[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39156-39157]
[FR Doc No: 2012-15961]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0224; Directorate Identifier 2007-NE-44-AD;
Amendment 39-17085; AD 2009-07-01 R1]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(RRD) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; rescission.

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

SUMMARY: We are rescinding an airworthiness directive (AD) for RRD
BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines.
The existing AD resulted from the need to reduce the published life
limits of high-pressure (HP) turbine stage 1 discs, part numbers (P/Ns)
BRH20130 and BRH20131, and HP turbine stage 2 discs, P/Ns BRH19423 and
BRH19427. We are rescinding the existing AD because RRD has revised the
approved published life limits of these parts to the same or higher
limits as originally certified.

DATES: This AD is effective August 6, 2012.

ADDRESSES: 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
781-238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to rescind an AD that would apply to the specified products.
That NPRM published in the Federal Register on February 21, 2012 (77 FR
9869). That NPRM proposed to rescind AD 2009-07-01 (74 FR 12086, March
23, 2009) for RRD BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30
turbofan engines. AD 2009-07-01 resulted from the need to reduce the
published life limits of HP turbine stage 1 discs, P/Ns BRH20130 and
BRH20131, and HP turbine stage 2 discs, P/Ns BRH19423 and BRH19427. We
are rescinding that AD because RRD has revised the approved published
life limits of these parts to the same or higher limits as originally
certified. We evaluated all information and determined that allowing
the increase in the published part life limits is acceptable.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 9869, February 21,
2012).

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed.

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by rescinding airworthiness directive
(AD) 2009-07-01, Amendment 39-15860 (74 FR 12086, March 23, 2009):

2009-07-01 R1 Rolls-Royce Deutschland Ltd & Co KG (formerly BMW
Rolls-Royce GmbH, formerly BMW Rolls-Royce Aero Engines): Amendment
39-17085; Docket No. FAA-2008-0224; Directorate Identifier 2007-NE-
44-AD.

(a) Effective Date

    This AD is effective August 6, 2012.

(b) Affected ADs

    This AD rescinds AD 2009-07-01 (74 FR 12086, March 23, 2009).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG BR700-
715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines.

(d) Related Information

    For more information about this AD, contact Mark Riley,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(e) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on June 7, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15961 Filed 6-29-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20830-20831]
[FR Doc No: 2018-09782]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1827]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before August 6, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1827, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 1, 2018.
David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation (Acting),
Department of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Galveston County, Texas and Incorporated Areas
 Project: 06-06-A614S Preliminary Date: September 27, 2012 and February
                                28, 2018
------------------------------------------------------------------------
City of Hitchcock......................  City Hall, 7423 Highway 6,
                                          Hitchcock, TX 77563.
Unincorporated Areas of Galveston        Galveston County Courthouse,
 County.                                  722 Moody Avenue, Galveston,
                                          TX 77550.
Village of Tiki Island.................  City Hall, 802 Tiki Drive, Tiki
                                          Island, TX 77554.
------------------------------------------------------------------------

[FR Doc. 2018-09782 Filed 5-7-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Proposed Rules]
[Page 54007-54008]
[DOCID:fr13se06-23]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2006-0575; FRL-8219-4]

Alabama: Proposed Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Alabama has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA proposes to grant final authorization to
Alabama. In the ``Rules and Regulations'' section of this Federal
Register, EPA is authorizing the changes by an immediate final rule.
EPA did not make a proposal prior to the immediate final rule because
we believe this action is not controversial and do not expect comments
that oppose it. We have explained the reasons for this authorization in
the preamble of the immediate final rule. Unless we get written
comments which oppose this authorization during the comment period, the
immediate final rule will become effective on the date it establishes,
and we will not take further action on this proposal. If we receive
comments that oppose this action, we will withdraw the immediate final
rule and it will not take effect. We will respond to public comments in
a later final rule based on this proposal. You may not have another
opportunity for comment.

DATES: Comments must be received on or before October 13, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2006-0575 by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (prior to faxing, please notify the
EPA contact listed below).
     Mail: Send written comments to Gail Middlebrooks, RCRA
Services Section, RCRA Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
     Hand Delivery: Gail Middlebrooks, RCRA Services Section,
RCRA Programs Branch, Waste Management Division, U.S. Environmental
Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R04-RCRA-
2006-0575. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you

http://www.regulations.gov, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. (For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
).

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy. You may view and copy

Alabama's application at the EPA, Region 4, Library, The Sam Nunn
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-
8960. The Library is open from 8 a.m. to 4:30 p.m. Monday through
Friday, excluding legal holidays. The Library telephone number is (404)
562-8190.
    You may also view and copy Alabama's application from 8 a.m. to
4:30 p.m. at The Alabama Department of Environmental Management, 1400
Coliseum Blvd., Montgomery, Alabama 36130.

FOR FURTHER INFORMATION CONTACT: Gail Middlebrooks, RCRA Services
Section, RCRA Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960;<PHONE_NUMBER>; fax

SUPPLEMENTARY INFORMATION: For additional information, please see the
immediate final rule published in the ``Rules and Regulations'' section
of this Federal Register.

    Dated: August 31, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
 [FR Doc. E6-15203 Filed 9-12-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48635-48636]
[FR Doc No: 2018-20947]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3463]

Aurolife Pharma, LLC, et al.; Withdrawal of Approval of Seven
Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of seven abbreviated new drug applications (ANDAs)
from multiple applicants. The applicants notified the Agency in writing
that the drug products were no longer marketed and requested that the
approval of the applications be withdrawn.

DATES: Approval is withdrawn as of October 26, 2018.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: The applicants listed in the table have
informed FDA that these drug products are no longer marketed and have
requested that FDA withdraw approval of the applications under the
process described in Sec.  314.150(c) (21 CFR 314.150(c)). The
applicants have also, by their requests, waived their opportunity for a
hearing. Withdrawal of approval of an application or abbreviated
application under Sec.  314.150(c) is without prejudice to refiling.

------------------------------------------------------------------------
       Application No.                Drug                Applicant
------------------------------------------------------------------------
ANDA 072112.................  Clorazepate           Aurolife Pharma,
                               Dipotassium           LLC, 279 Princeton
                               Capsules, 3.75        Hightstown Rd.,
                               milligrams (mg),      East Windsor, NJ
                               7.5 mg, and 15 mg.    08520.
ANDA 074863.................  Clemastine Fumarate   Workhardt Bio AG, c/
                               Syrup, Equivalent     o Morton Grove
                               to (EQ) 0.5 mg base/  Pharmaceuticals,
                               5 milliliters (mL).   Inc., 6451 Main
                                                     St., Morton Grove,
                                                     IL 60053.
ANDA 080925.................  Isocaine 3%           Septodont, Inc., c/o
                               (mepivacaine          Arent Fox, LLP,
                               hydrochloride         1717 K St. NW,
                               (HCl)) Injection      Washington, DC
                               USP, 3%.              20006.
ANDA 084048.................  Octocaine (lidocaine   Do.
                               HCl and
                               epinephrine)
                               Injection USP, 2%;
                               0.01 mg/mL and 2%;
                               0.02 mg/mL.
ANDA 084697.................  Isocaine 2%            Do.
                               (mepivacaine HCl
                               and levonordefrin)
                               Injection USP, 2%;
                               0.05 mg/mL.
ANDA 086033.................  Isosorbide Dinitrate  Watson Laboratories,
                               Sublingual Tablets    Inc., Subsidiary of
                               USP, 2.5 mg.          Teva
                                                     Pharmaceuticals
                                                     USA, Inc., 425
                                                     Privet Rd.,
                                                     Horsham, PA 19044.
ANDA 087504.................  Chloroquine           Teva Pharmaceuticals
                               Phosphate Tablets     USA, Inc., 425
                               USP, EQ 150 mg base.  Privet Rd.,
                                                     Horsham, PA 19044.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn as of
October 26, 2018. Introduction or delivery for introduction into
interstate commerce of

products without approved new drug applications violates section 301(a)
and (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(a)
and (d)). Drug products that are listed in the table that are in
inventory on October 26, 2018 may continue to be dispensed until the
inventories have been depleted or the drug products have reached their
expiration dates or otherwise become violative, whichever occurs first.

    Dated: September 20, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20947 Filed 9-25-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8406-8408]
[FR Doc No: 2022-03137]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1018; Project Identifier MCAI-2021-00902-R;
Amendment 39-21934; AD 2022-03-17]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model AS332L2 and EC225LP helicopters. This AD was
prompted by a report of loss of tightening torque on the nut that
attaches the tail gear box (TGB) bevel wheel. This AD requires
repetitive inspections (measurements) of the angular clearances of the
TGB, and, depending on the findings, replacement of the TGB with a
serviceable TGB, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. This AD also
provides terminating action for certain repetitive inspections. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 22, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 22,
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find the EASA material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available
in the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-1018.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1018; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
EASA AD, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0184R1, dated October 8, 2021
(EASA AD 2021-0184R1), to correct an unsafe condition for Airbus
Helicopters, formerly Eurocopter, Eurocopter France, Aerospatiale,
Model AS 332 L2 and EC 225 LP helicopters, all serial numbers.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Model AS332L2 and EC225LP helicopters. The NPRM published in the
Federal Register on December 1, 2021 (86 FR 68166). The NPRM was
prompted by a report of loss of tightening torque on the nut that
attaches the TGB bevel wheel. Additionally, the subsequent
investigation highlighted that loss of the tightening torque might lead
to degradation of the splines between the tail rotor shaft and the TGB
bevel wheel. The investigation is still on-going to

identify the root cause of the tightening torque loss. The NPRM
proposed to require repetitive inspections (measurements) of the
angular clearances of the TGB, and, depending on the findings,
replacement of the TGB with a serviceable TGB, as specified in EASA AD
2021-0184R1.
    After the FAA issued the NPRM, EASA issued EASA AD 2021-0184R2,
dated January 12, 2022 (EASA AD 2021-0184R2), which revises EASA AD
2021-0184R1 to correct the allowable angular clearance range. EASA
specifies that the angular clearance range specified in EASA AD 2021-
0184R1 was defined stricter than the one defined in the service
information. Therefore, EASA issued EASA AD 2021-0184R2 to correct the
allowable clearance range accordingly.
    The FAA is issuing this AD to address loss of tightening torque on
the nut that attaches the TGB bevel wheel, which, if not corrected,
could lead to structural failure of the TGB drive, resulting in
reduced, or loss of, control of the helicopter. See EASA AD 2021-0184R2
for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters. Except for minor editorial changes and
updating EASA AD 2021-0184R2 as the material incorporated by reference,
this AD is adopted as proposed in the NPRM. None of these changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0184R2 requires repetitive inspections (measurements)
of the angular clearances of the TGB, and, depending on the findings,
additional repetitive inspections (measurements) of the angular
clearances of the TGB at a reduced interval and replacement of the TGB
with a serviceable TGB. EASA AD 2021-0184R2 provides terminating action
for the repetitive inspections at the reduced interval for a helicopter
if, during two consecutive inspections, the value of the measured
angular clearance remains unchanged for that helicopter.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Interim Action

    The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Differences Between This AD and the EASA AD

    EASA AD 2021-0184R2 requires compliance in terms of flight hours,
this AD requires using hours time-in-service. Where EASA AD 2021-0184R2
refers to August 19, 2021 (the effective date of EASA AD 2021-0184,
dated August 5, 2021), this AD requires using the effective date of
this AD. Where the service information referenced in EASA AD 2021-
0184R2 specifies sending parts to the manufacturer or an approved
repair station to be examined, this AD does not include that
requirement.

Costs of Compliance

    The FAA estimates that this AD affects 38 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of TGB Clearance......  2 work-hours x $85               $0  $170 per inspection  $6,460 per
                                    per hour = $170                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that are required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need this on-condition action:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of TGB...................  33 work-hours x $85 per  Up to $410,000.........  Up to $412,805.
                                        hour = $2,805.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-03-17 Airbus Helicopters: Amendment 39-21934; Docket No. FAA-
2021-1018; Project Identifier MCAI-2021-00902-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 22, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332L2 and
EC225LP helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor
System.

(e) Unsafe Condition

    This AD was prompted by a report of loss of tightening torque on
the nut that attaches the tail gear box (TGB) bevel wheel. The FAA
is issuing this AD to address loss of tightening torque on the nut
that attaches the TGB bevel wheel, which, if not corrected, could
lead to structural failure of the TGB drive, resulting in reduced,
or loss of, control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0184R2, dated January 12, 2022 (EASA AD 2021-0184R2).

(h) Exceptions to EASA AD 2021-0184R2

    (1) Where EASA AD 2021-0184R2 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0184R2 refers to August 19, 2021 (the
effective date of EASA AD 2021-0184, dated August 5, 2021), this AD
requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0184R2 specifies sending parts to the manufacturer or an approved
repair station to be examined, this AD does not include that
requirement.
    (4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0184R2.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0184R2 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be permitted provided that there are
no passengers on board.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0184R2,
dated January 12, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2021-0184R2, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find the
EASA material on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-1018.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 26, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03137 Filed 2-14-22; 8:45 am]
BILLING CODE 4910-13-P


Date: September 23, 2004

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.  20590

In the matter of:

INTRA-ALASKA CLASS						        DOCKET 14694

SERVICE MAIL RATES						        DOCKET 14695

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

WARBELOW’S AIR VENTURES, INC. (WAV), an Alaskan carrier currently
authorized to transport United States Mail, hereby gives notice of its
intent to equalize between Fairbanks on the one hand and Shungnak, Kobuk
and Ambler on the other hand, with lower levels paid to another carrier
or combination of carriers in the market effective this date.

Order 90-10-34 provides that air carriers may elect to establish a
reduced charge equal to the charge prescribed for mail transportation
actually being performed between the same origin and destination points
by any other certified air carrier or combination of carriers,
regardless of routing.

Subject to the conditions below, WAV gives notice of its election to
equalize its otherwise applicable rate for small aircraft in the
Fairbanks to Shungnak, Kobuk and Ambler markets to match, on a total
rate per pound basis, the lower rate or combination of rates now in
effect or hereafter prescribed and paid, and further elects to equalize
its otherwise applicable rates in this market to any lower rate or
combination of rates prescribed and paid in the future to any other
carrier or carriers.

Rate equalization under this notice is effective for an indefinite
period.  This election will remain in effect until terminated by written
notice filed at least ten days in advance.  However, the equalization
ceases to be effective when and so long as a lower rated service,
including a combination of services, is not offered in the market at
issue or is not utilized by the Postal Service for mail transportation.

WHEREFORE, Warbelow's Air Ventures, Inc. gives notice of equalization of
its mail rates and requests equitable tender of mail pursuant to the
practices and procedures of the Department of Transportation and the
U.S. Postal Service.

Respectfully submitted,

Arthur Warbelow, President

Warbelow's Air Ventures, Inc.


[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78860-78864]
[FR Doc No: 2022-27750]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 138

[Docket No. USCG-2022-0252]
RIN 1625-AC84

Consumer Price Index Adjustments of Oil Pollution Act of 1990
Limits of Liability--Vessels, Deepwater Ports and Onshore Facilities

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is issuing this final rule to adjust the
limits of liability for vessels, deepwater ports, and onshore
facilities under the Oil Pollution Act of 1990 (OPA 90), as amended, to
reflect the increase in the Consumer Price Index since they were last
adjusted in 2019. These regulatory inflation increases to the limits of
liability are required by OPA 90 and are necessary to preserve the
deterrent effect and ``polluter pays'' principle embodied in the Act.
This update promotes the Coast Guard's missions of maritime safety and
stewardship.

DATES: This final rule is effective on March 23, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type ``USCG-
2022-0252'' in the search box and click ``Search.'' Next in the
Document Type Column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Benjamin White, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background and Justification for Final Rule
IV. Calculation for the Adjustment
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

BLS Bureau of Labor Statistics
BOEM Bureau of Ocean Energy Management
CPI Consumer Price Index
CPI-U Consumer Price Index--All Urban Consumers, Not Seasonally
Adjusted, U.S. City Average, All Items, 1982-84=100
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
OPA 90 Oil Pollution Act of 1990
U.S.C. United States Code
Sec.  Section

II. Basis and Purpose, and Regulatory History

    Under the Oil Pollution Act of 1990 (OPA 90) (33 U.S.C. 2701, et
seq.), the responsible parties for any vessel (other than a public
vessel) or facility from which oil is discharged, or which poses a
substantial threat of discharge of oil, into or upon the navigable
waters or the adjoining shorelines or the exclusive economic zone of
the United States are strictly liable, jointly and severally, under 33
U.S.C. 2702 (a) and (b), for the removal costs and damages that result
from such incident.\1\ Under 33 U.S.C. 2704 (a), the responsible
parties' liability with respect to OPA 90 and any one incident is
limited, subject to certain exceptions specified in 33 U.S.C. 2704 (c).
---------------------------------------------------------------------------

    \1\ OPA 90 defines ``liable'' and ``liability'' as ``the
standard of liability which obtains under section 1321 of this title
[Section 311 of the Federal Water Pollution Control Act].'' 33
U.S.C. 2701(17). Liability under Section 311, in turn, ``has been
determined repeatedly to be strict, joint and several.'' H.R.Rep.
No. 101-653, at 780 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780,
1990 WL132747.
---------------------------------------------------------------------------

    In the instances when a limit of liability applies, the Oil Spill
Liability Trust Fund (``the Fund'') is available to compensate the OPA
90 removal costs and damages incurred by the responsible parties and
third-party claimants in excess of the applicable limit of liability.
The statutory limits of liability for vessels and three types of
facilities are set forth in OPA 90: (1) Onshore facilities, (2)
deepwater ports, and (3) offshore facilities other than deepwater
ports. In addition, to prevent the real value of the OPA 90 statutory
limits of liability from depreciating over time as a result of
inflation, and to preserve the ``polluter pays'' principle, OPA 90
requires that the limits of liability be adjusted ``not less than every
3 years'' to reflect significant increases in the Consumer Price Index
(CPI).\2\
---------------------------------------------------------------------------

    \2\ 33 U.S.C. 2704(d)(4).
---------------------------------------------------------------------------

    The Coast Guard is responsible for adjusting the limits of
liability for vessels, deepwater ports, and onshore facilities. The
Department of the Interior's Bureau of Ocean Energy Management (BOEM)
is responsible for adjusting the limits of liability for offshore
facilities. Regarding vessels and deepwater ports, the Coast Guard
adjusted the limits of liability in 2009 (74 FR 31357),\3\, in 2015 (80
FR 72342), and in 2019 (84 FR 39970). Regarding onshore facilities, the
Coast Guard adjusted the limits of liability twice, in 2015 (80 FR
72342) and in 2019 (84 FR 39970), after the President issued Executive
Order 13638, which restated and simplified the delegations in Executive
Order 12777, section 4, and vested the authority to make CPI
adjustments to the onshore facility statutory limit of liability in
``the Secretary of the Department in which the Coast Guard is
operating.'' The Secretary of the Department of Homeland Security (DHS)
delegated that authority to the Coast Guard. Regarding offshore
facilities, BOEM published a final rule and adjusted the limits of
liability for offshore facilities in 2018 (83 FR 2540) from
$133,650,000 to $137,659,500.
---------------------------------------------------------------------------

    \3\ The 2009 interim rule was adopted without change as a final
rule in 2010 (75 FR 750).
---------------------------------------------------------------------------

III. Background and Justification for Final Rule

    The Coast Guard is promulgating this rule pursuant to the
provisions of Title I of OPA 90, Executive Order 12777, as amended, and
Coast Guard regulations in Title 33 of the Code of Federal Regulations
(CFR) part 138, subpart B--OPA 90 Limits of Liability (Vessels,
Deepwater Ports and Onshore Facilities). Under 5 U.S.C. 553(b)(B), the
Coast Guard has good cause for issuing this final rule without notice
or comment. Generally, Section 553 ``gives affected parties an
opportunity to participate in agency decision making early in the
process, when the agency is more likely to consider alternative
ideas.'' \4\ However, prior notice and comment is unnecessary ``where a
minor or merely technical amendment in which the public is not
particularly interested'' arises.\5\ Prior notice and comment is also
unnecessary when the good cause inquiry is ``confined to those
situations in which the administrative rule is a routine determination,
insignificant in nature and impact, and inconsequential to the industry
and to the public.'' \6\ Courts have further held that notice and
comment procedures are unnecessary where Congress requires an

agency to perform a nondiscretionary ministerial act.\7\ In this
instance, a proposed rule is unnecessary because the adjustment in the
limit of liability is a routine determination mandated by statute, and
is therefore nondiscretionary for the Coast Guard. The calculation of
the liability limits is ministerial in nature. Furthermore, the
methodology for determining the amount is defined in the Coast Guard's
regulations, and the regulations in 33 CFR 138.240(a) provide that
inflation adjustments to the limits of liability for vessels, deepwater
ports, and onshore facilities will be implemented through final
rulemaking.\8\ The preambles of the NPRM and the final rule for the
2015 inflation adjustment (at 79 FR 49205 and 80 FR 72342) together
provide the full legislative and regulatory history for the OPA 90
limit of liability inflation adjustments.
---------------------------------------------------------------------------

    \4\ Northern Arapahoe Tribe v. Hodel, 808 F.2d 741, 751 (10th
Cir. 1987).
    \5\ Id.
    \6\ Mack Trucks, Inc. v. E.P.A., 682 F.3d 87, 94, (D.C. Cir.
2012).
    \7\ Metzenbaum v. FERC, 675 F.2d 1282, 1291 (D.C. Cir. 1982).
    \8\ In the NPRM for the 2015 adjustment, titled Consumer Price
Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-
Vessels, Deepwater Ports and Onshore Facilities, the Coast Guard
proposed a simplified regulatory procedure for making future
inflation updates to the OPA 90 limits of liability. Under that
procedure in 33 CFR 138.240(a), the Director of the National
Pollution Funds Center (NPFC) publishes the inflation-adjusted
limits of liability in the Federal Register as final rule amendments
to 33 CFR 138.230. Further, the preamble of that NPRM stated that ``
[b]ecause the adjustment methodology was established by the CPI-1
Rule, and the simplified [regulatory] procedure will be established
by this rulemaking, publication of an NPRM would not be necessary
for these future mandated inflation adjustments.'' 79 FR 49205 at
49211; August 19, 2014.
---------------------------------------------------------------------------

IV. Calculation for the Adjustment

    The Coast Guard is issuing this final rule to update the OPA 90
limits of liability for vessels, deepwater ports, and onshore
facilities, as set forth in 33 CFR part 138, subpart B, to reflect
significant increases in the CPI since the limits were last adjusted.
OPA 90 requires adjustments to the limits of liability not less than
every 3 years to reflect significant increases in the CPI. The method
for calculating these adjustments is set forth in 33 CFR 138.240.
    This final rule provides these periodic inflation adjustments to
the limits of liability to reflect changes in the CPI since the limits
were last adjusted for inflation in 2019 (84 FR 39970). As provided in
33 CFR 138.240, we calculate limit of liability adjustments, using the
Consumer Price Index--All Urban Consumers, Not Seasonally Adjusted,
U.S. City Average, All Items, 1982-84=100 (CPI-U) values published by
the Bureau of Labor Statistics (BLS), as follows--
    1. Formula to calculate the percent change in the Annual CPI-U:

Percent change in the Annual CPI-U = [(Annual CPI-U for current period-
Annual CPI-U for previous period) / Annual CPI-U for previous period] x
100, then rounded to one decimal place.

    2. Formula to derive the new limit of liability, applying the
percent change in the Annual CPI-U:

New Limit of Liability = Previous Limit of Liability + (Previous Limit
of Liability x Percent Change in CPI), then rounded to the closest
$100.

    For this update, we used the 2021 Annual CPI-U value of 270.970 as
the ``current period'' value, which is the most recent Annual CPI-U
published by the BLS.\9\ The Coast Guard used the 2018 Annual CPI-U
value of 251.107 as the ``previous period'' value, which was the Annual
CPI-U used as the ``current period'' value when the limits of liability
were last adjusted in 2019. Applying the formula in Item 1 above, we
have determined that there was a 7.91 percent increase in the Annual
CPI-U since the OPA 90 limits of liability for vessels, deepwater
ports, and onshore facilities were last adjusted. Table 1 below shows
the previous and new limits of liability derived by applying the
percent increase using the formula in Item 2 above.
---------------------------------------------------------------------------

    \9\ https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202207.pdf.
    \10\ As of January 1, 2015, tank vessels not equipped with a
double hull can no longer operate on waters subject to the
jurisdiction of the United States, including the Exclusive Economic
Zone, carrying oil in bulk as cargo or cargo residue; and there are
no waivers or extensions of the deadline. However, OPA 90 continues
to specify limits of liability for single-hull tank vessels. The
Coast Guard, therefore, continues to adjust those limits of
liability for inflation.

                                    Table 1--CPI-Adjusted Limits of Liability
----------------------------------------------------------------------------------------------------------------
                                                                    Percent increase
            Source category                 Previous limit of      in the annual CPI-  New CPI-adjusted limit of
                                                liability                   U                  liability
----------------------------------------------------------------------------------------------------------------
                                            Sec.   138.230(a) Vessels
----------------------------------------------------------------------------------------------------------------
(1) The OPA 90 limits of liability for
 tank vessels, other than edible oil
 tank vessels and oil spill response
 vessels, are--
    (i) For a single-hull tank vessel   The greater of $3,700 per                7.91  The greater of $4,000 per
     greater than 3,000 gross tons       gross ton or $27,422,200.                      gross ton or
     \10\.                                                                              $29,591,300.
    (ii) For a tank vessel greater      The greater of $2,300 per                7.91  The greater of $2,500 per
     than 3,000 gross tons, other than   gross ton or $19,943,400.                      gross ton or
     a single-hull tank vessel.                                                         $21,521,000.
    (iii) For a single-hull tank        The greater of $3,700 per                7.91  The greater of $4,000 per
     vessel less than or equal to        gross ton or $7,478,800.                       gross ton or $8,070,400.
     3,000 gross tons.
    (iv) For a tank vessel less than    The greater of $2,300 per                7.91  The greater of $2,500 per
     or equal to 3,000 gross tons,       gross ton or $4,985,900.                       gross ton or $5,380,300.
     other than a single-hull tank
     vessel.

(2) The OPA 90 limits of liability for  The greater of $1,200 per                7.91  The greater of $1,300 per
 any vessel other than a vessel listed   gross ton or $997,100.                         gross ton or $1,076,000.
 in paragraph (a)(1) of Sec.
 138.230, including for any edible oil
 tank vessel and any oil spill
 response vessel, are--.
----------------------------------------------------------------------------------------------------------------
                                        Sec.   138.230(b) Deepwater ports
----------------------------------------------------------------------------------------------------------------
(1) The OPA 90 limit of liability for   $672,514,900.............                7.91  $725,710,800.
 any deepwater port, including for any
 component pipelines, other than a
 deepwater port listed in paragraph
 (b)(2) of Sec.   138.230, is--.
(2) The OPA 90 limits of liability for
 deepwater ports with limits of
 liability established by regulation
 under OPA 90 (33 U.S.C. 2704(d)(2)),
 including for any component
 pipelines, are--
    (i) For the Louisiana Offshore Oil  $102,245,000.............                7.91  $110,332,600.
     Port (LOOP).
    (ii) [Reserved]...................  Not Applicable (N.A.)....                N.A.  N.A.
----------------------------------------------------------------------------------------------------------------
                                      Sec.   138.230(c) Onshore facilities
----------------------------------------------------------------------------------------------------------------
The OPA 90 limit of liability for       $672,514,900.............                7.91  $725,710,800.
 onshore facilities, including, but
 not limited to, motor vehicles,
 rolling stock and onshore pipeline,
 is--.
----------------------------------------------------------------------------------------------------------------

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    This rule has not been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, the
rule has not been reviewed by the Office of Management and Budget. A
regulatory analysis (RA) follows.
    This final rule is an update to the limit of liability for vessels,
deepwater ports, and onshore facilities under OPA 90. This rule does
not increase the regulatory burden on regulated entities when measured
in constant or real dollars. This final rule simply maintains the value
of the limit of liability set by OPA 90 by updating the limit of
liability for inflation, as required by OPA 90 in 33 U.S.C. 2704(d)(4).
Regulatory Cost
    This final rule increases the limits of liability under OPA 90 for
vessels, deepwater ports, and onshore facilities by 7.91 percent. The
Coast Guard does not expect Certificate of Financial Responsibility
guarantor insurance premiums for vessels to increase as a result of
this rule. This final rule will only affect vessels, deepwater ports,
and onshore facilities that have an OPA 90 incident that exceeds their
existing limit of liability. The Coast Guard estimates that this final
rule will affect, at most, three vessels per year. We estimate that the
rule could also affect one deepwater port and one onshore facility over
a 10-year period. In such a case, the maximum amount of additional
liability will represent a maintenance of the value of the limits of
liability set by OPA 90.
Regulatory Benefit
    This rulemaking ensures that the OPA 90 limits of liability keep
pace with inflation as required by OPA 90 (33 U.S.C. 2704(d)(4)). This
final rule requires responsible parties to internalize inflation,
thereby benefitting the public, because the appropriate amount of
removal costs and damages are borne by the responsible party. The
liability risk will not shift from the responsible party to the public
and the Fund. This helps preserve the ``polluter pays'' principle as
intended by Congress and preserves the Fund for its other authorized
uses. Absent CPI adjustments, a responsible party gains an advantage
not intended by OPA 90. Without inflation incorporated into the
determination of the applicable limit of liability, the responsible
party ultimately pays a reduced percentage of the total incident costs.
Hence, this final rule ensures that the limits of liability

are adjusted according to inflation and remain constant over time.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Regulatory Flexibility Act does not apply when notice and
comment rulemaking is not required. This rule is not preceded by a
notice of proposed rulemaking (NPRM). Therefore, it is exempt from the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612).
Furthermore, this rulemaking is statutorily mandated. Pursuant to
established procedure in 33 CFR 138.240(a), an NPRM is unnecessary.
Therefore, the Coast Guard has determined that a Regulatory Flexibility
Analysis does not apply to this rulemaking.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new or revised collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
    This final rule makes necessary adjustments to the OPA 90 limits of
liability to reflect significant increases in the CPI. Nothing in this
final rule affects the preservation of State authorities under 33
U.S.C. 2718, including the authority of any State to impose additional
liability or financial responsibility requirements with respect to
discharges of oil within such State. Therefore, this final rule has no
implications for federalism.
    The Coast Guard recognizes the key role that State and local
governments may have in making regulatory determinations. Additionally,
for rules with federalism implications and preemptive effect, Executive
Order 13132 specifically directs agencies to consult with State and
local governments during the rulemaking process. The Coast Guard
invites anyone who believes this rule has implications for federalism
under Executive Order 13132 to contact the person listed in the FOR
FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

    We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy

Act of 1969 (42 U.S.C. 4321-4370f), and have made a determination that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. This rule is categorically
excluded under paragraph L53 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Paragraph L53 pertains to
congressionally mandated regulations designed to improve or protect the
environment. This rule adjusts the limits of liability for vessels,
deepwater ports, and onshore facilities to reflect significant
increases in the CPI using the methodology established in 33 CFR
138.40(a) and mandated by statute.

List of Subjects in 33 CFR Part 138

    Hazardous materials transportation, Insurance, Oil pollution,
Reporting and recordkeeping requirements, Surety bonds, Vessels, Water
pollution control.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 138 as follows:

PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)
AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND
ONSHORE FACILITIES)

0
1. The authority citation for part 138 continues to read as follows:

    Authority: 6 U.S.C. 552(d); 33 U.S.C. 2704, 2716, 2716a; 42
U.S.C. 9608, 9609; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193;
E.O. 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by
E.O. 13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638,
Sec. 1, 3 CFR, 2014 Comp., p. 227; Department of Homeland Security
Delegation Nos. 00170.1, Revision 01.2, and 5110, Revision 01.
Section 138.40 also issued under the authority of 46 U.S.C. 2103 and
14302.

Subpart B--OPA 90 Limits of Liability (Vessels, Deepwater Ports and
Onshore Facilities)

Sec.  138.230   [Amended]

0
2. Amend Sec.  138.230 as follows:
0
a. In paragraph (a)(1)(i), remove the text ``$3,700 per gross ton or
$27,422,200'' and add, in its place, the text ``$4,000 per gross ton or
$29,591,300'';
0
b. In paragraph (a)(1)(ii), remove the text ``$2,300 per gross ton or
$19,943,400'' and add, in its place, the text ``$2,500 per gross ton or
$21,521,000'';
0
c. In paragraph (a)(1)(iii), remove the text ``$3,700 per gross ton or
$7,478,800'' and add, in its place, the text ``$4,000 per gross ton or
$8,070,400'';
0
d. In paragraph (a)(1)(iv), remove the text ``$2,300 per gross ton or
$4,985,900'' and add, in its place, the text ``$2,500 per gross ton or
$5,380,300'';
0
e. In paragraph (a)(2), remove the text ``$1,200 per gross ton or
$997,100'' and add, in its place, the text ``$1,300 per gross ton or
$1,076,000'';
0
f. In paragraph (b)(1) remove the text ``$672,514,900'' and add, in its
place, the text ``$725,710,800'';
0
g. In paragraph (b)(2)(i), remove the text ``$102,245,000'' and add, in
its place, the text ``$110,332,600''; and
0
h. In paragraph (c), remove the text ``$672,514,900'' and add, in its
place, the text ``$725,710,800''.

     Dated: December 9, 2022.
Jo-Ann F. Burdian,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response
Policy.
[FR Doc. 2022-27750 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-04-P


Make up a 2% v/v solution of Fungi-Phite Ca in water.  Use approximately 100 gallons of diluted solution per 30 bins[#] of fruit.

For applications to aqueous sprays prior to washing, apply 3 pints per 25 gallons spray mixture.
Ensure complete and even coverage and that fruit is drenched for at least 60 seconds.
  [#]Note: Average Bin Weight = 800 lbs or 30 bins weigh 12 Tons

[†]For use on Avocado, Pome Fruit (Apples, Pears, Loquat, Mayhaw, Quince), Stone Fruit [Apricots, Cherry (sour), Cherry (sweet), Nectarine, Peach, Plum, Plumcot, Prune], Banana, Plantain, Mango, Papaya, Pineapple, Guava, Lychee, Longan, Mangosteen, Carambola, Wax Apple, and Carrots in a Drench Tank or as a Spray

                                     CROP
                                    DISEASE
                               APPLICATION RATE
                              APPLICATION PROGRAM
Avocado
Suppression** of Anthracnose (Colletotrichum spp.)
Dithiorella and Cercospora spp.
Apply 1-1.5 gallons Fungi-Phite Ca per 100 gallons of water. Use approximately 100 gallons of diluted solution per 30 bins[#] of fruit.
Ensure complete and even coverage.  Replace solution every 30 bins of fruit.

Pome Fruit
Suppression**  of
Brown Rot (Phytophthora spp.) Blue Mold (Penicillium spp.) Bitter Rot (Glomularia spp.) and Monolinia spp.
Apply 1-1.5 gallons Fungi-Phite Ca per 100 gallons of water. Use approximately 100 gallons [(950 L)] of diluted solution per 30 bins[#] of fruit.
Ensure complete and even coverage.  Replace solution every 30 bins of fruit.

Stone Fruit
Suppression** of Brown Rot (Phytophthora spp.)
(Monolinia spp.) Grey Mold (Botrytis) and Blue Mold (Penicillium spp.)
Apply 1 gallon Fungi-Phite Ca per 100 gallons of water. Use approximately 100 gallons of diluted solution per 30 bins[#] of fruit.
Ensure complete and even coverage.  Replace solution every 30 bins of fruit.

Bananas &
Plantains

Suppression** of
Crown Rot (Fusarium spp.), Anthracnose (Colletotrichum spp.) Speckle, Freckle and Finger Rot
Dehanding Tank:
Apply 2-3 gallons Fungi-Phite Ca per 200 gallons of water. Replenish every 2 days.

Fungicide Application:  Apply as a spray mix with other fungicides at 1-2 pints  Fungi-Phite Ca per 25 gallons of water
Apply to dehanded fruit after fruit has passed through the delatexing tank.  Apply as a part of the post-harvest fungicide treatment.
Mangos, Papayas, Pineapple, Lychee, Longan, Carambola, Wax Apple, Mangosteen, and Guava
Suppression** of Anthracnose spp., Black Spot, Chocolate Spot, Cercospora, Alternaria, Botryodiplodia, Phomopsis, Cladosporium
Fruit Dip:
Make up a 2% v/v solution of Fungi-Phite Ca in water.
Use one gallon of the diluted mix per 4,000 lbs. of fruit.
Ensure complete and even coverage.  Apply with other fungicides in hot or cold water.
Carrots
Suppression** of Cavity Spot, Fusarium Rot,  Phytophthora Rot, Grey Mold (Botrytis cineria) Crown Rot and Black Rot
Apply 3 pints Fungi-Phite Ca per 75 gallons of water. Use  one gallon of the diluted mix per 6,000 lbs. of carrots
Immerse carrots for 5-10 seconds prior to storage. Replace solution when it appears dirty.
{[†]Not registered for use in CA unless accompanied by supplemental labeling}
[#]Note: Average Bin Weight = 800 lbs or 30 bins weigh 12 Tons
             {†}For use on Cut Flowers, Roses and Chrysanthemums

                                     CROP
                                    DISEASE
                               APPLICATION RATE
                              APPLICATION PROGRAM
Roses, Chrysanthemums, Carnations and Other Cut flowers
For the Suppression** of post-harvest storage rots, including Botrytis, Anthracnose, vascular wilts and soft rots
Apply 0.5-1.5 pints Fungi-Phite Ca per 100 gallons in the hydrating solution.

Use the lower rate (0.5 pints/100 gallons when low pest pressure is present. Use the higher rate (1.5 pints/100 gallons when high pest pressure is present
Ensure complete and even coverage of cut flower stems when immersing. Do not immerse the flower heads.
{[†]Not registered for use in CA unless accompanied by supplemental labeling}

**Suppression: Fungi-Phite Ca has suppressive properties on diseases caused by certain bacteria or fungi. When applying Fungi-Phite Ca for disease suppression, use it in combination with another registered bacteriacide or fungicide registered for the same crops listed on this label.

                             STORAGE AND DISPOSAL
Do not contaminate water, food or feed by storage and disposal.

PESTICIDE STORAGE:  Store in a cool, dry place.

PESTICIDE DISPOSAL:  Wastes resulting from the use of this product must be disposed of on site or at an approved waste disposal facility.

CONTAINER HANDLING:
Nonrefillable Container (five gallons or less): Nonrefillable container. Do not reuse or refill this container. Offer for recycling, if available. Clean container promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times.

Nonrefillable Container (greater than five gallons): Nonrefillable container. Do not reuse or refill this container. Offer for recycling, if available. Clean container promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times.

Refillable Container: Refillable container. Refill this container with Calcium and Potassium Salts of Phosphorous Acid only. Do not reuse this container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refiller. To clean the container before final disposal, empty the remaining contents from this container into application equipment or mix tank. Fill the container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times.

[FOR CHEMICAL EMERGENCY ONLY (SPILL, LEAK, OR FIRE), CALL [CHEMTREC AT 1-800-424-9300].]

WARRANTY STATEMENT
VERDESIAN LIFE SCIENCES, LLC warrants that the product conforms to the chemical description on the label and is reasonably fit for the purposes set forth on the label when used according to directions under normal use conditions.  THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  This warranty does not extend to the handling or use of this product contrary to label instructions or under abnormal conditions not reasonably foreseeable to seller and to the fullest extent permitted by state law, buyer assumes all risk of any such use.

[Label version 05/17/2016]