[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51583-51586]
[DOCID:fr07oc09-56]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0742; FRL-8793-8]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires
any person who intends to manufacture (defined by statute to include
import) a new chemical (i.e., a chemical not on the TSCA Inventory) to
notify EPA and comply with the statutory provisions pertaining to the
manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of
TSCA, EPA is required to publish a notice of receipt of a
premanufacture notice (PMN) or an application for a test marketing
exemption (TME), and to publish periodic status reports on the
chemicals under review and the receipt of notices of commencement to
manufacture those chemicals. This status report, which covers the
period from August 17, 2009 through September 4, 2009, consists of the
PMNs pending or expired, and the notices of commencement to manufacture
a new chemical that the Agency has received under TSCA section 5 during
this time period.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before November 6, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0742, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0742. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0742. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 regulations.gov or e-
mail. The regulations.gov website 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 send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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 docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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 electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the premanufacture notices
addressed in the action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket.

Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
     i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
     vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Why is EPA Taking this Action?

    Section 5 of TSCA requires any person who intends to manufacture
(defined by statute to include import) a new chemical (i.e., a chemical
not on the TSCA Inventory to notify EPA and comply with the statutory
provisions pertaining to the manufacture of new chemicals. Under
sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a
notice of receipt of a PMN or an application for a TME and to publish
periodic status reports on the chemicals under review and the receipt
of notices of commencement to manufacture those chemicals. This status
report, which covers the period from August 17, 2009 through September
4, 2009, consists of the PMNs pending or expired, and the notices of
commencement to manufacture a new chemical that the Agency has received
under TSCA section 5 during this time period.

III. Receipt and Status Report for PMNs

    This status report identifies the PMNs pending or expired, and the
notices of commencement to manufacture a new chemical that the Agency
has received under TSCA section 5 during this time period. If you are
interested in information that is not included in the following tables,
you may contact EPA as described in Unit I. to access additional non-
CBI information that may be available.
    In Table I of this unit, EPA provides the following information (to
the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: the EPA case number assigned to the
PMN; the date the PMN was received by EPA; the projected end date for
EPA's review of the PMN; the submitting manufacturer; the potential
uses identified by the manufacturer in the PMN; and the chemical
identity.

                                              I. 54 Premanufacture Notices Received From: 8/17/09 to 9/4/09
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                                                              Projected Notice End
              Case No.                    Received Date               Date           Manufacturer/Importer           Use                  Chemical
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P-09-0569                            08/14/09                11/11/09                CBI                    (S) Laminating         (G) Polyester polyol
                                                                                adhesive
P-09-0570                            08/17/09                11/14/09                CBI                    (G) Intermediate in    (G) Alkyl thiol,
                                                                                the production of a    manufacture of, by-
                                                                                commercial product     products from,
                                                                                distn. heavies
P-09-0571                            08/17/09                11/14/09                CBI                    (G) Intermediate in    (G) Alkyl thiol,
                                                                                the production of a    manufacture of, by-
                                                                                commercial product     products from,
                                                                                distant residues
                                                                                heavies
P-09-0572                            08/17/09                11/14/09                CBI                    (G) Intermediate in    (G) Alkyl thiol,
                                                                                the production of a    manufacture of, by-
                                                                                commercial product     products from,
                                                                                distant heavies
P-09-0573                            08/17/09                11/14/09                CBI                    (G) Intermediate in    (G) Alkyl thiol,
                                                                                the production of a    manufacture of, by-
                                                                                commercial product     products from,
                                                                                distant residues
                                                                                heavies
P-09-0574                            08/18/09                11/15/09                CBI                    (G) Additive           (G) Acrylic based
                                                                                copolymer
P-09-0575                            08/18/09                11/15/09                CBI                    (G) Pigment additive   (G)
                                                                                for industrial         Naphthalenesulfonic
                                                                                coatings and ink       acid, [(chloro-
                                                                                manufacture and for    methyl-
                                                                                plastics compounding   sulfophenyl)diazenyl
                                                                                ]-hydroxy-metal salt
P-09-0576                            08/18/09                11/15/09                CBI                    (G) Pigment additive   (G)
                                                                                for industrial         Naphthalenesulfonic
                                                                                coatings and ink       acid, [(methyl-
                                                                                manufacture and for    sulfophenyl)diazenyl
                                                                                plastics compounding   ]-hydroxy-metal salt
P-09-0577                            08/18/09                11/15/09                CBI                    (G) Pigment additive   (G)
                                                                                for industrial         Naphthalenesulfonic
                                                                                coatings and ink       acid, [(chloro-
                                                                                manufacture and for    methyl-
                                                                                plastics compounding   sulfophenyl)diazenyl
                                                                                ]-hydroxy-metal salt
P-09-0578                            08/18/09                11/15/09                CBI                    (G) Pigment additive   (G)
                                                                                for industrial         Naphthalenesulfonic
                                                                                coatings and ink       acid, [(methyl-
                                                                                manufacture and for    sulfophenyl)diazenyl
                                                                                plastics compounding   ]-hydroxy-metal salt
P-09-0579                            08/18/09                11/15/09                Republic conduit       (S) Sulfuric acid,     (S) Sulfuric acid,
                                                                                manufacturing          zinc salt for          zinc salt (1:1)
                                                                                electroplating (in
                                                                                house use)
P-09-0580                            08/19/09                11/16/09                Republic conduit       (S) Sodium zincate     (S) Zincate (ZNO22-),
                                                                                manufacturing          (in house use)         sodium (1:2)
P-09-0581                            08/19/09                11/16/09                CBI                    (S) Raw material       (G) Styrenyl surface
                                                                                intermediate used in   treated manganese
                                                                                the manufacture of     ferrite
                                                                                polymerized pigments
P-09-0582                            08/19/09                11/16/09                CBI                    (S) Polymerized        (G) Acrylate polymer
                                                                                pigment used in the    stabilized manganese
                                                                                manufacture of         ferrite
                                                                                electronic inks.
P-09-0583                            08/20/09                11/17/09                CBI                    (G) Ink ingredient     (G) Anthraquinone
                                                                                acid dye salt

P-09-0584                            08/20/09                11/17/09                CBI                    (G) Ink ingredient     (G) Copper
                                                                                phthalocyanine
                                                                                direct dye salt
P-09-0585                            08/21/09                11/18/09                DIC International      (G) Plastic coatings   (G) Polymer of
                                                                                (USA), LLC.                                   aliphatic cyclic
                                                                                methacrylic acid and
                                                                                aliphatic
                                                                                methacrylic acid
                                                                                ester
P-09-0586                            08/24/09                11/21/09                CBI                    (G) Non-dispersive     (G) Aromatic modified
                                                                                adhesive application   terpene polymer
P-09-0587                            08/24/09                11/21/09                CBI                    (G) Thermoset          (S) Butanedioic acid,
                                                                                adhesive additive      2-methylene-,
                                                                                intermediate           monoisooctadecyl
                                                                                ester
P-09-0588                            08/24/09                11/21/09                CBI                    (G) Thermoset          (S) Butanedioic acid,
                                                                                adhesive additive      2-methylene-,
                                                                                monoisooctadecyl
                                                                                ester, palladium(2+)
                                                                                salt (2:1)
P-09-0589                            08/19/09                11/16/09                CBI                    (G) Chain extender     (G) Oximosilane
P-09-0590                            08/19/09                11/16/09                CBI                    (G) Chain extender     (G) Oximosilane
P-09-0591                            08/24/09                11/21/09                H.B. Fuller            (G) Industrial         (G) Polyester fatty
                                                                                adhesive               acid polymer
P-09-0592                            08/25/09                11/22/09                CBI                    (G) Open non-          (G) Aqueous
                                                                                dispersive use         polyurethane resin
                                                                                dispersion
P-09-0593                            08/26/09                11/23/09                CBI                    (G) Open non-          (G) Urethane acrylate
                                                                                dispersive use         dispersion
P-09-0594                            08/26/09                11/23/09                CBI                    (G) Analytical         (G) Nitrate reductase
                                                                                chemistry (same for
                                                                                both enzymes)
P-09-0595                            08/26/09                11/23/09                CBI                    (G) Analytical         (G) Nitrate reductase
                                                                                chemistry (same for
                                                                                both enzymes)
P-09-0596                            08/27/09                11/24/09                CBI                    (G) Sealant            (G)
                                                                                Poly[oxyalkylene],
                                                                                alpha, alpha',
                                                                                alpha''-1,2,3-
                                                                                propanetriyltris [/-
                                                                                [3-
                                                                                (dialkoxyalkylsilyl)
                                                                                alkoxy]-
P-09-0597                            08/27/09                11/24/09                Firmenich              (S) Aroma for use in   (S) Definition:
                                                                                Incorporated           fragrance mixtures,    Extractives and
                                                                                which in turn are      their physically
                                                                                used in perfumes,      modified
                                                                                soaps, cleansers,      derivatives.
                                                                                etc.                   Cupressus funebris.
P-09-0597                            08/27/09                11/24/09                Firmenich              (S) Aroma for use in   (S) Oils, cypress,
                                                                                Incorporated           fragrance mixtures,    Cypressus funebris.
                                                                                which in turn are
                                                                                used in perfumes,
                                                                                soaps, cleansers,
                                                                                etc.
P-09-0598                            08/28/09                11/25/09                CBI                    (G) Textile            (G) Alkyl acrylic
                                                                                processing aid         acid, polymer with
                                                                                alkyl acrylate alkyl
                                                                                ester and alkyldiyl
                                                                                diacrylate
P-09-0599                            08/27/09                11/24/09                CBI                    (G) Material for       (G) Triaryl sulfonium
                                                                                photosensitive resin   salts with haloalkyl
                                                                                phosphate
P-09-0600                            08/28/09                11/25/09                CBI                    (G) Intermediate in    (G) Alkyl thiol,
                                                                                the production of a    manufacture of, by-
                                                                                commercial product     products from,
                                                                                distant lights
P-09-0601                            08/28/09                11/25/09                Kemira Chemicals       (G) Chemical           (G)
                                                                                intermediate,          Organohalocarboxylat
                                                                                destructive use        e
P-09-0602                            08/28/09                11/25/09                Kemira Chemicals       (G) Polymer additive   (G)
                                                                                intermediate:          Diorganotrithiocarbo
                                                                                Destructive use.       nate
P-09-0603                            08/28/09                11/25/09                Kemira Chemicals       (G) Polymer additive   (G)
                                                                                intermediate:          Diorganotrithiocarbo
                                                                                Destructive use.       nate
P-09-0604                            08/28/09                11/25/09                Kemira Chemicals       (G) Polymer additive   (G)
                                                                                intermediate:          Diorganotrithiocarbo
                                                                                Destructive use.       nate
P-09-0605                            08/28/09                11/25/09                DIC International      (G) Coating for        (G) Styrene methyl
                                                                                (USA) LLC              plastic films.         methacrylate acrylic
                                                                                resin
P-09-0606                            08/28/09                11/25/09                The Dow Chemical       (S) Adhesives;         (G) MDI based
                                                                                Company                binders; sealants      polyester prepolymer
P-09-0607                            08/28/09                11/25/09                The Dow Chemical       (S) Adhesives;         (G) MDI based
                                                                                Company                binders; sealants      polyester prepolymer
P-09-0608                            08/28/09                11/25/09                The Dow Chemical       (S) Adhesives;         (G) MDI based
                                                                                Company                binders; sealants      polyester prepolymer
P-09-0609                            08/28/09                11/25/09                CBI                    (G) Detergents and     (G) Acrylic copolymer
                                                                                cleaner additive
P-09-0610                            08/31/09                11/28/09                CBI                    (G) Starting material  (G) Alkylbenzene
                                                                                sulfonic acid
P-09-0611                            09/02/09                11/30/09                CBI                    (G) Stabilizer for     (G) Condensed polyol
                                                                                poly vinyl chloride
P-09-0612                            08/28/09                11/25/09                CBI                    (G) Filler             (G) Silane treated
                                                                                glass
P-09-0613                            09/03/09                12/01/09                CBI                    (S) Compounding        (G) Cardanol-based
                                                                                process aid            alkyl phosphate
P-09-0614                            09/03/09                12/01/09                CBI                    (G) Lubricant          (G) 2-propenoic acid,
                                                                                additive               2-methyl-, C12	15-
                                                                                branched and linear
                                                                                alkyl esters,
                                                                                polymers with alkyl
                                                                                methacrylates alkyl
                                                                                peroxide-initiated
P-09-0615                            09/03/09                12/01/09                CBI                    (G) Ink additive       (S) Alkenes, C26	30
                                                                                .alpha.-, polymd.
P-09-0616                            09/04/09                12/02/09                CBI                    (G) Unsaturated        (G) Unsaturated
                                                                                polyester resin for    polyester polyol
                                                                                filled and fiber
                                                                                reinforced
                                                                                composites

P-09-0617                            09/04/09                12/02/09                CBI                    (G) Unsaturated        (G) Unsaturated
                                                                                polyester resin for    polyester polyol
                                                                                filled and fiber
                                                                                reinforced
                                                                                composites
P-09-0618                            09/04/09                12/02/09                The Dow Chemical       (S) Polymer for        (G) MDI polyureau
                                                                                Company                production of          prepolymer
                                                                                polyurea articles
P-09-0619                            09/04/09                12/02/09                The Dow Chemical       (S) Polymer for        (G) MDI polyureau
                                                                                Company                production of          prepolymer
                                                                                polyurea articles
P-09-0620                            09/04/09                12/02/09                The Dow Chemical       (S) Polymer for        (G) MDI polyureau
                                                                                Company                production of          prepolymer
                                                                                polyurea articles
P-09-0621                            09/04/09                12/02/09                The Dow Chemical       (S) Polymer for        (G) MDI polyureau
                                                                                Company                production of          prepolymer
                                                                                polyurea articles
P-09-0622                            09/04/09                12/02/09                The Dow Chemical       (S) Polymer for        (G) MDI polyureau
                                                                                Company                production of          prepolymer
                                                                                polyurea articles
P-09-0623                            09/04/09                12/02/09                The Dow Chemical       (S) Polymer for        (G) MDI polyureau
                                                                                Company                production of          prepolymer
                                                                                polyurea articles
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the
Notices of Commencement to manufacture received:

                             II. 16 Notices of Commencement From: 8/17/09 to 9/4/09
----------------------------------------------------------------------------------------------------------------
                                                                Commencement Notice
              Case No.                     Received Date             End Date                  Chemical
----------------------------------------------------------------------------------------------------------------
P-04-0269                             09/01/09                08/17/09                (G) Mixed metal oxide
P-05-0613                             08/14/09                07/17/09                (G) Bisphenol S mono ester
P-07-0070                             08/18/09                07/28/09                (G) MDI and polymeric mdi
                                                                                prepolymer
P-08-0093                             08/18/09                08/01/09                (G) Aromatic polyester
                                                                                polyol
P-08-0256                             09/02/09                08/04/09                (S) Fatty acids, C16	18
                                                                                and C18-unsaturated, me
                                                                                esters, epoxidized,
                                                                                polymers with ethylene
                                                                                glycol
P-08-0485                             08/18/09                08/12/09                (G) Isocyanate functional
                                                                                polyester polyether
                                                                                urethane polymer
P-08-0687                             08/27/09                08/18/09                (G) First substance:
                                                                                Amines, polyethylenepoly-
                                                                                , reaction products with
                                                                                isostearic acid and
                                                                                disubstituted methanal;
                                                                                Second substance:
                                                                                Alkylamide, N-(2-
                                                                                ethylhexyl)-
P-08-0733                             08/26/09                07/26/09                (G) A multi-walled carbon
                                                                                nanotube
P-09-0235                             08/27/09                07/28/09                (G) Aspartic ester resin
P-09-0237                             08/26/09                08/10/09                (G) Formaldehyde, polymers
                                                                                with alkylphenol,
                                                                                branched and alkylamine
P-09-0276                             09/02/09                08/19/09                (G) Aliphatic diol polymer
                                                                                with isocyanates and
                                                                                acrylates
P-09-0290                             08/20/09                08/05/09                (G) Solid epoxy resin
P-09-0315                             08/26/09                07/27/09                (G) Modified (poly) lactic
                                                                                acid
P-09-0320                             08/28/09                08/14/09                (G) Silsesquioxanes
P-09-0330                             09/02/09                08/28/09                (G) Substituted butyric
                                                                                propionic acid copolymer
P-09-0337                             08/19/09                08/06/09                (G) Polyol, polyester
                                                                                polyol
----------------------------------------------------------------------------------------------------------------

List of Subjects

    Environmental protection, Chemicals, Premanufacturer notices.

    Dated: September 24, 2009.
Chandler Sirmons,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.

[FR Doc. E9-23936 Filed 10-6-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 47001-47002]
[FR Doc No: 2018-20134]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0044]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on July 18, 2018, Siemens
Industry, Inc. (Siemens) petitioned the Federal Railroad Administration
(FRA) to amend its waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR 232.409(d),
Inspection and Testing of End-of-Train Devices. FRA assigned the
petition Docket Number FRA-2015-0044.
    Siemens previously received relief from the requirements of 49 CFR
232.409(d) for two of its EOT models: Q3920 and R3930 (the dual air
pipe version of Q3920). Siemens seeks additional relief from 49 CFR
232.409(d) for two new EOT models: A90385 and A90390. These two models
are smaller and lighter than previous models. Both models (A90385 and
A90390) use the same Ritron DTX-445 radio (exempt from periodic
calibration via waiver in Docket Number FRA-2009-0015) as the previous
model Q3920. Siemens states that, like the Q3920, the consistency of
performance for the new EOT models (A90385 and A90390) is based on the
reliability and accuracy of the Ritron DTX-445 radio. Therefore,
Siemens contends that as long as the Ritron radio waiver in Docket
Number FRA-2009-0015 is valid, the new Siemens EOT models (A90385 and
A90390) should also be exempt from periodic calibration.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket

Operations Facility is open from 9 a.m. to 5 p.m., Monday through
Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by November 1, 2018 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-20134 Filed 9-14-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Page 56243]
[FR Doc No: 2012-22394]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67791; File No. SR-OPRA-2012-05]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment to the Plan for Reporting of
Consolidated Options Last Sale Reports and Quotation Information To
Amend Section 3.1 of the OPRA Plan

September 6, 2012.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on August 27, 2012, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed
amendment would make a clarifying change to Section 3.1 of the OPRA
Plan. The Commission is publishing this notice to solicit comments from
interested persons on the proposed OPRA Plan amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com.
    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The ten participants to the OPRA Plan are
BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board
Options Exchange, Incorporated, C2 Options Exchange, Incorporated,
International Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ
OMX PHLX LLC, NASDAQ Stock Market LLC, NYSE MKT LLC, and NYSE Arca,
Inc.
---------------------------------------------------------------------------

I. Description and Purpose of the Plan Amendment

    The purpose of the Amendment is to eliminate an ambiguity in the
way in which the current OPRA Plan describes Exhibit A to the Plan,
which consists of a list of the national securities exchanges that are
Members of OPRA. Section 3.1 of the Plan describes Exhibit A as a list
of the ``initial'' Members of OPRA, suggesting that the list includes
only those exchanges that were Members when OPRA was restructured as a
limited liability company on January 1, 2010. By contrast, the
definition of ``Member'' in Section 1.1 of the Plan correctly states
that ``Exhibit A * * * may be amended to include any other national
securities exchange that becomes a Member pursuant to the provisions of
Section 3.2.'' To eliminate this ambiguity it is proposed to eliminate
the word ``initial'' from both the heading and text of Section 3.1, so
that as amended that Section is clear that Exhibit A lists all current
Members of OPRA from time to time, and not just the ``initial''
Members.\4\
---------------------------------------------------------------------------

    \4\ Seven national securities exchanges were Members of OPRA on
January 1, 2010. Since then, two of those seven exchanges have
changed their names, and three additional exchanges have become
Members of OPRA.
---------------------------------------------------------------------------

    The text of the proposed amendment to the OPRA Plan is available at
OPRA, the Commission's Public Reference Room, http://opradata.com, and
on the Commission's Web site at www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    Pursuant to paragraph (b)(3)(ii) of Rule 608 of Regulation NMS
under the Act \5\ OPRA designated the proposed OPRA Plan amendment as
concerned solely with the administration of the OPRA Plan, thereby
qualifying for effectiveness upon filing.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608(b)(3)(ii).
---------------------------------------------------------------------------

    The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act \6\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 17 CFR 242.608(b)(2).
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed OPRA
Plan amendment is consistent with the Act. Comments may be submitted by
any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-OPRA-2012-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OPRA-2012-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of OPRA.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-OPRA-2012-05
and should be submitted on or before October 3, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22394 Filed 9-11-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52471-52473]
[FR Doc No: 2022-18466]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0719]
RIN 1625-AA00

Safety Zone; Tennessee River, Decatur County, AL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Tennessee River extending from mile marker
169--172. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the salvage
operations. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley.

DATES: This rule is effective from 8 a.m. on August 29, 2022, through 4
p.m. on August 31, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0719 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joshua Rehl, MSD Nashville, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary

to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because immediate action is
needed to respond and repair to the potential safety hazards associated
with the sunken vessel. It is impracticable to publish an NPRM because
we must establish this safely zone by August 29, 2022. A sunken vessel
between mile markers 169--172 is causing a hazard to navigation on the
Tennessee River. The safety zone must be established to protect people
and vessels associated with and resulting from the sunken vessel and we
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. This safety zone may
include closures and/or navigation restrictions and requirements that
are vital to maintain safe navigation on the Tennessee River during
salve operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the salvage
operations of the sunken vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
salvage operations from August 29 through August 31, 2022, will be a
safety concern for anyone within mile marker 169-172. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the salvage operations
are taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. until 4 p.m. on
August 29 through August 31, 2022. The safety zone will cover all
navigable waters within mile markers 169-172. The duration of the zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters while the salvage operations are being
conducted. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the location of
the event on the Tennessee River lasting only 8 hours each day.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, this rule will only last 8 hours,
this rule will not have a significant economic impact on any vessel
owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
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 determined that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 8 hours that will prohibit entry within mile
marker 169--172 of the Tennessee River. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. 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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0719 to read as follows:

Sec.  165.T08-0719  Safety Zone; Tennessee River, Decatur County, AL.

    (a) Location. The following area is a safety zone: All navigable
waters of the Tennessee River from Mile Marker 169 through 172,
extending the entire width of the river.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTPs designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by<PHONE_NUMBER> or on VHR-FM channel 16. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
    (d) Enforcement period(s). This section will be enforced August 29
through August 31, 2022, from 8 a.m. through 4 p.m. each day.

    Dated: August 22, 2022.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-18466 Filed 8-25-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Rules and Regulations]
[Pages 20589-20592]
[FR Doc No: 2020-07742]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0363; Product Identifier 2018-SW-010-AD; Amendment
39-19894; AD 2020-07-15]
RIN 2120-AA64

Airworthiness Directives; PZL [Sacute]widnik S.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
PZL [Sacute]widnik S.A. Model PZL W-3A helicopters. This AD was
prompted by a report of a cracked nose landing gear (NLG) bellcrank
assembly. This AD requires a one-time inspection of the NLG bellcrank
assembly for discrepancies and replacement if necessary. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective April 29, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 29,
2020.
    The FAA must receive comments on this AD by May 29, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact PZL-
[Sacute]widnik S.A., Al. Lotnik[oacute]w Polskich 1, 21-045
[Sacute]widnik, Poland; telephone (+48) 664 424 798; fax (+48) 817 225
710; internet www.pzl.swidnik.pl. You may view this referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0363.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0363; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Union Aviation Safety Agency (previously European
Aviation Safety Agency) (EASA) AD, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0035-E, dated February 6, 2018;
corrected March 16, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all PZL-[Sacute]widnik S.A. Model PZL W-3A
helicopters. The MCAI also applies to PZL-[Sacute]widnik S.A. Model PZL
W-3AS helicopters, which are not type certificated in the U.S. EASA
advises that cracking in a NLG bellcrank assembly, part number (P/N)
<IP_ADDRESS>.00, was due to reduced wall thickness, which resulted from
a manufacturing deficiency. EASA advises that this condition, if not
detected and corrected, could lead to failure of the NLG, possibly
resulting in damage to the helicopter and injury of the occupants. To
address this potentially unsafe condition, EASA requires a one-time
inspection of the affected NLG assembly installed on helicopters
currently in service and replacement if necessary.
    You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0363.

Related Service Information Under 1 CFR Part 51

    Wytw[oacute]rnia Sprz[eogon]tu Komunikacyjnego has issued Mandatory
Bulletin No. BO-37-18-292, Revision 1, dated February 5, 2018. This
service information describes procedures for a one-time general visual
inspection of the NLG bellcrank assembly for cracks; measurement of
reference dimensions or ultrasonic inspection for manufacturing
defects; and bellcrank assembly replacement including related
investigative actions (inspection of the NLG for hydraulic fluid
contamination and free movement of the piston rod) if necessary.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
reason stated above, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

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

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0363;
Product Identifier 2018-SW-010-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255............................................              $0             $255
----------------------------------------------------------------------------------------------------------------

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

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425............................................          $5,000           $5,425
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2020-07-15 PZL [Sacute]widnik S.A.: Amendment 39-19894; Docket No.
FAA-2020-0363; Product Identifier 2018-SW-010-AD.

(a) Effective Date

    This AD becomes effective April 29, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all PZL [Sacute]widnik S.A. Model PZL W-3A
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 3200, Landing Gear
System.

(e) Reason

    This AD was prompted by a report of a cracked nose landing gear
(NLG) bellcrank assembly. The FAA is issuing this AD to address
cracking of the NLG bellcrank assembly due to a manufacturing
deficiency. This condition, if not addressed, could lead to failure
of the NLG, possibly resulting in damage to the helicopter and
injury of the occupants.

(f) Compliance

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

(g) Definition

    For purposes of this AD, affected NLG bellcrank assemblies have
part number (P/N) <IP_ADDRESS>.00.

(h) Inspection

    For helicopters having serial numbers up to 3X.10.12 inclusive:
Within 5 landings after the effective date of this AD, inspect the
affected NLG bellcrank assembly for discrepancies, in accordance
with Chapter II, paragraph 2., of Wytw[oacute]rnia Sprz[eogon]tu
Komunikacyjnego Mandatory Bulletin No. BO-37-18-292, Revision 1,
dated February 5, 2018 (Bulletin BO-37-18-292). For purposes of this
AD, a ``landing'' is counted any time the helicopter lifts off into
the air and then lands again regardless of the duration of the
landing and regardless of whether the engine is shut down.

(i) Replacement

    During the inspection required by paragraph (h) of this AD, if
the NLG bellcrank assembly meets the criteria for replacement, as
specified in Chapter II, paragraph 3., of Bulletin BO-37-18-292:
Before further flight, replace the affected NLG bellcrank assembly
and do all related investigative and corrective actions, in
accordance with Chapter II, paragraph 4., of Bulletin BO-37-18-292.

(j) Parts Installation Limitation

    As of the effective date of this AD: Do not install a bellcrank
NLG assembly, P/N <IP_ADDRESS>.00, on any helicopter unless the
assembly has passed an inspection (no defects found), in accordance
with paragraph (h) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using Bulletin BO-37-18-292.

(l) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.

(m) Alternative Methods of Compliance

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your

proposal to: David Hatfield, Senior Aviation Safety Engineer, Safety
Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, notify your
principal inspector or lacking a principal inspector, the manager of
the local flight standards district office or certificate holding
district office, before operating any aircraft complying with this
AD through an AMOC.

(n) Related Information

    (1) The subject of this AD is addressed in the European Union
Aviation Safety Agency (previously European Aviation Safety Agency)
(EASA) AD 2018-0035-E, dated February 6, 2018; corrected March 16,
2018. This EASA AD may be found in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0363.
    (2) For more information about this AD, contact David Hatfield,
Senior Aviation Safety Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Wytw[oacute]rnia Sprz[eogon]tu Komunikacyjnego Mandatory
Bulletin No. BO-37-18-292, Revision 1, dated February 5, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact PZL-
[Sacute]widnik S.A., Al. Lotnik[oacute]w Polskich 1, 21-045
[Sacute]widnik, Poland; telephone (+48) 664 424 798; fax (+48) 817
225 710; internet www.pzl.swidnik.pl.
    (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.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 8, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-07742 Filed 4-13-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70832-70833]
[FR Doc No: 2021-26904]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6470-008]

Winooski Hydroelectric Company, Vermont; Notice Soliciting
Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 6470-008.
    c. Date Filed: July 30, 2021.
    d. Applicant: Winooski Hydroelectric Company (WHC).
    e. Name of Project: Winooski 8 Hydroelectric Project (project).
    f. Location: On the Winooski River in Washington County, Vermont.
The project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mathew Rubin, General Partner, Winooski
Hydroelectric Company, 26 State Street, Montpelier, Vermont 05602;
(802) 793-5939; or email at [email protected].
    i. FERC Contact: Kristen Sinclair at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing scoping comments: February 5, 2022.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Winooski 8 Hydroelectric Project (P-
6470-008).

    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The existing project consists of: (1) A 222.5-foot-long, 26-
foot-high concrete gravity dam impounding a reservoir with a storage
capacity of approximately 20 acre-feet at an elevation of 611.0 feet
(when the flashboards are not in place) and 615.0 feet (when the
flashboards are in place); (2) a 148-foot-long spillway with 4-foot-
high flashboards built into the crest of the dam; (3) a 24-foot-long,
hydraulically operated crest gate; (4) a 1,100-square-foot forebay
located adjacent to the project impoundment; (5) a 33.5-foot-wide, 28-
foot-high concrete intake structure containing three separate intake
bays each fitted with a hydraulically operated trashrack with 2-inch
spacing between the bars; (6) a 1,550-square-foot powerhouse that
contains two semi-Kaplan turbines and one fixed propeller turbine for a
total installed capacity of 856 kilowatts; (7) a 100-foot-long
tailrace; (8) a 1,000 kilovolt-amp station transformer; (9) a 30-foot
long, 13-kilovolt transmission line and (10) appurtenant facilities.
The project creates an approximately 160-foot-long bypassed reach of
the Winooski River.
    WHC voluntarily operates the project in a run-of-river mode.
Article 24 of the current license requires WHC to: (1) Maintain a year-
round minimum flow of 25 cubic feet per second (cfs) in the bypassed
reach (currently via discharge releases from Unit 1).
    WHC proposes to: (1) Continue operating the project in a run-of-
river mode; (2) continue its current practice of increasing generation
flows above inflow rates when the reservoir is drawdown for
maintenance, and storing 10 percent of inflow to refill the
impoundment; (3) conduct a mussel survey during the first planned
impoundment drawdown following the issuance of a new license; (4)
implement a proposed Sediment Dredging Management Plan; (5) increase
minimum flows in the bypassed reach to 41 cfs during daytime hours from
May 1 through October 31 and to 36 cfs the remainder of the year (i.e.,
during nighttime hours from May 1 through October 31 and during day and
night from November 1 through April 30) through a combination of spill
and flow through Unit 1 to enhance aesthetics and aquatic habitat in
the bypassed reach; (6) when inflow drops below proposed minimum flow
levels, prioritize spill flows over the dam rather than discharging
flows through Unit 1; and (7) continue to consult with the Vermont
Division of Historic Preservation before beginning any land-disturbing
activities or alterations to known historic structures within the
project boundary.
    WHC also proposes to add 3.6 acres to the existing project boundary
to enclose the 4,100-foot-long dirt road currently used by WHC to
access the dam and powerhouse, and to enclose an existing unimproved
recreation site that provides access to the river for boating and
fishing activities downstream of the dam.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents via the internet through
the Commission's Home Page (http://www.ferc.gov) using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at [email protected] or call toll-free,<PHONE_NUMBER> or
TYY,<PHONE_NUMBER>.
    n. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process
    Commission staff will prepare either an environmental assessment
(EA) or an Environmental Impact Statement (EIS) that describes and
evaluates the probable effects, if any, of the licensee's proposed
action and alternatives. The EA or EIS will consider environmental
impacts and reasonable alternatives to the proposed action. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission prepares an EA or an EIS. At this time, we do
not anticipate holding on-site scoping meetings. Instead, we are
soliciting written comments and suggestions on the preliminary list of
issues and alternatives to be addressed in the NEPA document, as
described in scoping document 1 (SD1), issued December 7, 2021.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD1 may
be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, call 1-866-
208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: December 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26904 Filed 12-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Page 60514]
[FR Doc No: 2011-25126]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3341-EM; Docket ID FEMA-2011-0001]

New York; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of New York (FEMA-3341-EM), dated September 8, 2011, and
related determinations.

DATES: Effective Date: September 11, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, 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 the incident
period for this emergency is closed effective September 11, 2011.

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.

    Dated: September 23, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25126 Filed 9-28-11; 8:45 am]
BILLING CODE 9111-23-P