team ( our group e mail address in Lotus Notes), or: Jihad Alsadek ( 308 8140), Jenna Carter ( 308 8370), Steve Jarboe ( 308 8105), Sharlita Harris ( 308 8147), or Rafael Prieto ( 308 8152). You can also complete the feedback form at your convenience. The Usage and Label Use Team ( ULUT) looks forward to hearing from you. Note: If the BEAD usage report ( SLUA or otherwise) is more than two ( 2) years old, please check with the OPP Usage and Label Use Team ( also our e mail address) to determine if there is more recent usage data available.

The Usage report( s) electronically transmitted through Lotus Notes links include:

9 Refined Usage cc: Richard Michell, Andrew Lee, Timothy Kiely Propiconazole Refined Usage At the request of the Special Review and Reregistration Division and the Biological and Economic Effect Division, the Usage and Label Use Team has prepared an analysis of national usage for agricultural crops. A five year average was calculated using EPA source data along with USDA NASS ( 2000 2004).

Table 1. Propiconazole National Agricultural Usage Crop Average Annual Amount Used ( Lbs. Active Ingredient) Average Annual Total Area Treated ( A) Average Annual Percent Crop Treated Almonds 830 8,000 > 5 Apples 33 300 > 1 Apricots 840 8,100 29 Barley 11,000 150,000 3 Celery 2,500 23,000 49 Cherries 3,900 36,000 18 Dry Beans/ Peas 560 5,300 51 Filberts 1,500 8,500 19 Grapes, Table 21 190 1 Peaches 12,000 110,000 31 Peanuts 48,000 810,000 73 Pecans 38,000 410,000 18 Prunes 4,400 40,000 18 Pumpkin 110 720 1 Rice 58,000 420,000 55 Sweet Corn 15,000 140,000 11 Watermelon 0 58 > 1 Wheat, Spring 57,000 780,000 56 Wheat, Winter 91,000 940,000 62 EPA Source Data and USDA NASS ( 2000 2004)


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62729-62732]
[FR Doc No: 2021-23834]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 16

[EPA-HQ-OECA-2021-0552; FRL-8948-02-OMS]

Privacy Act Regulations for EPA-79

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to revise the Agency's Privacy Act regulations to exempt a
new system of records, EPA-79, the NEIC Master Tracking System, from
certain requirements of the Privacy Act because records in EPA's
National Enforcement Investigation Center (NEIC) Master Tracking System
are maintained for use in civil and criminal actions.

DATES: This rule is effective on January 11, 2022 without further
notice unless EPA receives adverse comment by December 13, 2021. If EPA
receives adverse comment, it will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2021-0552, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael Roach, Chief, Infrastructure
and Project Support Branch, National Enforcement Investigations Center,
Office of Criminal Enforcement, Forensics and Training, U.S.
Environmental Protection Agency, Building 25--Box 25227, Denver Federal
Center, Denver, CO 80225; [email protected];<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. However, in the ``Proposed Rules'' section of this
issue of the Federal Register, we are publishing a separate document
that will serve as the proposed rule to exempt a new system of records,
EPA-79, the NEIC Master Tracking System, from certain requirements of
the Privacy Act if adverse comments are received on this direct final
rule. We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

II. General Information

    The EPA published a Privacy Act system of records notice for
information collected using the NEIC Master Tracking System (86 FR
60033, October 29, 2021). The system supports and documents
investigations of persons or organizations alleged to have violated any
Federal environmental statute or regulation or, pursuant to a
cooperative agreement with a state, local, or tribal authority, an
environmental statute or regulation of such authority. NEIC

maintains information related to such investigative efforts, including
the nature of work, investigation outcomes, required resources, and
information about the supporting staff.
    The EPA compiles and maintains the records in the NEIC Master
Tracking System for use in criminal and civil investigations and
actions. This system of records, EPA-79, is maintained by the Office of
Enforcement and Compliance Assurance, Office of Criminal Enforcement,
Forensics and Training, National Enforcement Investigations Center.
This component of EPA performs as its principal function, activities
pertaining to the enforcement of criminal laws.
    Pursuant to the Privacy Act, when information is maintained for the
purpose of civil actions, the relevant provision of the Privacy Act is
5 U.S.C. 552a(d)(5) which states ``nothing in this [Act] shall allow an
individual access to any information compiled in reasonable
anticipation of a civil action or proceeding.'' 5 U.S.C. 552a(d)(5).
    In addition, section (j)(2) of the Privacy Act provides that the
head of an agency may promulgate regulations to exempt the system from
certain provisions of the Act if the system is maintained by an agency
or component thereof which performs as its principal function any
activity pertaining to the enforcement of criminal laws, including
police efforts to prevent, control, or reduce crime or to apprehend
criminals, and the activities of prosecutors, courts, correctional,
probation, pardon, or parole authorities, and which consists of: (A)
Information compiled for the purpose of identifying individual criminal
offenders and alleged offenders and consisting only of identifying data
and notations of arrests, the nature and disposition of criminal
charges, sentencing, confinement, release, and parole and probation
status; (B) information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, and
associated with an identifiable individual; or (C) reports identifiable
to an individual compiled at any stage of the process of enforcement of
the criminal laws from arrest or indictment through release from
supervision. 5 U.S.C. 552a(j)(2). Accordingly the EPA is exempting such
records in the NEIC Master Tracking System, EPA-79, from 5 U.S.C.
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
(e)(5), (e)(8) and (f)(2)-(f)(5) and (g):
    (1) From subsection (c)(3) because making available to a named
individual an accounting of disclosures of records concerning him/her/
them could reveal investigative interest on the part of EPA and/or the
Department of Justice. This could allow record subjects to impede the
investigation, e.g., destroy evidence, intimidate potential witnesses,
or flee the area to avoid inquiries or apprehension by law enforcement
personnel. Further, such a disclosure could reveal the identity of a
confidential source and hamper the Agency's investigation.
    (2) From subsection (c)(4), which concerns providing notice to
others regarding corrections or disputed information in accordance with
subsection (d) of the Privacy Act, because no access to these records
is available under subsection (d) of the Act.
    (3) From subsection (d), which requires an agency to permit an
individual to access, contest or request amendment of records
pertaining to him/her/them, because the records contained in this
system relate to official Federal investigations. Individual access to
these records could compromise ongoing investigations, reveal
confidential informants and/or sensitive investigative techniques used
in particular investigations, or constitute unwarranted invasions of
the personal privacy of third parties who are involved in a certain
investigation.
    (4) From subsections (e)(1) and (e)(5), which require an agency to
collect/maintain only accurate and relevant information about an
individual, because the accuracy or relevance of information obtained
in the course of a law enforcement investigation is not always known
when collected. Material that may seem unrelated, irrelevant, or
incomplete when collected may take on added meaning or significance as
the investigation progresses. Also, in the interest of effective law
enforcement, it is appropriate to retain all information that may aid
in establishing patterns of criminal activity. Therefore, it would
impede the investigative process, whether civil or criminal, if it were
necessary to assure the relevance, accuracy, timeliness and
completeness of all information obtained.
    (5) From subsection (e)(2), which requires an agency to collect
information to the greatest extent practicable directly from the
subject individual when the information may result in adverse
determinations about the individual's rights, benefits, or privileges
under Federal programs. Application of this provision could impair
investigations and law enforcement by alerting the subject of the
investigation to the existence of the investigation. Further,
compliance with the requirements of this subsection during the course
of an investigation could impede the information gathering process or
cause the destruction of evidence, thus hampering the investigation.
    (6) From subsection (e)(3), which requires an agency to inform
those supplying information of its authority to collect the
information, its plans for using or sharing that information, and the
effects of not providing the requested information. The application of
this provision could provide the subject of the investigation with
substantial information about the nature of the investigation, which
could interfere with the investigation. To comply with the requirements
of this subsection during the course of an investigation could impede
the information gathering process especially when undercover operations
or confidential sources are used, thus hampering the investigation.
    (7) From subsections (e)(4)(G) and (H), which require an agency to
publish--in the Federal Register--procedures concerning access to
records, because no access to these records is available under
subsection (d) of the Privacy Act, for the reasons explained above in
the discussion of subsection (d).
    (8) From subsection (e)(8), which requires notice to an individual
whenever a record on such individual is made available to others under
compulsory legal process, because complying with this provision could
prematurely reveal an ongoing criminal investigation to the subject of
the investigation.
    (9) From subsections (f)(2), (f)(3), (f)(4) and (f)(5), concerning
agency rules for obtaining access to records under subsection d,
because this system is exempt from the access and amendment provisions
of subsection (d). Since EPA is claiming that this system of records is
exempt from subsection (d) of the Act, concerning access to records,
the requirements of subsections (f)(2) through (5) of the Act,
concerning agency rules for obtaining access to such records, are
inapplicable and are exempted to the extent that this system of records
is exempted from subsection (d) of the Act.
    (10) From subsection (g), which provides for civil remedies if an
agency fails to comply with certain requirements of the Act applicable
to a nonexempt system of records, because EPA is claiming that this
system of records is exempt from subsections (c)(3) and (4); (d);
(e)(1), (2), (3), (4)(G) and (H), (5), and (8); and (f)(2), through (5)
of the Act. The provisions of subsection (g) of the Act are
inapplicable to the extent that this

system of records is exempted from those subsections of the Act.
    The EPA also compiles and maintains the records in the NEIC Master
Tracking System for use in civil investigations and actions. In those
cases, the system again is maintained by the Office of Enforcement and
Compliance Assurance, Office of Criminal Enforcement, Forensics and
Training, National Enforcement Investigations Center. 5 U.S.C.
552a(k)(2) states that the head of an agency may promulgate regulations
to exempt the system from certain provisions of the Act if the system
``contains investigatory material compiled for law enforcement purposes
other than material within the scope of subsection (j)(2)'' of 5 U.S.C.
552a. Accordingly all such records in the NEIC Master Tracking System,
EPA-79, are exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H) and (f)(2) through (f)(5):
    (1) From subsection (c)(3) because making available to named
individual an accounting of disclosures of records concerning him/her/
them could reveal investigative interest on the part of EPA and/or the
Department of Justice. This could allow record subjects to impede the
investigation, e.g., destroy evidence, intimidate potential witnesses,
or flee the area to avoid inquiries or apprehension by law enforcement
personnel. Further, such a disclosure could reveal the identity of a
confidential source, and hamper the Agency's investigation.
    (2) From subsection (d), which requires an agency to permit an
individual to access, contest or request amendment of records
pertaining to him/her/them, because the records contained in this
system relate to official Federal investigations. Individual access to
these records could compromise ongoing investigations, reveal
confidential informants and/or sensitive investigative techniques used
in particular investigations, or constitute unwarranted invasions of
the personal privacy of third parties who are involved in a certain
investigation.
    (3) From subsection (e)(1), which requires each agency to maintain
only such information about an individual as is relevant and necessary
to accomplish a purpose of the agency, because in the course of law
enforcement investigations information may occasionally be obtained or
introduced the accuracy of which is unclear or which is not strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of criminal activity. Moreover,
it would impede any investigative process, whether civil or criminal,
if it were necessary to assure the relevance, accuracy, timeliness and
completeness of all information obtained.
    (4) From subsections (e)(4) (G) and (H), which require an agency to
publish--in the Federal Register-- procedures concerning access to
records, because no access to these records is available under
subsection (d) of the Privacy Act, for the reasons explained above in
the discussion of subsection (d).
    (5) From subsections (f)(2), (f)(3), (f)(4) and (f)(5) concerning
agency rules for obtaining access to records under subsection d,
because this system is exempt from the access and amendment provisions
of subsection (d). Since EPA is concluding that this system of records
is exempt from subsection (d) of the Act, concerning access to records,
the requirements of subsections (f)(2) through (5) of the Act,
concerning agency rules for obtaining access to such records, are
inapplicable and are exempted to the extent that this system of records
is exempted from subsection (d) of the Act.
    Finally, EPA is making conforming edits to the regulations to
remove references to the prior EPA-46 OCEFT/NEIC Master Tracking
System, which EPA-79 replaces.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action was submitted to the Office of Management and Budget
(OMB) for review and was reviewed without comment.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    This action does not impose an information collection burden under
the Paperwork Reduction Act (PRA). This action contains no provisions
constituting a collection of information under the PRA.

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (RFA). This action will not impose any requirements on
small entities.

E. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in
the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538, and does
not significantly or uniquely affect small governments.

F. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

L. The Congressional Review Act

    This rule is exempt from the Congressional Review Act (CRA) because
it is a rule of agency organization, procedure or practice that does
not substantially affect the rights or obligations of non-agency
parties.

List of Subjects in 40 CFR Part 16

    Environmental protection, Administrative practice and procedure,
Confidential business information, Government employees, Privacy.

Lynnann Hitchens,
Principal Deputy Assistant Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part
16 of the Code of Federal Regulations is amended as follows:

PART 16--IMPLEMENTATION OF PRIVACY ACT OF 1974

0
1. The authority citation for part 16 continues to read as follows:

    Authority:  5 U.S.C. 301, 552a (as revised).

0
2. Amend Sec.  16.11 by:
0
a. Revising paragraph (a);
0
b. Removing and reserving paragraph (c)(3);
0
c. Adding paragraph (c)(5);
0
d. Revising the heading and first two sentences of paragraph (d); and
0
e. Revising the introductory text of paragraph (e).
    The revisions and addition read as follows:

Sec.  16.11  General exemptions.

    (a) Systems of records affected. (1) EPA-17 OCEFT Criminal
Investigative Index and Files.
    (2) EPA-40 Inspector General's Operation and Reporting (IGOR)
System Investigative Files.
    (3) EPA-63 eDiscovery Enterprise Tool Suite.
    (4) EPA-79 NEIC Master Tracking System.
* * * * *
    (c) * * *
    (5) The Agency's system of records, EPA-79 system of records is
maintained by the National Enforcement and Investigations Center,
Office of Criminal Enforcement, Forensics and Training, a component of
EPA which performs as its principal function activities pertaining to
the enforcement of criminal laws. Authority for the criminal law
enforcement activities comes from Reorganization Plan No. 3 of 1970 (5
U.S.C. app. 1), effective December 2, 1970; Powers of Environmental
Protection Agency, 18 U.S.C. 3063; Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9603; Resource
Conservation and Recovery Act, 42 U.S.C. 6928; Federal Water Pollution
Control Act, 33 U.S.C. 1319, 1321; Toxic Substances Control Act, 15
U.S.C. 2614, 2615; Clean Air Act, 42 U.S.C. 7413; Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136j, 136l; Safe Drinking Water
Act, 42 U.S.C. 300h-2, 300i-1; Emergency Planning and Community Right-
To-Know Act of 1986, 42 U.S.C. 11045; and the Marine Protection,
Research, and Sanctuaries Act of 1972, 33 U.S.C. 1415.
    (d) Scope of exemption. EPA systems of records 17, 40, 63, and 79
are exempted from the following provisions of the PA: 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), and (H), (5), and
(8); (f)(2) through (5); and (g). To the extent that the exemption for
EPA systems of records 17, 40, 63 and 79 claimed under 5 U.S.C.
552a(j)(2) of the Act is held to be invalid, then an exemption under 5
U.S.C. 552a(k)(2) is claimed for these systems of records from (c)(3),
(d), (e)(1), (e)(4)(G) and (H), and (f)(2) through (5). * * *
    (e) Reasons for exemption. EPA systems of records 17, 40, 63, and
79 are exempted from the provisions of the PA in paragraph (d) of this
section for the following reasons:
* * * * *

0
3. Amend Sec.  16.12 by:
0
a. Revising paragraph (a)(1);
0
b. Revising the first sentence in paragraph (a)(4)(i);
0
c. Revising paragraph (a)(4)(iii); and
0
d. Revising the introductory text of paragraph (a)(5).
    The revisions read as follows:

Sec.  16.12  Specific exemptions.

    (a) * * *
    (1) Systems of records affected. (i) EPA-17 OCEFT Criminal
Investigative Index and Files.
    (ii) EPA-21 External Compliance Program Discrimination Complaint
Files.
    (iii) EPA-30 OIG Hotline Allegation System.
    (iv) EPA-40 Inspector General's Operation and Reporting (IGOR)
System Investigative Files.
    (v) EPA-41 Inspector General's Operation and Reporting (IGOR)
System Personnel Security Files.
    (vi) EPA-63 eDiscovery Enterprise Tool Suite.
    (vii) EPA-79 NEIC Master Tracking System.
* * * * *
    (4) * * *
    (i) EPA systems of records 17, 30, 40, 41, 63, and 79 are exempted
from the following provisions of the PA, subject to the limitations set
forth in 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (4)(G)
and (4)(H); and (f)(2) through (5). * * *
* * * * *
    (iii) EPA-17 OCEFT Criminal Investigative Index and Files, EPA-40
Inspector General's Operation and Reporting (IGOR) System Investigative
Files, and EPA-79 NEIC Master Tracking System are exempted under 5
U.S.C. 552a(j)(2), and these systems are exempted under 5 U.S.C.
552a(k)(2) only to the extent that the (j)(2) exemption is held to be
invalid.
    (5) Reasons for exemption. EPA systems of records 17, 21, 30, 40,
41, 63, and 79 are exempted from the provisions of the PA in paragraph
(a)(4) of this section for the following reasons:
* * * * *
[FR Doc. 2021-23834 Filed 11-10-21; 8:45 am]
BILLING CODE 6560-50-P


Cooling Water Intake Structure ( CWIS) Information Data Required Rig Information Rig Name Noble Sam Noble Rig Type Jackup Total Installed Power Generation Capacity 5,850 HP Number of Cooling Water Intake Structures ( CWISs) 4 Brief description of each CWIS ( e. g., sea chest, simple pipe) 2 Deep Well Hoses 2 Sea Chest Rough dimensions of each CWIS and indicate whether onboard CWIS has an existing flange 6" Deep Well; Flanged 10" Sea Chest; No Flange Screen type ( e. g., strainer, wedge wire) with mesh size Duplex Basket Strainer  Unlined Perforated Basket 5/ 32" holes Total Design Specifications for Daily Maximum Water Intake Volume of each CWIS 1,364,454 gals ( 34,287 bbls)

Total Daily Water Intake Volume of each CWIS ( Set up/ Drilling) 1,364,454 gals ( 34,287 bbls)

Design Specs for Through Screen Velocity of each CWIS ( i. e., Q= V* A) ( Set up/ Drilling) Deep Well = 1.0 ft. per second Sea Chest = 3.3 ft. per second List of Purposes of Cooling Water Intakes ( e. g., cool crude oil, produced water, power generators, drill pipe brakes) Brake Water Cooling, Engine Cooling List of Purposes of Non cooling Water Intakes ( e. g., fire water, hotel loads) Fire pump, Sanitary, Water Makers Total Volume of Water Intake for Ballasting, Duration of the Ballast intake, and the Through Screen Velocity of the Ballast intake 1,788,948 gal ( 42,594 bbls) Ballast Water ( preload) on board approx. 6 hours. Thru screen velocity = 1.0 fps Mitigation Measures for reducing Exotic Species Migration through Ballast water Ballast water not transported. It is taken on and dumped from the same location. Mitigation Measures for reducing Impingement and Entrainment of Aquatic Organisms, as well as Bio fouling Prevention Measures Cover over sea chest, cathodic protection Is the Rig equipped with a Radiator Cooling System for the Main Engines? Yes


[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24712-24715]
[FR Doc No: E9-12111]

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

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

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

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0477; Directorate Identifier 2008-NM-191-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-100, -100B, -100B SUD,
-200B, and -300 Series Airplanes; and Model 747SP and 747SR Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Boeing Model 747 series
airplanes. The existing AD currently requires repetitive inspections to
detect cracks in various areas of the fuselage internal structure, and
related investigative/corrective actions if necessary. This proposed AD
would require additional repetitive inspections for cracking of certain
fuselage structure, and related investigative/corrective actions if
necessary. This proposed AD results from fatigue tests and analysis by
Boeing that identified areas of the fuselage where fatigue cracks can
occur. We are proposing this AD to prevent the loss of the structural
integrity of the fuselage, which could result in rapid depressurization
of the airplane.

DATES: We must receive comments on this proposed AD by July 10, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER> or
425-227-1152.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0477;
Directorate Identifier 2008-NM-191-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On September 26, 2005, we issued AD 2005-20-30, amendment 39-14327
(70 FR 59252, October 12, 2005), for certain Boeing Model 747 series
airplanes. That AD requires repetitive inspections to detect cracks in
various areas of the fuselage internal structure, and related
investigative/corrective actions if necessary. That AD resulted from
fatigue tests and analysis by Boeing that identified areas of the
fuselage where fatigue cracks can occur. We issued that AD to prevent
the loss of the structural integrity of the fuselage, which could
result in rapid depressurization of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-20-30, Boeing has conducted an additional
analysis that shows that Section 41 fuselage frames in the areas
attached to the upper deck floor beams are also prone to fatigue
cracking. Cracking of the frames was found on the fatigue test airplane
at about 40,000 total pressure cycles. As a result, we have determined
that additional inspections are necessary, as specified in the service
information described below.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2349,
Revision 3, dated October 2, 2008 (``the service bulletin''). In AD
2005-20-30, we referred to Boeing Alert Service Bulletin 747-53A2349,
Revision 1, dated October 12, 2000; and Boeing Service Bulletin 747-
53A2349, Revision 2, dated April 3, 2003; as the appropriate sources of
service information for doing the actions required by that AD. Revision
3 of the service bulletin retains the procedures from Revision 2,
revises some airplane groups, and adds the repetitive inspections
listed in the table titled ``New Service Bulletin Procedures.''

                                         New Service Bulletin Procedures
----------------------------------------------------------------------------------------------------------------
   Revision 3 of the service bulletin adds procedures for
repetitive detailed inspections for cracking of these areas      For airplanes identified as these groups in
            specified in the service bulletin--                      Revision 3 of the service bulletin--
----------------------------------------------------------------------------------------------------------------
Additional inspections in Area 1: Fuselage frames at body    1 through 7 inclusive.
 stations 260-520 in areas where the upper deck floor beams
 are attached (Figure 11 of the Accomplishments
 Instructions of the service bulletin).
Additional inspections in Area 6: Fuselage frames at body    6 and 7.
 stations 400-500 in areas above the Main Entry Door 1
 cutouts, from the upper chord of the upper deck floor
 beams to Stringer 8 (Figure 12 of the Accomplishment
 Instructions of the service bulletin).
----------------------------------------------------------------------------------------------------------------

    The service bulletin specifies that the compliance time for the
inspections of additional areas is before 22,000 total flight cycles or
within 1,000 flight cycles after the date on the service bulletin,
whichever occurs later. The service bulletin also specifies repeating
the inspections at intervals not to exceed 3,000 flight cycles. The
service bulletin specifies to repair any crack or to contact Boeing for
repair instructions.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2005-20-30 and would retain the requirements of the
existing AD. This proposed AD would also require accomplishing the
additional actions specified in Boeing Alert Service Bulletin 747-
53A2349, Revision 3, dated October 2, 2008, described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2005-20-30.
Since AD 2005-20-30 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD 2005-20-30               this proposed AD
------------------------------------------------------------------------
paragraph (f).............................  paragraph (g).
paragraph (g).............................  paragraph (h).
paragraph (h).............................  paragraph (i).
paragraph (i).............................  paragraph (j).
paragraph (j).............................  paragraph (k).
paragraph (k).............................  paragraph (l).
------------------------------------------------------------------------

Costs of Compliance

    There are about 209 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. The average labor rate
is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                     Cost per
                                                          Work     airplane, per  Number of U.S.-
                        Action                           hours      inspection      registered      Fleet cost
                                                                       cycle         airplanes
----------------------------------------------------------------------------------------------------------------
Inspections (required by AD 2005-20-30)..............        130         $10,400              69        $717,600
Additional inspections in Area 1 (new proposed                 6             480              69          33,120
 action).............................................
Additional inspections in Area 6 (new proposed                 1              80              69           5,520
 action).............................................
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing amendment 39-14327 (70 FR
59252, October 12, 2005) and adding the following new AD:

Boeing: Docket No. FAA-2009-0477; Directorate Identifier 2008-NM-
191-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 10,
2009.

Affected ADs

    (b) This AD supersedes AD 2005-20-30.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-300, 747SP, and 747SR series airplanes;
certificated in any category; identified in Boeing Service Bulletin
747-53A2349, Revision 3, dated October 2, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from fatigue tests and analysis by Boeing
that identified areas of the fuselage where fatigue cracks can
occur. We are issuing this AD to prevent the loss of the structural
integrity of the fuselage, which could result in rapid
depressurization of the airplane.

Compliance

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

Restatement of Requirements of AD 2002-10-10

(Excluding Upper Deck Floor Beams)

Repetitive Inspections

    (g) Prior to the accumulation of 22,000 total flight cycles, or
within 1,000 flight cycles after June 11, 1993 (the effective date
of AD 93-08-12, amendment 39-8559, which was superseded by AD 2002-
10-10), whichever occurs later, unless accomplished previously
within the last 2,000 flight cycles; and thereafter at intervals not
to exceed 3,000 flight cycles: Perform an internal detailed
inspection to detect cracks in the areas of the fuselage internal
structure specified in paragraphs (g)(1) through (g)(6) of this AD;
in accordance with Boeing Service Bulletin 747-53-2349, dated June
27, 1991; Boeing Alert Service Bulletin 747-53A2349, Revision 1,
dated October 12, 2000; Boeing Service Bulletin 747-53A2349,
Revision 2, dated April 3, 2003; or Boeing Alert Service Bulletin
747-53A2349, Revision 3, dated October 2, 2008. After the effective
date of this AD, only Revision 3 of Boeing Alert Service Bulletin
747-53A2349 may be used. Continue doing the inspections until the
inspections required by paragraph (j) of this AD are done.
    (1) Section 42 upper lobe frames.
    (2) Section 46 lower lobe frames.
    (3) Section 42 lower lobe frames.
    (4) Main entry door cutouts.
    (5) Section 41 body station 260, 340, and 400 bulkheads.
    (6) Main entry doors.

    Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

    (h) Prior to the accumulation of 25,000 total flight cycles, or
within 1,000 flight cycles after June 11, 1993, whichever is later,
unless already done within the last 2,000 flight cycles; and
thereafter at intervals not to exceed 3,000 flight cycles: Do an
internal detailed inspection to detect cracks in the Section 46
upper lobe frames, in accordance with Boeing Service Bulletin 747-
53-2349, dated June 27, 1991; Boeing Alert Service Bulletin 747-
53A2349, Revision 1, dated October 12, 2000; Boeing Service Bulletin
747-53A2349, Revision 2, dated April 3, 2003; or Boeing Alert
Service Bulletin 747-53A2349, Revision 3, dated October 2, 2008.
After the effective date of this AD, only Revision 3 of Boeing Alert
Service Bulletin 747-53A2349 may be used.

Repair of Cracks Detected During Paragraph (g) or (h) Inspections

    (i) Before further flight, repair any cracks detected during the
inspections done per paragraph (g) or (h) of this AD by doing the
actions specified in paragraph (i)(1) or (i)(2) of this AD, as
applicable.
    (1) Repair in accordance with a method approved by the Manager,
Seattle Aircraft Certification Office (ACO), FAA; or using a method
approved in accordance with paragraph (p) of this AD.
    (2) Repair in accordance with Boeing Service Bulletin 747-
53A2349, Revision 2, dated April 3, 2003; or Boeing Alert Service
Bulletin 747-53A2349, Revision 3, dated October 2, 2008. After the
effective date of this AD, only Revision 3 of Boeing Alert Service
Bulletin 747-53A2349 may be used. Where either revision of the
service bulletin specifies to contact Boeing for repair
instructions, repair in accordance with a method approved by the
Manager, Seattle ACO; or using a method approved in accordance with
paragraph (p) of this AD.

Restatement of Requirements of AD 2005-20-30

Repetitive Inspections

    (j) Do an internal detailed inspection to detect cracking in the
areas of the fuselage internal structure specified in paragraphs
(j)(1), (j)(2), and (j)(3) of this AD, and internal and external
detailed inspections of the areas specified in paragraphs (j)(4),
(j)(5), (j)(6), and (j)(7) of this AD. Do the inspections in
accordance with Boeing Service Bulletin 747-53A2349, Revision 2,
dated April 3, 2003; or Boeing Alert Service Bulletin 747-53A2349,
Revision 3, dated October 2, 2008. After the effective date of this
AD, only Revision 3 of Boeing Alert Service Bulletin 747-53A2349 may
be used. Do the inspections at the applicable time specified in
paragraph (k) of this AD. Accomplishment of these inspections
terminates the requirements of paragraph (g) of this AD.
    (1) Section 42 upper lobe frames.
    (2) Section 46 lower lobe frames.
    (3) Section 42 lower lobe frames.
    (4) Main entry door cutouts.
    (5) Nose wheel well bulkheads, sidewall panels, and Station
(STA) 360 and 380 floor beams. These areas include Section 41 body
station 260, 340, and 400 bulkheads.
    (6) Main entry doors.
    (7) Main electronics bay access door cutout.
    (k) Do the inspections required by paragraph (j) of this AD at
the applicable time specified in paragraph (k)(1), (k)(2), or (k)(3)
of this AD. Repeat the inspections thereafter at intervals not to
exceed 3,000 flight cycles.
    (1) For airplanes on which the inspections required by
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(6) of this AD
have been done before November 16, 2005 (the effective date of AD
2005-20-30), but the inspections required by paragraphs (j)(5) and
(j)(7) of this AD have not been done: Within 3,000 flight cycles
since accomplishment of the most recent inspection required by
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(6) of this AD,
except that the inspections specified in paragraphs (j)(5) and
(j)(7) of this AD may be done within 3,000 flight cycles since
accomplishment of the most recent inspection required by paragraphs
(g)(1), (g)(2), (g)(3), (g)(4), and (g)(6) of this AD, or within
1,000 flight cycles after November 16, 2005, whichever is later.
    (2) For airplanes on which the inspections required by
paragraphs (j)(5) and (j)(7) have been done before November 16,
2005: Within 3,000 flight cycles since accomplishment of the most
recent inspection required by paragraphs (j)(5) and (j)(7) of this
AD, or within 1,000 flight cycles after November 16, 2005, whichever
is later.
    (3) For airplanes on which the inspections required by paragraph
(g) of this AD have not been done before November 16, 2005: Prior to
the accumulation of 22,000 total flight cycles, or within 1,000
flight cycles after November 16, 2005, whichever is later.

Repair of Cracks Detected During Paragraph (j) Inspection

    (l) Before further flight, repair any cracking found during any
inspection required by paragraph (j) of this AD in accordance with
Boeing Service Bulletin 747-53A2349, Revision 2, dated April 3,
2003; or Boeing Alert Service Bulletin 747-53A2349, Revision 3,
dated October 2, 2008. After the effective date of this AD, only
Revision 3 of Boeing Alert Service Bulletin 747-53A2349 may be used.
Where any revision of the service bulletin specifies to contact
Boeing for repair instructions, repair in accordance

with a method approved by the Manager, Seattle ACO; or using a
method approved in accordance with paragraph (p) of this AD.

New Requirements of This AD

Inspections and Repair

    (m) Do initial and repetitive detailed inspections for cracking
in the areas specified in Table 1 of this AD using applicable
internal and external detailed inspection methods; and repair all
cracks, by doing all the applicable actions in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2349, Revision 3, dated October 2, 2008, except as required by
paragraph (n) of this AD. Do the initial and repetitive inspections
at the times specified in paragraph 1.E., ``Compliance,'' of the
service bulletin, except as required by paragraph (o) of this AD.
Repair all cracks before further flight after detection.

                     Table 1--Additional Inspections
------------------------------------------------------------------------
 Inspect the addition portion of area 1 and area       For airplanes
 6 as specified in Boeing Alert Service Bulletin    identified as these
 747-53A2349, Revision 3, dated October 2, 2008    groups in the service
          (``the service bulletin'')--                  bulletin--
------------------------------------------------------------------------
In Area 1: Fuselage frames at body stations 260-  1 through 7 inclusive.
 520 in areas where the upper deck floor beams
 are attached (Figure 11 of the Accomplishments
 Instructions of the service bulletin).
In Area 6: Fuselage frames at body stations 400-  6 and 7.
 500 in areas above the Main Entry Door 1
 cutouts, from the upper chord of the upper deck
 floor beams to Stringer 8 (Figure 12 of the
 Accomplishment Instructions of the service
 bulletin).
------------------------------------------------------------------------

Exceptions to Certain Procedures

    (n) If any crack is found during any inspection required by
paragraph (m) of this AD, and Boeing Alert Service Bulletin 747-
53A2349, Revision 3, dated October 2, 2008, specifies to contact
Boeing for appropriate action: Before further flight, repair the
crack using a method approved in accordance with the procedures
specified in paragraph (p) of this AD.
    (o) Where Boeing Alert Service Bulletin 747-53A2349, Revision 3,
dated October 2, 2008, specifies a compliance time after the date on
Boeing Alert Service Bulletin 747-53A2349, Revision 3, dated October
2, 2008, this AD requires compliance within the specified compliance
time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to Attn: Ivan Li, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2005-20-30
are approved as AMOCs with the corresponding provisions of this AD.
    (4) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.

    Issued in Renton, Washington, on May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-12111 Filed 5-22-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Page 9585]
[FR Doc No: 2017-02519]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4297-DR]; [Docket ID FEMA-2017-0001]

Georgia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Georgia (FEMA-4297-DR), dated January 26,
2017, and related determinations.

DATES: Effective January 26, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 26, 2017, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Georgia resulting from severe storms, tornadoes, and straight-
line winds during the period of January 21-22, 2017, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Georgia.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate subject to completion of Preliminary Damage Assessments
(PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Kevin L. Hannes, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Georgia have been designated as
adversely affected by this major disaster:

    Berrien, Cook, Crisp, Dougherty, Turner, and Wilcox Counties for
Individual Assistance.
    All areas within the State of Georgia are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-02519 Filed 2-6-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10890-10894]
[FR Doc No: 2022-03998]

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

Federal Aviation Administration

[Docket #FAA-2022-0204]

Notice of Funding Opportunity

AGENCY: Federal Aviation Administration (FAA).

ACTION: Notice of funding opportunity.

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

SUMMARY: The Department of Transportation (DOT), Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1 billion in FY 2022 discretionary funds for the newly
established Airport Terminal Program (ATP), made available under the
Infrastructure Investment and Jobs Act of 2021 (IIJA), Public Law 117-
58, herein referred to as the Bipartisan Infrastructure Law (BIL). The
purpose of the ATP is to make annual grants available to eligible
airports for airport terminal development projects that address the
aging infrastructure of the nation's airports. In addition, ATP grants
will align with DOT's Strategic Framework FY2022-2026 at
www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework. The FY 2022 ATP will be implemented, as
appropriate and consistent with law, in alignment with the priorities
in Executive Order 14052, Implementation of the Infrastructure
Investments and Jobs Act (86 FR 64355), which are to invest efficiently
and equitably, promote the competitiveness of the U.S. economy, improve
job opportunities by focusing on high labor standards, strengthen
infrastructure resilience to all hazards including climate change, and
to effectively coordinate with State, local, Tribal, and territorial
government partners.

DATES: Airport sponsors that wish to be considered for FY 2022 ATP
discretionary funding should submit an application that meets the
requirements of this NOFO as soon as possible, but no later than 5:00
p.m. Eastern time, March 28, 2022. Submit applications electronically
at www.faa.gov/bil/airport-terminals per instructions in this NOFO.

FOR FURTHER INFORMATION CONTACT: BIL Implementation Team, FAA Office of
Airports, at our FAA BIL email address: [email protected] or
Robin K. Hunt at<PHONE_NUMBER>.

A. Program Description

    BIL established the ATP, a competitive discretionary grant program,
which provides approximately $1 billion in grant funding annually for
five years (Fiscal Years 2022-2026) to upgrade, modernize, and rebuild
our nation's airport terminals and sponsor-owned Airport Traffic
Control Towers (ATCTs). This includes bringing airport facilities into
conformity with current standards; constructing, modifying, or
expanding facilities as necessary to meet demonstrated aeronautical
demand; enhancing environmental sustainability; encouraging actual and
potential competition; and providing a balanced system of airports to
meet the roles and functions necessary to support civil aeronautical
demand. This program also supports the President's goals to mobilize
American ingenuity to build modern infrastructure and an equitable,
clean energy future. In support of Executive Order 13985, Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (86 FR 7009), the FAA encourages applicants to
consider how the project will address the challenges faced by
individuals in underserved communities and rural areas.
    The ATP falls under the project grant authority for the Airport
Improvement Program (AIP) in 49 United States Code (U.S.C.) Sec.
47104. Per 2 Code of Federal Regulations (CFR) Part 200--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards the AIP Federal Assistance Listings Number is
20.106, with the objective to assist eligible airports in the
development and improvement of a nationwide system that adequately
meets the needs of civil aeronautics. The FY 2022 ATP will be
implemented, as appropriate and consistent with BIL, in alignment with
the priorities in Executive Order 14052, Implementation of the
Infrastructure Investments and Jobs Act (86 FR 64355), which are to
invest efficiently and equitably, promote the competitiveness of the
U.S. economy, improve opportunities for good-paying jobs with the free
and fair choice to join a union by focusing on high labor standards,
strengthen infrastructure resilience to all hazards including climate
change, and to effectively coordinate with State, local, Tribal, and
territorial government partners.
    Consistent with statutory criteria and Executive Order 14008,
Tackling the Climate Crisis at Home and Abroad (86 FR 7619), the FAA
also seeks to fund projects under the ATP that reduce greenhouse gas
emissions and are designed with specific elements to address climate
change impacts. Specifically, the FAA is looking to award projects that
align with the President's greenhouse gas reduction goals, promote
energy efficiency, support fiscally responsible land use and
transportation efficient design, support terminal development
compatible with the use of sustainable aviation fuels and technologies,
increase climate resilience, incorporate sustainable pavement and
construction materials as allowable, and reduce pollution.

B. Federal Award Information

    The ATP is a $5 billion grant program, distributed as approximately
$1 billion annually for five years (Fiscal Years 2022, 2023, 2024,
2025, and 2026), subject to annual allocations limitations based on
airport roles found in the published National Plan of Integrated
Airport Systems (NPIAS), as updated with current year data. In general,
the $5 billion in ATP grant funding is subject to the following annual
award allocation limitations: Not more than 55% shall be for large hub
airports, not more than 15% shall be for medium hub airports, not more
than 20% shall be for small hub airports, and not less than 10% shall
be for nonhub and nonprimary airports.
    The FAA will consider projects that increase capacity and passenger
access; projects that replace aging infrastructure; projects that
achieve compliance with the Americans with Disabilities Act (42 U.S.C.
12101, et seq.) and expand accessibility for persons with disabilities;
projects that

improve airport access for historically disadvantaged populations;
projects that improve energy efficiency, including upgrading
environmental systems, upgrading plant facilities, and achieving
Leadership in Energy and Environmental Design (LEED) accreditation
standards; projects that improve airfield safety through terminal
relocation; and projects that encourage actual and potential
competition. This includes applicable Executive Orders as listed in
Section E.2. Additionally, the FAA will provide preference to projects
that complete a development objective, and priority to projects that
have received partial awards.
    Projects for relocating, reconstructing, repairing, or improving an
airport-owned ATCT will also be considered. In addition to the
considerations above, these projects will also be evaluated based on
overall impact on the national airspace system including age of
facility, operational constraints, and nonstandard facilities. The FAA
will publish a NOFO annually to announce additional funding made
available, approximately $1 billion per year, for Fiscal Years 2023-
2026.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants are those airport sponsors normally eligible
for Airport Improvement Program (AIP) discretionary grants as defined
in 49 U.S.C. 47115. This includes a public agency, private entity,
state agency, Indian Tribe or Pueblo owning a public-use NPIAS airport,
the Secretary of the Interior for Midway Island Airport, the Republic
of the Marshall Islands, Federated States of Micronesia, Republic of
Palau.

2. Cost Sharing or Matching

    The Federal cost share of ATP grants is 80 percent for large and
medium hub airports, and 95 percent for the remainder of airports
eligible to receive ATP grants, which includes small hub, nonhub, and
nonprimary airports.

3. Project Eligibility

    All projects funded from the ATP must be:
    i. Airport terminal development, defined in 49 U.S.C. 47102(28) as
development of an airport passenger terminal building, including
terminal gates; access roads servicing exclusively airport traffic that
leads directly to or from an airport passenger terminal building; and
walkways that lead directly to or from an airport passenger terminal
building. Under the ATP, the FAA may consider projects that qualify as
``terminal development'' (including multimodal terminal development),
as that term is defined in 49 U.S.C. 47102(28);
    ii. On-airport rail access projects as set forth in Passenger
Facility Charge (PFC) Update 75-21 (86 FR 48793, August 31, 2021);
    iii. Airport-owned ATCT that includes relocating, reconstructing,
repairing, or improving the ATCT; and
    iv. Justified based on civil aeronautical demand.

D. Application and Submission Information

1. Address To Request Application Package

    An application for ATP terminal or ATCT projects, FAA Form 5100-
144, Bipartisan Infrastructure Law, Airport Terminal and Tower Project
Information, can be found at: www.faa.gov/bil/airport-terminals.
    Direct all inquiries regarding applications to the appropriate
Regional Office (RO) or Airports District Office (ADO). RO/ADO contact
information is below: https://www.faa.gov/about/office_org/headquarters_offices/arp/offices/regional_offices. Or to the BIL Team
at: [email protected].

2. Content and Form of Application Submission

    Applicants will be required to submit information contained in FAA
Form 5100-144, Bipartisan Infrastructure Law, Airport Terminal and
Tower Project Information. This form is provided to assist airports in
completing the submission requirements established in this NOFO.
Application instructions and the form can be found at: www.faa.gov/bil/airport-terminals.
    All applications must be submitted electronically following the
instruction on the form. Once the form is complete, save a copy of the
form electronically to your files for future reference. Next, scroll to
the bottom of the form and press the ``submit'' button. The form will
be automatically emailed to the FAA BIL Team for review and evaluation,
or as a backup, email the form manually to: [email protected].
    Applicants selected to receive an ATP grant will then be required
to follow AIP grant application procedures prior to award, which
include meeting all prerequisites for funding, and submission of
Standard Form SF-424, Application for Federal Assistance, and FAA Form
5100-100, Application for Development Projects.
    Airports covered under the FAA's State Block Grant Program should
coordinate with their associated state agencies, and submit project
application via the procedures noted above.

3. Unique Entity Identifier and System for Award Management (SAM)

    Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must have a unique entity
identifier provided by SAM. Additional information about obtaining a
Unique Entity Identifier (UEI) and registration procedures may be found
at the SAM website (currently at http://www.sam.gov). Each applicant is
required to: (1) Be registered in SAM; (2) provide a valid UEI prior to
grant award; and (3) continue to maintain an active SAM registration
with current information at all times during which the applicant has an
active Federal award or an application or plan under consideration by
the FAA. Under the ATP, the UEI and SAM account must belong to the
entity that has the legal authority to apply for, receive, and execute
ATP grants.
    Once awarded, the FAA grant recipient must maintain the currency of
its information in SAM until the grantee submits the final financial
report required under the grant or receives the final payment,
whichever is later. A grant recipient must review and update the
information at least annually after the initial registration and more
frequently if required by changes in information or another award term.
    The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for making a
federal award to another applicant.
    Non-federal entities that have received a federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) www.fapiis.gov) to ensure
registration information is current and complies with federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.

4. Submission Dates and Times

    Airports that wish to be considered for FY 2022 ATP discretionary
funding should submit an application that meets the requirements of
this NOFO as soon as possible, but no later than 5:00 p.m.

Eastern time on March 28, 2022. Submit applications electronically at
www.faa.gov/bil/airport-terminals per instructions in this NOFO.

5. Funding Restrictions

    All projects funded from the ATP must be airport terminal
development, defined in 49 U.S.C. 47102(28) as development of an
airport passenger terminal building, including terminal gates; access
roads servicing exclusively airport traffic that leads directly to or
from an airport passenger terminal building; and walkways that lead
directly to or from an airport passenger terminal building. Under the
ATP, the FAA may consider projects that qualify as ``terminal
development'' (including multimodal terminal development), as that term
is defined in 49 U.S.C. 47102(28); and projects for on-airport rail
access projects as set forth in Passenger Facility Charge (PFC) Update
75-21 (86 FR 48793, August 31, 2021).
    Additionally, ATP eligible projects include relocating,
reconstructing, repairing, or improving an airport-owned ATCT. ATP
funds may not be used to support or oppose union organizing.

E. Application Review Information

1. Criteria

    Applications for FY 2022 ATP will be rated using the following
criteria:
    i. Must meet eligibility requirements under the ATP, which includes
terminal development (including multimodal terminal development) as
defined in 49 U.S.C. 47102(28), on-airport rail access projects, or
airport-owned ATCT relocation, reconstruction, repair, or improvements.
    ii. Timeliness of implementation, with priority given to those
projects that can satisfy all statutory and administrative requirements
for grant award in FY 2022.
    iii. Favorable consideration will be given to eligible and
justified terminal development (including multimodal terminal
development), on-airport rail access projects, and ATCT projects that:
    a. Increase capacity and passenger access: The applicant should
describe the extent to which the project contributes to the functioning
and growth of the economy, including the extent to which the project
addresses congestion or service gaps in rural areas. The applicant
should demonstrate how the proposed project increases capacity,
provides ongoing market access to the airport by competing carriers as
economic and competitive conditions change, as well as how it
contributes to the functioning and growth of the economy, including the
extent to which the project addresses congestion or service gaps in
rural areas. The applicant should demonstrate how the proposed project
increases capacity and market access or relieves congestion based on
current and/or forecast needs.
    b. Replace aging infrastructure: Applicants should describe how the
project addresses replacing or upgrading facilities that have reached
the end of their useful life. This includes information on the current
age and condition of the asset that will be affected by the project and
how the proposed project will improve asset condition. The applicant
should describe how the facility no longer meets the current or
forecasted operational needs of the airport. This includes the
renovation, expansion, or replacement of a facility that is too small
or cannot efficiently meet current or future demand. This also includes
projects aimed at terminal modernization or upgrades to meet the
changing user or community expectations. This can be met by including
multimodal terminal development, climate resiliency, sustainability
initiatives and practices incorporated therein, all with the goal of
providing a terminal that focuses on the most efficient movement of
passengers and baggage possible. This also includes projects that
address changing environmental conditions and improve resilience to
climate change, and that will be constructed consistent with the
Federal Flood Risk Management Standard, to the extent consistent with
current law.
    c. Achieve compliance with the Americans with Disabilities Act
(ADA), including expand accessibility for persons with disabilities:
Applicants should describe how the project increases mobility, expands
access, and improves connectivity for people with disabilities both
inside and outside the terminal or ATCT. The information should
demonstrate how the proposed project will meet the requirements under
the Americans with Disabilities Act and improve equitable access for
people with disabilities.
    d. Improve airport access for historically disadvantaged
populations: Applicants should describe how the project increases
mobility, expands access, and improves connectivity for historically
disadvantaged populations. The information should demonstrate how the
proposed project provides a significant local and regional impact and
benefits historically disadvantaged populations. The applicant should
include a description of public engagement on a local and regional
level that has occurred, demonstrates proactive inclusivity of
historically disadvantaged communities, and the degree to which public
comments and commitments have been integrated into the project. DOT is
providing a list of communities that meet the definition of
Historically Disadvantaged Communities, available at https://adip.faa.gov/agis/public/#/disadvantagedCommunities.
    e. Improve energy efficiency including upgrading environmental
systems, upgrading plant facilities, and achieving Leadership in Energy
and Environmental Design (LEED) accreditation standards: Applicants
should provide information demonstrating how the proposed project will
reduce air pollution and greenhouse gas emissions from a reduction in
energy consumption through energy efficient design. This includes how
the project may facilitate the airport in achieving LEED accreditation
standards through reliance on alternative energy, water use reduction,
sustainable site selection and development, responsible materials
selection and waste management, incorporating lower-carbon pavement and
construction materials, enhanced indoor environmental quality, use of
terminal facility for renewable energy production, or other
sustainability efforts (e.g., vehicle charging stations attached to the
terminal) that further reduce long-term impact on climate. A proposed
project, including utility support facilities, should be part of an
overall plan that sets targets to lower carbon emissions, working
toward a carbon-neutral airport by 2050.
    f. Improve airfield safety through terminal relocation: Applicants
should describe how the proposed terminal project is improving airfield
safety through the relocation of the terminal building or its
components. This could also include a project to relocate a terminal
that assists in addressing nonstandard airfield configurations.
    g. Encourage actual and potential competition: The applicant should
describe the extent to which the project promotes competition in air
service by providing greater ability to accommodate new entrants;
increasing the ability of competing air carriers to access constrained
facilities on an ongoing basis; and facilitating the efficient, and
reliable movement of passengers and cargo. The applicant may also wish
to describe how the project will offer regional and national impacts by
improving the economic strength of regions and cities; increase
opportunities for tourism; result in long-term job creation by
supporting good-

paying jobs with the free and fair choice to join a union directly
related to the project; and help the United States compete in a global
economy by encouraging the location of important industries and future
innovations and technology in the U.S.
    iv. ATCT projects that relocate, reconstruct, repair, or improve an
airport-owned ATCT will also be evaluated based on overall impact on
the national airspace system including age of facility, operational
constraints, and nonstandard facilities.
    v. FAA will provide a preference to projects that achieve a
complete development objective, even if awards for the project must be
phased, and prioritize projects that have received partial awards.
    vi. The applicant should describe whether and how project delivery
and implementation create good-paying jobs with the free and fair
choice to join a union to the greatest extent possible, the use of
demonstrated strong labor standards, practices and policies (including
for direct employees, contractors, and sub-contractors); use of project
labor agreements; distribution of workplace rights notices; the use of
Local Hire Provisions; \1\ registered apprenticeships; or other similar
standards or practices. The applicant should describe how planned
methods of project delivery and implementation (for example, use of
Project Labor Agreements and/or Local Hire Provisions,\2\ training and
placement for underrepresented workers) provide opportunities for all
workers, including workers underrepresented in construction jobs to be
trained and placed in good-paying jobs directly related to the project.
FAA will consider this information in evaluating the application.
---------------------------------------------------------------------------

    \1\ IIJA div. B Section 25019 provides authority to use
geographical and economic hiring preferences, including local hire,
for construction jobs, subject to any applicable State and local
laws, policies, and procedures.
    \2\ Project labor agreement should be consistent with the
definition and standards outlined in Executive Order 14063.
---------------------------------------------------------------------------

2. Review and Selection Process

    Applications will be evaluated based on the information submitted
related to the above criteria in E.1 to ensure responsiveness to this
NOFO and the intent of the ATP. Applicants are encouraged to submit
projects that meet as many of the above criteria as possible, but do
not need to meet all criteria to be considered. Federal awarding agency
personnel will evaluate applications based on how well the projects
meet the criteria in E.1, including project eligibility, justification,
readiness, and the availability of matching funds. The FAA will also
consider projects that advance the goals of the following Executive
Orders: The President's January 20, 2021, Executive Order 13990,
``Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis''; the President's January 20, 2021,
Executive Order 13985, ``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government''; the
President's January 27, 2021, Executive Order 14008, ``Tackling the
Climate Crisis at Home and Abroad''; and the President's July 9, 2021,
Executive Order 14036, ``Promoting Competition in the American
Economy.''

3. Integrity and Performance Check

    Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously
entered. FAA will consider any comments by the applicant, in addition
to the other information in the designated integrity and performance
system, in making a judgment about the applicant's integrity, business
ethics, and record of performance under Federal awards when completing
the review of risk posed by applicants as described in Sec.  200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    BIL awards are announced through a Congressional notification
process and a DOT Secretary's Notice of Intent to Fund. The FAA RO/ADO
representative will contact the airport with further information and
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the airport sponsor a grant for the announced project. This
offer may be provided through postal mail or by electronic means. Once
this offer is signed by the airport sponsor, it becomes a grant
agreement. Awards made under this program are subject to conditions and
assurances in the grant agreement.

2. Administrative and National Policy Requirements

i. Pre-Award Authority
    Costs incurred after enactment of the BIL, November 15, 2021, are
eligible for reimbursement under the ATP.
ii. Grant Requirements
    All grant recipients are subject to the grant requirements of the
AIP, found in 49 U.S.C. Chapter 471. Grant recipients are subject to
requirements in the FAA's AIP Grant Agreement for financial assistance
awards; the annual Certifications and Assurances required of
applicants; and any additional applicable statutory or regulatory
requirements, including nondiscrimination requirements and 2 CFR part
200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. Grant requirements include, but are
not limited to, approved projects on an airport layout plan; and
compliance with federal civil rights laws, Buy American requirements
under 49 U.S.C. 50101, the Department of Transportation's Disadvantaged
Business Enterprise (DBE) Program regulations for airports (49 CFR part
23 and 49 CFR part 26), Build America, Buy America requirements in
sections 70912(6) and 70914 in Public Law No: 117-58, the
Infrastructure Investment and Jobs Act, and prevailing wage rate
requirements under the Davis-Bacon Act, as amended (40 U.S.C. 276a-
276a-5, and reenacted at 40 U.S.C. 3141-3144, 3146, and 3147).
iii. Standard Assurances
    Each grant recipient must assure that it will comply with all
applicable federal statutes, regulations, executive orders, directives,
FAA circulars, and other federal administrative requirements in
carrying out any project supported by the ATP grant. The grant
recipient must acknowledge that it is under a continuing obligation to
comply with the terms and conditions of the grant agreement issued for
its project with the FAA. The grant recipient understands that federal
laws, regulations, policies, and administrative practices might be
modified from time to time and may affect the implementation of the
project. The grant recipient must agree that the most recent Federal
requirements will apply to the project unless the FAA issues a written
determination otherwise.
    The grant recipient must submit the Certifications at the time of
grant application and Assurances must be accepted as part of the grant
agreement at the time of accepting a grant offer.

Grant recipients must also comply with 2 CFR part 200, which is cited
in the grant assurances of the grant agreements. The Airport Sponsor
Assurances are available on the FAA website at: https://www.faa.gov/airports/aip/grant_assurances.

3. Reporting

    Grant recipients are subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the ATP, the
grant recipient is required to comply with all Federal financial
reporting requirements and payment requirements, including the
submittal of timely and accurate reports. Financial and performance
reporting requirements are available in the FAA October 2020 Financial
Reporting Policy, which is available at https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf.
    The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200 subpart F Audit Reporting Requirements.
The grant recipient must comply with any requirements outlined in 2 CFR
part 180, Office of Management and Budget (OMB) Guidelines to Agencies
on Government wide Debarment and Suspension.

G. Federal Awarding Agency Contact(s)

    For further information concerning this notice, please contact the
FAA BIL Implementation Team via email at [email protected]. In
addition, FAA will post answers to frequently asked questions and
requests for clarifications on FAA's website at www.faa.gov/bil/airport-terminals. To ensure applicants receive accurate information
about eligibility of the program, the applicant is encouraged to
contact FAA directly, rather than through intermediaries or third
parties, with questions.
    All applicants, including those requesting full federal share of
eligible projects costs, should have a plan to address potential cost
overruns as part of an overall funding plan.

    Issued in Washington, DC, on February 22, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL Implementation Team.
[FR Doc. 2022-03998 Filed 2-24-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 20, 2007 (Volume 72, Number 53)]
[Notices]
[Page 13143]
[DOCID:fr20mr07-96]

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

SECURITIES AND EXCHANGE COMMISSION

[Securities Act of 1933; Release No. 8789/March 14, 2007; Securities
Exchange Act of 1934; Release No. 55469/March 14, 2007]

Order Regarding Review of FASB Accounting Support Fee For 2007
Under Section 109 of The Sarbanes-Oxley Act of 2002

    The Sarbanes-Oxley Act of 2002 (the ``Act'') establishes criteria
that must be met in order for the accounting standards established by
an accounting standard-setting body to be recognized as ``generally
accepted'' for purposes of the federal securities laws. Section 109 of
the Act provides that all of the budget of an accounting standard-
setting body satisfying these criteria shall be payable from an annual
accounting support fee assessed and collected against each issuer, as
may be necessary or appropriate to pay for the budget and provide for
the expenses of the standard setting body, and to provide for an
independent, stable source of funding, subject to review by the
Securities and Exchange Commission (``Commission''). Under Section
109(f) of the Act, the annual accounting support fee shall not exceed
the amount of the standard setter's ``recoverable budget expenses.''
Section 109(h) amends Section 13(b)(2) of the Securities Exchange Act
of 1934 to require issuers to pay the allocable share of a reasonable
annual accounting support fee or fees, determined in accordance with
Section 109 of the Act.
    On April 25, 2003, the Commission issued a policy statement
concluding that the Financial Accounting Standards Board (``FASB'') and
its parent organization, the Financial Accounting Foundation (``FAF''),
satisfied the criteria for an accounting standard-setting body under
the Act, and recognizing the FASB's financial accounting and reporting
standards as ``generally accepted'' under Section 108 of the Act.\1\ As
a consequence of that recognition, the Commission undertook a review of
the FASB's accounting support fee for calendar year 2007. In connection
with its review, the Commission also reviewed the proposed budget for
the FAF and the FASB for calendar year 2007.
---------------------------------------------------------------------------

    \1\ Financial Reporting Release No. 70.
---------------------------------------------------------------------------

    Section 109 of the Act also provides that the standard setting body
can have additional sources of revenue for its activities, such as
earnings from sales of publications, provided that each additional
source of revenue shall not jeopardize the actual or perceived
independence of the standard setter. In this regard, the Commission
also considered the interrelation of the operating budgets of the FAF,
the FASB and the Governmental Accounting Standards Board (``GASB''),
the FASB's sister organization, which sets accounting standards used by
state and local government entities. The Commission has been advised by
the FAF that neither the FAF, the FASB nor the GASB accept
contributions from the accounting profession.
    After its review, the Commission determined that the 2007 annual
accounting support fee for the FASB is consistent with Section 109 of
the Act. Accordingly,
    It is ordered, pursuant to Section 109 of the Act, that the FASB
may act in accordance with this determination of the Commission.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5003 Filed 3-19-07; 8:45 am]

BILLING CODE 8010-01-P


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

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

Speaking on behalf of myself and others, I firmly believe that these products have not only saved my life, but that have increased the quality of living that I have. I know of at least half a dozen people who have been positively affected by using these products and I firmly believe that 75 days is an extremely short time frame for comments.

I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Thanks,

J. Taylor Phillips