[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]
[Page 8856-8860]
[DOCID:fr27fe09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1210; Directorate Identifier 2008-CE-047-AD;
Amendment 39-15829; AD 2009-05-05]
RIN 2120-AA64

Airworthiness Directives; Avidyne Corporation Primary Flight
Displays (Part Numbers 700-00006-000, -001, -002, -003, and -100)

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) to
supersede AD 2008-06-28 R1, which applies to certain Avidyne
Corporation (Avidyne) Primary Flight Displays

(PFDs) (part numbers (P/Ns) 700-00006-000, -001, -002, -003, and -100)
that are installed on airplanes. AD 2008-06-28 R1 currently requires
you to do a check of the maintenance records and inspection of the PFD
(if necessary) to determine if an affected serial number PFD is
installed and incorporate (if necessary) operational limitations. Since
we issued AD 2008-06-28 R1, Avidyne developed a factory modification
that will correct the problems on these Avidyne PFDs and also factory
modified certain serial number PFDs. To terminate the operational
limitations of AD 2008-06-28 R1, this AD adds actions to assure any
affected serial number PFD complies with one of the following: Passes
the air data system performance verification test, receives the factory
modification, or is replaced with a PFD that has complied with one of
the previous two conditions or is not one of the affected serial number
PFDs. Consequently, this AD will retain the actions from the previous
AD until the added terminating action has been complied with. We are
issuing this AD to prevent certain conditions from existing when PFDs
display incorrect attitude, altitude, and airspeed information. This
could result in airspeed/altitude mismanagement or spatial
disorientation of the pilot with consequent loss of airplane control,
inadequate traffic separation, or controlled flight into terrain.

DATES: This AD becomes effective on April 3, 2009.
    On April 3, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: For service information identified in this AD, contact
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone:
(781) 402-7400; fax:<PHONE_NUMBER>; E-mail<EMAIL_ADDRESS>
Internet: http://www.avidyne.com/.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2008-1210;
Directorate Identifier 2008-CE-047-AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer,
ANE-150, Boston Aircraft Certification Office, 12 New England Executive
Park, Burlington, Massachusetts 01803, telephone:<PHONE_NUMBER>, fax:
(781) 238-7170.

SUPPLEMENTARY INFORMATION:

Discussion

    On November 7, 2008, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Avidyne PFDs P/Ns 700-00006-000, -001, -002, -
003, and -100 that are installed on airplanes. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on November 14, 2008 (73 FR 67429). The NPRM proposed to retain
the actions from AD 2008-06-28 R1 until the affected PFD is factory
serviced; add the actions of a label or marking check, an air data
system performance verification test, and (if necessary) replacement of
the PFD and factory servicing of the failed PFD; and reduce the serial
number applicability from that of AD 2008-06-28 R1.

Comments

    We provided the public the opportunity to participate in developing
this AD. The following presents the comment received on the proposal
and FAA's response to the comment:

Comment Issue: Affected Units Identified in Service Information

    Mr. Frederic Barber, Avidyne Corporation, comments that Avidyne has
updated their service information and issued Revision 2. He notes the
test and repair requirements remain unchanged, but the list of serial
numbers has been updated to remove those PFDs known to have been
serviced since Revision 1 was published. Mr. Barber recommends that the
proposed AD be modified to reference Revision 2.
    We do not agree that the proposed AD be modified to reference
Revision 2 of the service information. Some units may have already had
the modification done per Revision 1 and these serial numbers may be
reflected in the Revision 2 of the service information. Paragraph 35.c.
of FAA AD Manual, FAA-IR-M-8040.1B (FAA-AIR-M-8040.1), dated May 28,
2008, reads:

    The fact that an AD has been complied with by all owners/
operators does not make the AD (the change in type design)
unnecessary. Therefore, an AD must never be removed based on the
representation of a manufacturer that all affected aircraft are in
compliance with the AD, or the information that there are no
affected aircraft left on the U.S. registry.

    With this in mind, we have determined that we also should not base
the applicability on the manufacturer's assurance that certain units
have since been modified, but rather should base the applicability on
those units that originally needed the modification. The ``unless
already done'' phrase in the AD would give AD credit to those that have
already incorporated the modification.
    We are not changing the final AD rule action as a result of this
comment.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 384 airplanes in the U.S.
registry.
    We estimate the following costs to do the serial number
determination:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............  Not applicable.................             $80          $30,720
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary test and
replacement that would be required based on the results of the proposed
test. We have no way of determining the number of airplanes that may
need this test and replacement:

------------------------------------------------------------------------
                                                          Total cost per
            Labor cost                  Parts cost           airplane
------------------------------------------------------------------------
4 work-hours x $80 per hour =      Not applicable......            $320
 $320.
------------------------------------------------------------------------

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 AD.

Regulatory Findings

    We have 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;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2008-1210; Directorate Identifier 2008-CE-047-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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 removing Airworthiness Directive (AD)
2008-06-28 R1, Amendment 39-15468 (73 FR 19963, April 14, 2008), and
adding the following new AD:

2009-05-05 Avidyne Corporation: Amendment 39-15829; Docket No. FAA-
2008-1210; Directorate Identifier 2008-CE-047-AD.

Effective Date

    (a) This AD becomes effective on April 3, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-06-28 R1, Amendment 39-15440.

Applicability

    (c) This AD applies to Avidyne Corporation (Avidyne) Primary
Flight Displays (PFDs), part numbers (P/Ns) 700-00006-000, 700-
00006-001, 700-00006-002, 700-00006-003, and 700-00006-100 with any
serial number listed in Avidyne Service Bulletin No. 601-00006-096,
Revision 1, dated July 14, 2008. Paragraph (d) of this AD gives
procedures to determine if an affected serial number is installed on
your airplane. This AD applies to affected serial number PFDs that
are installed on, but not limited to the airplanes below that are
certificated in any category.
    (1) Adam Aircraft Model A500;
    (2) Cessna Aircraft Company Model 441 (STEC Alliant Supplemental
Type Certificate (STC) No. SA09547AC-D incorporated);
    (3) Cessna Aircraft Company Models LC42-550FG and LC41-550FG
(Columbia Aircraft Manufacturing and The Lancair Company previously
held the type certificate for these airplanes);
    (4) Cirrus Design Corporation Models SR20 and SR22;
    (5) Diamond Aircraft Industries GmbH Model DA 40;
    (6) Hawker Beechcraft Corporation Model E90 (STEC Alliant STC
No. SA09545AC-D incorporated);
    (7) Hawker Beechcraft Corporation Model 200 series (STEC Alliant
STC No. SA09543AC-D incorporated); and
    (8) Piper Aircraft, Inc. Models PA-28-161, PA-28-181, PA-28R-
201, PA-32R-301 (HP), PA-32R-301T, PA-32-301FT, PA-32-301XTC, PA-34-
220T, PA-44-180, PA-46-350P, PA-46R-350T, and PA-46-500TP.
    (d) If you have one of the affected part number PFDs installed
on your airplane, you must positively show that it is not one of the
affected serial numbers or comply with paragraph (f), all
subparagraphs, as applicable in this AD. Under 14 CFR 43.7, the
owner/operator holding at least a private pilot certificate is
allowed to do the check in paragraph (d)(1) of this AD. All other
actions must be done by a certificated mechanic, unless noted
differently.
    (1) Do a logbook check of aircraft records (previously referred
to in AD 2008-06-28 R1 as ``maintenance records'') to determine if
any PFD (P/Ns 700-00006-000, 700-00006-001, 700-00006-002, 700-
00006-003, or 700-00006-100) with any affected serial number listed
in Avidyne Service Bulletin No. 601-00006-096, Revision 1, dated
July 14, 2008, is installed.
    (i) If, as a result of the logbook check, you positively
identify that the PFD installed does not have a serial number
affected by this AD, then only paragraph (f)(5) of this AD applies
to you.
    (ii) If, as a result of the logbook check, you cannot positively
identify the serial number of the PFD, do the visual inspection
required in paragraph (d)(2) of this AD.
    (iii) If, as a result of the logbook check, you find any PFD
installed with an affected serial number, do the actions required by
paragraph (f) of this AD, including all subparagraphs as applicable.
    (2) If, as a result of the above logbook check, you cannot
positively identify the serial number of the PFD, visually inspect
any PFD (P/Ns 700-00006-000, 700-00006-001, 700-00006-002, 700-
00006-003, or 700-00006-100) for any affected serial number listed
in Avidyne Service Bulletin No. 601-00006-096, Revision 1, dated
July 14, 2008.
    (i) If, as a result of this visual inspection, you positively
identify that the PFD installed does not have a serial number
affected by this AD, then only paragraph (f)(5) of this AD applies
to you.
    (ii) If, as a result of this visual inspection, you identify
that the PDF installed does have a serial number affected by this
AD, do the actions required in paragraph (f) of this AD, including
all subparagraphs as applicable.

Unsafe Condition

    (e) This AD results from several field reports of Avidyne PFDs
displaying incorrect altitude and airspeed information and Avidyne
preparing a factory modification that will correct the possible
incorrect altitude and airspeed information displayed. We are
issuing this AD to prevent certain conditions from existing when
PFDs display incorrect attitude, altitude, and airspeed information.
This could result in airspeed/

altitude mismanagement or spatial disorientation of the pilot with
consequent loss of airplane control, inadequate traffic separation,
or controlled flight into terrain.

Compliance

    (f) To address this problem, you must do the following, unless
already done:

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Incorporate the operational       Prior to further flight after April   Under 14 CFR 43.7, the owner/
 limitations below by doing            3, 2009 (the effective date of this   operator holding at least a private
 whichever of the following applies:   AD).                                  pilot certificate is allowed to
(i) For airplanes with an airplane                                           insert the information into the
 flight manual (AFM), pilot's                                                AFM, POH, AFMS, or maintenance
 operating handbook (POH), or                                                records as required in paragraph
 airplane flight manual supplement                                           (f)(1)(i) or (f)(1)(ii)(A) of this
 (AFMS), incorporate the language in                                         AD and fabricate the placard
 the Appendix of this AD into the                                            required in paragraph (f)(1)(ii)(B)
 Limitations section of the AFM,                                             of this AD. Make an entry into the
 POH, or AFMS.                                                               aircraft records showing compliance
(ii) For airplanes without an AFM,                                           with these portions of the AD in
 POH, or AFMS, do the following:                                             accordance with 14 CFR 43.9.
(A) Incorporate the language in the
 Appendix of this AD into your
 aircraft maintenance records; and
    (B) Fabricate a placard (using
     at least \1/8\-inch letters)
     with the following words and
     install the placard on the
     instrument panel within the
     pilot's clear view: ``THIS AD
     AND SUPERSEDED AD 2008-06-28 R1
     CONTAIN LIMITATIONS REGARDING
     AVIDYNE PRIMARY FLIGHT DISPLAYS
     (PFD) AND REQUIRED
     INCORPORATION OF THESE
     LIMITATIONS INTO THE AIRCRAFT
     RECORDS. YOU MUST FOLLOW THESE
     LIMITATIONS.''
(2) Inspect for a label marked        Within the next 15 days after April   Follow Avidyne Service Bulletin No.
 ``Deviation 08-19A'' on the           3, 2009 (the effective date of this   601-00006-096, Revision 1, dated
 exterior of the PFD near the TSO      AD).                                  July 14, 2008.
 label or a ``MOD 52'' marking.
(i) If the label marked ``Deviation
 08-19A'' or ``MOD 52'' marking is
 present, then the PFD has received
 the factory modification. Remove
 the limitations required by
 paragraph (f)(1) of this AD and AD
 2008-06-28 R1. Except for the
 actions of paragraph (f)(5) of this
 AD, no further action is required
 by this AD.
    (ii) If the label or marking is
     not present, do the PFD air
     data system performance
     verification test in Section
     3.3 of the referenced service
     bulletin.
(3) If the PFD passes the test        Within the next 15 days after April   Follow Avidyne Service Bulletin No.
 required in paragraph (f)(2)(ii) of   3, 2009 (the effective date of this   601-00006-096, Revision 1, dated
 this AD, remove the limitations       AD).                                  July 14, 2008.
 required by paragraph (f)(1) of
 this AD and AD 2008-06-28 R1.
 Except for the actions of paragraph
 (f)(5) of this AD, no further
 action is required by this AD.
(4) If the PFD does not pass the      Within the next 15 days after April   Follow Avidyne Service Bulletin No.
 test required in paragraph            3, 2009 (the effective date of this   601-00006-096, Revision 1, dated
 (f)(2)(ii) of this AD, do the         AD).                                  July 14, 2008.
 following:
(i) Remove the PFD, install a PFD
 that has passed the air data system
 performance verification test, has
 been factory modified (PFD bears a
 label marked ``Deviation 08-19A''
 on the exterior of the PFD near the
 TSO label or a ``MOD 52'' marking),
 or is not one of the affected
 serial number PFDs;
    (ii) Remove the limitations
     required by paragraph (f)(1) of
     this AD and AD 2008-06-28 R1;
     and
    (iii) Except for the actions of
     paragraph (f)(5) of this AD, no
     further action is required by
     this AD.

(5) Do not install any PFD (P/Ns 700- As of April 3, 2009 (the effective    Not applicable.
 00006-000, 700-00006-001, 700-00006-  date of this AD).
 002, 700-00006-003, or 700-00006-
 100) with any affected serial
 number listed in Avidyne Service
 Bulletin No. 601-00006-096,
 Revision 1, dated July 14, 2008,
 unless it has passed the air data
 system performance verification
 test or has been factory modified
 (PFD bears a label marked
 ``Deviation 08-19A'' on the
 exterior of the PFD near the TSO
 label or a ``MOD 52'' marking).
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Boston Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Solomon
Hecht, Aerospace Engineer, ANE-150, Boston Aircraft Certification
Office, 12 New England Executive Park, Burlington, Massachusetts
01803, telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (h) AMOCs approved for AD 2008-06-28 R1 are approved for this
AD.

Material Incorporated by Reference

    (i) You must use Avidyne Service Bulletin No. 601-00006-096,
Revision 1, dated July 14, 2008, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; E-mail:
<EMAIL_ADDRESS>Internet: http://www.avidyne.com/.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

Appendix to Airworthiness Directive 2009-05-05 Limitations Regarding
Avidyne Primary Flight Displays (PFDs)

    Before conducting flight operations, pilots must review and be
familiar with the Crosscheck Monitor section of the Avidyne Primary
Flight Display Pilot's Guide and all limitations contained in the
aircraft operating handbook.
    As a normal practice, all pilots should be vigilant in
conducting proper preflight and in-flight checks of instrument
accuracy, including:
     Preflight check of the accuracy of both the primary and
backup altimeter against known airfield elevation and against each
other.
     Verification of airspeed indications consistent with
prevailing conditions at startup, during taxi, and prior to takeoff.
     ``Airspeed alive'' check and reasonable indications
during takeoff roll.
     Maintenance of current altimeter setting in both
primary and backup altimeters.
     Cross-check of primary and backup altimeters at each
change of altimeter setting and prior to entering instrument
meteorological conditions (IMC).
     Cross-check of primary and backup altimeters and
validation against other available data, such as glideslope
intercept altitude, prior to conducting any instrument approach.
     Periodic cross-checks of primary and backup airspeed
indicators, preferably in combination with altimeter cross-checks.
    For flight operations under instrument flight rules (IFR) or in
conditions in which visual reference to the horizon cannot be
reliably maintained (that is IMC, night operations, flight
operations over water, in haze or smoke) and the pilot has reasons
to suspect that any source (PFD or back-up instruments) of attitude,
airspeed, or altitude is not functioning properly, flight under IFR
or in these conditions must not be initiated (when condition is
determined on the ground) and further flight under IFR or in these
conditions is prohibited until equipment is serviced and functioning
properly.
    Operation of aircraft not equipped with operating backup (or
standby) attitude, altimeter, and airspeed indicators that are
located where they are readily visible to the pilot is prohibited.
    Pilots must frequently scan and crosscheck flight instruments to
make sure the information depicted on the PFD correlates and agrees
with the information depicted on the backup instruments.

    Issued in Kansas City, Missouri, on February 19, 2009.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-4102 Filed 2-26-09; 8:45 am]

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[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Notices]
[Page 44982]
[DOCID:fr01au08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-78-000]

Commonwealth Edison Company, Commonwealth Edison Company of
Indiana, Inc.; Notice of Filing

July 25, 2008.
    Take notice that on July 18, 2008, the Commonwealth Edison Company
and Commonwealth Edison Company of Indiana, Inc. (collectively, ComEd)
tendered for filing a Petition for Declaratory Order for Incentive Rate
Treatment.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 18, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17626 Filed 7-31-08; 8:45 am]

BILLING CODE 6717-01-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  REGION IX
                             75 Hawthorne Street
                           San Francisco, CA  94105

Memorandum

To: 	Air Plan Approval; Revisions to the Clark County Ozone Maintenance Plan, Docket ID EPA-R09-OAR-2019-0365

From: 		Karina O'Connor, Air Planning Office, EPA Region 9

Date: 		May 22, 2019

RE: 	Adequacy Documentation for Plan Motor Vehicle Emission Budgets in October 2018 Clark County Revision to Ozone Maintenance Plan

Attached to this memorandum is the adequacy documentation for the "Revision to Motor Vehicle Emission Budgets in Ozone Redesignation Request and Maintenance Plan: Clark County, Nevada" (October 2018) ("2018 Ozone Maintenance Plan Revision"). The 2018 Ozone Maintenance Plan Revision updates certain elements of the approved 2011 Ozone Maintenance Plan for the Clark County ozone planning area for the 1997 ozone national ambient air quality standards (NAAQS), including the attainment inventory, the maintenance demonstration, and the motor vehicle emissions budgets.

The 2018 Ozone Maintenance Plan Revision was submitted by the Nevada Division of Environmental Protection (NDEP) to EPA on October 31, 2018. This memo contains our analysis of the budgets in the 2018 Ozone Maintenance Plan Revision for the Clark County maintenance area for the 1997 8-hour ozone NAAQS. The budgets are listed in the Table 1.

     Table 1  -  Motor Vehicle Emission Budgets (summer, weekday average)
                                  Budget Year
                                   NOx(tpd)
                                   VOC (tpd)
                                     2008
                                     89.50
                                     42.46
                                     2015
                                     90.92
                                     53.94
                                     2022
                                     86.74
                                     52.96

For motor vehicle emissions budgets to be adequate and approvable, they must meet, at a minimum, the EPA's adequacy criteria (40 CFR § 93.118(e)(4)) and be approvable under all pertinent SIP requirements. With respect to maintenance plan, to meet these requirements, the budgets must be consistent with the applicable maintenance requirements and reflect all of the motor vehicle control measures contained in the maintenance demonstration.  Table 2 below contains our analysis of the budgets in the 2018 Ozone Maintenance Plan Revision for each of the adequacy criteria for the Clark County ozone maintenance area.

Based on our evaluation presented in Table 2, we find that the 2018 Ozone Maintenance Plan Revision's motor vehicle emission budgets are consistent with the maintenance demonstration, are clearly identified and precisely quantified, and meet all other applicable statutory and regulatory requirements, including the adequacy criteria in 40 CFR § 93.118(e)(4). For these reasons, the EPA proposes to find adequate and approve the budgets. If we finalize approval of the budgets in the 2018 Ozone Maintenance Plan, as proposed, then they will replace the previously approved budgets from the Clark County's 2011 Ozone Maintenance Plan.

      Table 2. Evaluation of the Motor Vehicle Emissions Budgets in the
       Clark County 2018 Ozone Maintenance Plan Revision (October 2018)
                   May 2019 (reviewed by Karina O'Connor)
                           Adequacy Review Criteria
                               (40 CFR part 93)
                                 Is Criterion
                                  Satisfied?
                      Reference in SIP Document/Comments
Sec. 93.118(e)(4)(i)
The plan was endorsed by the Governor (or designee) and was subject to a public hearing.
                                       Y
The October 31, 2018 transmittal letter submitting the 2018 Ozone Maintenance Plan Revision was sent by NDEP's Executive Officer, Greg Lovato, Administrator at the Nevada Division of Environmental Protection, the Governor's designee. The transmittal letter indicates that the Clark County Board of County Commissioners formally adopted the plan on October 16, 2018 following a public hearing on the draft plan.  Clark County Department of Air Quality (DEQ) released its draft plan on August 17, 2018 and requested that public comments be received prior to September 17, 2018.

Sec. 93.118(e)(4)(ii)
The plan was developed through consultation with federal, state and local agencies; full implementation plan documentation was provided and EPA's stated concerns, if any, were addressed.
                                       Y
Clark County DAQ developed the 2018 Ozone Maintenance Plan Revision in consultation with federal, state and local agencies. These agencies include: EPA Region IX, Federal Highway Administration, NDOT and the Regional Transportation Commission of Southern Nevada (RTC). The draft plan was sent out via email on August 23, 2018.  The methodology was discussed via meetings and emails in May-July of 2018. Issues raised by EPA Region IX staff on the draft plan methodology and draft budgets were discussed by Clark County and EPA in several meetings and addressed by Clark County in the final plan and budgets.
Sec. 93.118(e)(4)(iii)
The motor vehicle emission budgets are clearly identified and precisely quantified.
                                       Y
The budgets for 2008, 2015 and 2022 are clearly identified and precisely quantified in Table 3-1 of the 2018 Ozone Maintenance Plan Revision. The information in Table 3-1 and Appendix A explains how the budgets were quantified, namely, that the budgets represent on-road motor vehicle emission estimates made using the SMOKE-MOVES approach, which incorporates EPA's MOVES2014a emissions rates, SMOKE modeling, fleet data from DMV registration data, CRC vehicle speed data, NDOT HPMS data, travel demand modeling from the Regional Transportation Commission and vehicle classification data from the June 2018 Clark County On-road Vehicle Classification Study.  Section 3-2 describes how the budgets identified in Table 3-1 of the plan were quantified and applied to the budgets. Specifically, 80% of the total safety margin (i.e., the difference between the 2008 attainment inventory and the 2015 and 2022 projected emissions inventory) has been allocated to the on-road motor vehicle emissions.
Sec. 93.118(e)(4)(iv)
The motor vehicle emissions budget(s), when considered together with all other emission sources, is consistent with applicable requirements for reasonable further progress, attainment, or maintenance (whichever is relevant to a given implementation plan submission).
                                       Y
The EPA has concluded that the budgets for 2008, 2015 and 2022 when considered together with all other emission sources are consistent with continuing maintenance of the 1997 8-hour ozone NAAQS through 2022. As documented in NPRM, the EPA is proposing to approve the revisions to the emission inventory and budgets as consistent with applicable requirements for maintenance for the 1997 ozone NAAQS. The 2018 Ozone Maintenance Revision demonstrates continued maintenance with updated emission inventories demonstrating decreasing emissions from the 2008 attainment year out to 2022.  Tables 2-1, 2-2 and 3-1 show how the safety margins support continued maintenance.
Sec. 93.118(e)(4)(v)
The plan shows a clear relationship among the emissions budget(s), control measures and the total emissions inventory.
                                       Y
The 2018 Ozone Maintenance Plan Revision includes updated emission inventories for the years 2008, 2015 and 2022 for all stationary, area, on-road mobile, and non-road mobile sources.  Appendix A of the plan describes the updates to all of these components of the emission inventory and their relation to control measures and the reductions from existing measures. The updated emission inventories incorporating the reductions from adopted measures are given in Tables 5-1 and 5-2 in Appendix A to the 2018 Ozone Maintenance Plan Revision.
Sec. 93.118(e)(4)(vi)
Revisions to previously submitted control strategy or maintenance plans explain and document any changes to any previous submitted budgets and control measures; impacts on point and area source emissions; any changes to established safety margins (see §93.101 for definition), and reasons for the changes (including the basis for any changes to emission factors or estimates of vehicle miles traveled).
                                       Y
Appendix A of the 2018 Ozone Maintenance Plan Revision describes the revisions to the previously submitted and approved stationary, area, on-road mobile, and non-road mobile sources emission inventories.  MOBILE6.2 was used to develop the motor vehicle emissions in the previously approved 2011 Ozone Maintenance Plan, however the MOVES2014a model, with updated VMT estimates, as well as fleet and speed distribution data for the years 2008, 2015 and 2022 was used in development of the updated motor vehicle emission budgets.  Updated actual emissions information was used to update the point and area source emissions for 2008 and 2015, updated projections and emission factors reduced point and area source emissions in 2022.
Sec. 93.118(e)(5)
EPA has reviewed the State's compilation of public comments and response to comments that are required to be submitted with any implementation plan.
                                       Y
No public comments were received on the 2018 Ozone Maintenance Plan Revision before or during the public hearing on October 16, 2018 (both written and oral). No issues that might have affected our adequacy finding remain unanswered.


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Page 10592]
[FR Doc No: 2023-03650]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, February 23, 2023.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: February 16, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-03650 Filed 2-16-23; 4:15 pm]
BILLING CODE 8011-01-P


SN DATE FM CODE FL 1 31 May 91 . 884 99 2 1 Jun 91 15.31 887 0 3 2 Jun 91 11.36 0 4 3 Jun 91 14.79 0 5 4 Jun 91 8.59 0 6 5 Jun 91 3.57 0 7 6 Jun 91 7.18 0 8 7 Jun 91 10.77 0 9 8 Jun 91 13.57 0 10 9 Jun 91 20.51 997 0 11 10 Jun 91 55.39 0 12 11 Jun 91 34.65 0 13 12 Jun 91 13 0 14 13 Jun 91 7.25 0 15 14 Jun 91 12.28 0 16 15 Jun 91 39.99 0 17 16 Jun 91 23.57 0 18 17 Jun 91 16.59 0 19 18 Jun 91 24.76 0 20 19 Jun 91 17.09 0 21 20 Jun 91 18.62 0 22 21 Jun 91 13.32 991 0 23 22 Jun 91 0.82 996 2 24 23 Jun 91 7.98 0 25 24 Jun 91 12.67 2 26 25 Jun 91 16.7 0 27 26 Jun 91 24.78 0 28 27 Jun 91 28.26 0 29 28 Jun 91 44.52 0 30 29 Jun 91 38.51 991 0 31 30 Jun 91 19.4 996 0 32 1 Jul 91 8.84 0 33 2 Jul 91 21.46 0 34 3 Jul 91 30.8 0 35 4 Jul 91 22.27 998 0 36 5 Jul 91 10.48 2 37 6 Jul 91 24.64 0 38 7 Jul 91 . 996 9 39 8 Jul 91 14.8 996 0 40 9 Jul 91 4.32 0 41 10 Jul 91 12.99 0 42 11 Jul 91 14.29 881 0 43 12 Jul 91 27.7 0 44 13 Jul 91 18.44 0 45 14 Jul 91 6.92 0 46 15 Jul 91 4.9 0 47 16 Jul 91 26.28 0 48 17 Jul 91 78.1 991 0 49 18 Jul 91 61.37 887 0 50 19 Jul 91 49.73 991 0 51 20 Jul 91 69.42 991 0 52 21 Jul 91 42.2 991 0 53 22 Jul 91 43.32 991 0 54 23 Jul 91 15.62 0 55 24 Jul 91 17.59 998 2 56 25 Jul 91 20.63 0 57 26 Jul 91 19.84 0 58 27 Jul 91 6.17 0 59 28 Jul 91 15.84 0 60 29 Jul 91 12.48 0 61 30 Jul 91 23.38 0 62 31 Jul 91 10.94 0 63 1 Aug 91 31.59 991 0 64 2 Aug 91 16.37 0 65 3 Aug 91 29.22 0 66 4 Aug 91 8.04 0 67 5 Aug 91 7.52 0 68 6 Aug 91 12.43 0 69 7 Aug 91 23.94 0 70 8 Aug 91 35.96 0 71 9 Aug 91 15.73 0 72 10 Aug 91 13.7 991 0 73 11 Aug 91 7.44 0 74 12 Aug 91 . 885 96 75 13 Aug 91 9.58 0 76 14 Aug 91 36.01 0 77 15 Aug 91 27.7 886 0 78 16 Aug 91 37.21 0 79 17 Aug 91 27.74 0 80 18 Aug 91 14.91 0 81 19 Aug 91 . 996 99 82 20 Aug 91 6.96 0 83 21 Aug 91 12.26 0 84 22 Aug 91 29.24 0 85 23 Aug 91 33.62 0 86 24 Aug 91 16.56 886 0 87 25 Aug 91 28.53 0 88 26 Aug 91 26.21 0 89 27 Aug 91 . 99


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9713-9715]
[FR Doc No: 2015-03646]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application For Transfer of Licenses and Soliciting
Comments, Motions To Intervene, and Protests

Ada County, Idaho
Aquenergy Systems, Inc.
Barnet Hydro Company
Big Wood Canal Company
BP Hydro Associates
Cherokee Falls Hydroelectric Project, LLC
Consolidated Hydro New York, Inc.
Consolidated Hydro New Hampshire, Inc.
Consolidated Hydro Southeast, Inc.
Dietrich Drop Hydro, LLC
Essex Company
Fowler Hydro, LLC
Fulcrum, Inc.
Goodyear Lake Hydro, LLC
Hydro Development Group Inc.
Hydro Development Group Acquisition, LLC
Kelley's Falls, LLC
Lawrence Hydroelectric Associates
Lower Saranac Corporation
Lower Saranac Hydro, LLC
Lower Saranac Hydro Partners, L.P.
Missisquoi Associates
Newbury Hydro Company
Pelzer Hydro Company, Inc.
Pyrites Associates
Pyrites Hydro, LLC
Rock Creek L.P.
Salmon Falls Hydro, LLC
Sweetwater Hydroelectric, Inc.
Walden Hydro, LLC
    Project Nos. 2416-027, 2428-006, 2788-016, 2800-044, 2880-012,
2883-006, 3025-025, 3189-047, 3511-021, 4114-056, 4428-007, 4881-
025, 5261-020, 5702-016, 6058-020, 6059-019, 6115-014, 7153-016,
7186-048, 8909-025, 10253-029, 10254-024, 10898-014, and 11163-046

    On January 26, 2015, a joint application for transfer of licenses
was filed to include the following projects:

                             Conversions of Licensee to a Limited Liability Company
----------------------------------------------------------------------------------------------------------------
                                     Transferor  (existing        Transferee  (new
            Project(s)              licensee or co-licensee)  licensee or co-licensee)           Action
----------------------------------------------------------------------------------------------------------------
Cherokee Falls P-2880; Fries P-    Aquenergy Systems, Inc...  Aquenergy Systems, LLC..  Conversion to limited
 2883; Piedmont P-2428; Ware                                                             liability company.
 Shoals P-2416.
Barnet P-5702....................  Barnet Hydro Company.....  Barnet Hydro Company,     Conversion to limited
                                                               LLC.                      liability company.
Kelley's Falls P-3025; South       Consolidated Hydro New     Consolidated Hydro New    Conversion to limited
 Berwick (Salmon Falls) P-11163.    Hampshire, Inc.            Hampshire, LLC.           liability company.
Walden P-4428; Victory Mills P-    Consolidated Hydro New     Consolidated Hydro New    Conversion to limited
 7153.                              York, Inc.                 York, LLC.                liability company.
Lower Pelzer P-10253; Upper        Consolidated Hydro         Consolidated Hydro        Conversion to limited
 Pelzer P-10254.                    Southeast, Inc.            Southeast, LLC.           liability company.
Lawrence P-2800..................  Essex Company............  Essex Company, LLC......  Conversion to limited
                                                                                liability company.
Barber Dam P-4881................  Fulcrum, Inc.............  Fulcrum, LLC............  Conversion to limited
                                                                                liability company.
Lower Saranac P-4114.............  Lower Saranac Hydro        Lower Saranac Hydro       Conversion to limited
                                    Partners, L.P.             Partners, LLC.            liability company.
Sheldon Springs P-7186...........  Missisquoi Associates....  Missisquoi, LLC.........  Conversion to limited
                                                                                liability company.
Newbury P-5261...................  Newbury Hydro Company....  Newbury Hydro Company,    Conversion to limited
                                                               LLC.                      liability company.
Lower Pelzer P-10253; Upper        Pelzer Hydro Company, Inc  Pelzer Hydro Company,     Conversion to limited
 Pelzer P-10254.                                               LLC.                      liability company.
Rock Creek P-3189................  Rock Creek L.P...........  Rock Creek Hydro, LLC...  Conversion to limited
                                                                                liability company.
Sweetwater P-10898...............  Sweetwater Hydroelectric,  Sweetwater                Conversion to limited
                                    Inc.                       Hydroelectric, LLC.       liability company.
----------------------------------------------------------------------------------------------------------------

                         Merger of Transferor Into Transferee With Transferee Surviving
----------------------------------------------------------------------------------------------------------------
                                     Transferor  (existing        Transferee  (new
            Project(s)              licensee or co-licensee)  licensee or co-licensee)           Action
----------------------------------------------------------------------------------------------------------------
Fowler #7 P-6059; Colliersville P- Hydro Development Group    Hydro Development Group   Merger of Transferor
 2788; Hailesboro #4; P-6058.       Inc.                       Acquisition, LLC.         into Transferee with
                                                                                Transferee surviving.
Lawrence P-2800..................  Lawrence Hydroelectric     Essex Company, LLC......  Merger of Transferor
                                    Associates.                                          into Transferee with
                                                                                Transferee surviving.
Groveville P-3511................  Lower Saranac Corporation  Lower Saranac Hydro, LLC  Merger of Transferor
                                                                                into Transferee with
                                                                                Transferee surviving.
----------------------------------------------------------------------------------------------------------------

                     Transfer of Project Assets to a Newly Formed Limited Liability Company
----------------------------------------------------------------------------------------------------------------
                                     Transferor  (existing        Transferee  (new
            Project(s)              licensee or co-licensee)  licensee or co-licensee)           Action
----------------------------------------------------------------------------------------------------------------
Cherokee Falls P-2880............  Aquenergy Systems, LLC...  Cherokee Falls            Transfer of Project
                                                               Hydroelectric Project,    assets to Transferee.
                                                               LLC.
Dietrich Drop P-8909.............  BP Hydro Associates......  Dietrich Drop Hydro, LLC  Transfer of Project
                                                                                assets to Transferee.
Kelley's Falls P-3025............  Consolidated Hydro New     Kelley's Falls, LLC.....  Transfer of Project
                                    Hampshire, LLC.                                      assets to Transferee.
South Berwick (Salmon Falls) P-    Consolidated Hydro New     Salmon Falls Hydro, LLC.  Transfer of Project
 11163.                             Hampshire, LLC.                                      assets to Transferee.
Walden P-4428....................  Consolidated Hydro New     Walden Hydro, LLC.......  Transfer of Project
                                    York, LLC.                                           assets to Transferee.
Fowler #7 P-6059.................  Hydro Development Group    Fowler Hydro, LLC.......  Transfer of Project
                                    Acquisition, LLC.                                    assets to Transferee.
Pyrites P-6115...................  Pyrites Associates.......  Pyrites Hydro, LLC......  Transfer of Project
                                                                                assets to Transferee.
Colliersville P-2788.............  Hydro Development Group    Goodyear Lake Hydro, LLC  Transfer of Project
                                    Acquisition, LLC.                                    assets to Transferee.
----------------------------------------------------------------------------------------------------------------

    Applicants seek Commission approval to transfer the licenses for
the above projects by conversion of licensee to a limited liability
company, merger of transferor into transferee with transferee
surviving, or transfer of project assets to a newly formed limited
liability company.
    Applicants' Contact: For Applicants other than Ada County, ID and
Big Wood Canal Company: Mr. Stephen Champagne, Executive Vice President

and General Counsel, Enel Green Power North America, Inc., One Tech
Drive, Suite 220, Andover, MA 01810, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>Mr. William Conway, Jr., Skadden, Arps,
Slate, Meagher & Flom LLP, 1440 New York Avenue NW., Washington, DC
20005, Phone<PHONE_NUMBER>, Email<EMAIL_ADDRESS>For Ada
County, ID: Board of Ada County Commissioners, c/o Lorna K. Jorgensen,
Deputy Processing Attorney, Ada County Prosecuting Attorney's Office,
Third Floor, Ada County Courthouse, 200 W. Front Street, Boise, ID
83702, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>For Big Wood
Canal Company: Lynn Harmon, Big Wood Canal Company, 409 N Apple,
Shoshone, ID 83352, Email<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for filing comments and motions to intervene: 30 days from
the issuance date of this notice by the Commission. Comments and
motions to intervene may be filed electronically via the Internet. See
18 CFR 385.2001(a)(1) and the instructions on the Commission's Web site
under http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original plus seven
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426. More
information about this project can be viewed or printed on the eLibrary
link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number(s) (P-2416-027, 2428-006, 2788-
016, 2800-044, 2880-012, 2883-006, 3025-025, 3189-047, 3511-021, 4114-
056, 4428-007, 4881-025, 5261-020, 5702-016, 6058-020, 6059-019, 6115-
014, 7153-016, 7186-048, 8909-025, 10253-029, 10254-024, 10898-014, and
11163-046) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

    Dated: February 13, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-03646 Filed 2-23-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Notices]
[Pages 12466-12468]
[FR Doc No: 2021-04380]

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

Food and Drug Administration

[Docket No. FDA-2011-N-0362]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Current Good Manufacturing Practice for Manufacturing,
Processing, Packing, and Holding of Finished Pharmaceuticals, Including
Medical Gases, and Active Pharmaceutical Ingredients

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed extension of an existing
collection of information, and to allow 60 days for public comment in
response to the notice. This notice solicits comments on the
information collection associated with current good manufacturing
practice (CGMP) for drugs, finished pharmaceuticals, including medical
gases, and active pharmaceutical ingredients (APIs).

DATES: Submit either electronic or written comments on the collection
of information by May 3, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before May 3, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of May 3, 2021. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2011-N-0362 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Current Good Manufacturing
Practice Regulations for Manufacturing, Processing, Packing, and
Holding of Finished Pharmaceuticals, Including Medical Gases, and
Active Pharmaceutical Ingredients.'' Received comments, those filed in
a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
    Current Good Manufacturing Practice for Finished Pharmaceuticals,
Including Medical Gases, and Active Pharmaceutical Ingredients--21 CFR
parts 210 and 211 and 21 U.S.C 351(a)(2)(B).

OMB Control Number 0910-0139--Extension

    This information collection supports FDA regulations that govern
the manufacture, processing, packing, or holding of finished
pharmaceuticals, including medical gases, and APIs. Under section
501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21
U.S.C 351(a)(2)(B)), a drug is adulterated if the methods used in, or
the facilities or controls used for its manufacture, processing,
packing, or holding do not conform to or are not operated or
administered in conformity with CGMP regulations. FDA is responsible
for enforcing the FD&C Act as well as related statutes, including the
Public Health Service Act. Congress enacted these laws to ensure that
covered products meet applicable requirements regarding the safety,
identity and strength, and the quality and purity characteristics they
purport or are represented to possess, and are labeled with adequate
warnings and instructions for use.
    The pharmaceutical or drug quality-related regulations appear in
several parts of Title 21 Code of Federal Regulations (CFR) (Food and
Drugs), including sections in parts 1 through 99, 200 through 299, 300
through 499, 600 through 799, and 800 through 1299. The

regulations enable a common understanding of the regulatory process by
describing requirements to be followed by drug manufacturers,
applicants, and FDA. Under part 211 (21 CFR part 211; see 21 CFR
211.94(e)(1)), specific requirements for medical gas containers and
closures are also found in the regulations. Finally, the information
collection also supports regulations codified under parts 610 and 680
(21 CFR parts 610 and 680), which reference certain CGMP regulations in
part 211 (see Sec. Sec.  610.12(g), 610.13(a)(2), 610.18(d), 680.2(f),
and 680.3(f)).
    These regulations set forth information collection requirements
that allow FDA to meet its public health protection responsibilities.
Products that fail to comply with CGMP requirements may be rendered
adulterated under section 501(a)(2)(B) of the FD&C Act. To demonstrate
that their products comply with the requirements of section
501(a)(2)(B), API manufacturers must maintain CGMP records; therefore,
we have counted them among respondents who incur burden for the
information collection. In the table below, we have included an
additional 1,260 respondents to reflect API manufacturers not included
in our previous submission for renewal.
    To assist respondents with the information collection requirements
for medical gases, we developed a draft guidance for industry entitled
``Current Good Manufacturing Practice for Medical Gases.'' This
guidance, when finalized will discuss our recommendations regarding
compliance with applicable requirements found in the regulations as
they apply to these products. The guidance is available for download
from our internet site at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/current-good-manufacturing-practice-medical-gases. We believe the recommendations, if followed, will help
respondents focus their information collection activities most
efficiently with regard to demonstrating regulatory compliance.
    We estimate the burden of the information collection as follows:

      Table 1--Estimated Annual Recordkeeping Burden--APIs, Finished Pharmaceuticals, and Medical Gases 1 2
----------------------------------------------------------------------------------------------------------------
                                                   Number of                     Average burden
  Section 501(a)(2)(B) of the      Number of      records per    Total annual          per          Total hours
  FD&C Act; parts 210 and 211    recordkeepers   recordkeeper       records       recordkeeping
----------------------------------------------------------------------------------------------------------------
CGMP API Manufacturers........           1,260             256         322,560  0.82 (49.2               264,499
                                                                                minutes).
CGMP Finished Pharmaceuticals            3,270             299         977,730  0.64 (38                 625,747
 Manufacturers (excludes                                                         minutes).
 medical gases).
CGMP Medical Gases                       2,284             280         639,520  0.62 (37                 396,502
 Manufacturers.                                                                  minutes).
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............       1,939,810  ................       1,286,748
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.
\2\ Records and burden per activity have been averaged and rounded.

    Our estimated burden for the information collection reflects an
overall decrease of 29,073 hours and 1,762 records annually for CGMP
for finished pharmaceutical manufacturers, excluding those
manufacturers of medical gases. Our estimated burden for the
information collection also reflects an overall decrease of 486 hours
and 1,574 records annually for medical gas manufacturers. Our inclusion
of API manufacturers in this collection represents an addition of
264,499 hours and 322,560 records prepared.

    Dated: February 25, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-04380 Filed 3-2-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17940-17942]
[FR Doc No: 2010-8006]

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

Federal Emergency Management Agency

[Docket ID FEMA-2008-0014]

Draft Programmatic Environmental Assessment for the Evaluation of
the Grant Programs Directorate's Programs

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has prepared a
draft Programmatic Environmental Assessment (PEA) to address the
potential impacts to the human environment resulting from typical
actions funded by FEMA's Grant Programs Directorate (GPD) through the
wide variety of homeland security and emergency preparedness grant
programs that it administers. These programs provide grant funding to
States, Territories, and local and recognized Tribal governments to
enhance their homeland security efforts. The grant monies provide for
planning, conducting training and exercises, the purchase of equipment,
and management and administration. The purpose of the PEA is to
evaluate GPD programs and projects allowable under those programs, and
to facilitate FEMA's compliance with the National Environmental Policy
Act (NEPA) by providing a framework to address the potential
environmental impacts of these projects.
    FEMA is also making available for public comment a draft Memorandum
of Understanding (MOU) between FEMA and the U.S. Fish and Wildlife
Service (FWS) establishing procedures to monitor, assess, minimize and
avoid avian mortalities from communication tower construction
activities funded by FEMA. The MOU would be executed pursuant to
Executive Order 13186--``Responsibilities of Federal Agencies to
Protect Migratory Birds.''
    FEMA also provides notice to the public of the availability of a
FEMA comment on a draft program comment from the Advisory Council on
Historic Preservation (ACHP) regarding the effects of communication
facilities construction or modification subject to review by the
Federal Communications Commission (FCC). The ACHP draft program comment
recommends that projects funded by the National Telecommunications and
Information Administration and projects funded by the Rural Utilities
Service be exempt from the review required under Section 106 of the
National Historic Preservation Act (NHPA) by applicable FCC
Programmatic Agreements if the projects have undergone, will undergo,
or are exempt from Section 106 review by the FCC. FEMA seeks to add GPD
projects to that proposed exemption.

DATES: Comments on the draft Programmatic Environmental Assessment and
on the draft Memorandum of Understanding between FEMA and the U.S. Fish
and Wildlife Service must be submitted on or before May 10, 2010.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2008-
0014, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Search for
Docket ID FEMA-2008-0014 and follow the instructions for submitting
comments.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2008-0014
in the subject line of the message.
    Fax:<PHONE_NUMBER>.

    Mail/Hand Delivery/Courier: Office of Chief Counsel, Federal
Emergency Management Agency, 500 C Street, SW., Room 835, Washington,
DC 20472-3100.
    Instructions: All submissions received must include the agency name
and Docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available via a link in the footer of http:/
www.regulations.gov.
    Docket: For access to the docket to read the draft Programmatic
Environmental Assessment, the draft Memorandum of Understanding between
FEMA and the U.S. Fish and Wildlife Service, the FEMA comment on the
draft program comment from the ACHP, or comments submitted by the
public on these documents, go to the Federal eRulemaking Portal at
http://www.regulations.gov and search for docket ID FEMA-2008-0014.
These documents may also be inspected at FEMA, Office of Chief Counsel,
Room 835, 500 C Street, SW., Washington, DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Environmental
Officer, Office of Environmental Planning and Historic Preservation,
FEMA, 500 C Street, SW., Washington, DC 20472-3100; phone (202) 646-
2741; or Adria Mart[iacute]nez, Program Manager, GPD, FEMA, 500 C
Street, SW., Techworld Bldg., Room 5142 Washington, DC 20472-3100;
phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Draft Programmatic Environmental Assessment for the Evaluation of the
Grant Programs Directorate's Programs

    The purpose of the draft Programmatic Environmental Assessment
(PEA) is to evaluate the programs of the Grant Programs Directorate
(GPD) and the projects allowable under these programs and facilitate
FEMA's compliance with the National Environmental Policy Act (NEPA) by
providing a framework to address the potential environmental impacts of
those projects.
    The PEA also provides the public and decision-makers with the
information required to understand and evaluate the potential
environmental consequences of actions funded by FEMA. In addition to
meeting the goals of impact identification and disclosure, the PEA
addresses the need to streamline the NEPA review process in the
interest of national preparedness and homeland security.
    The analysis presented in the PEA relies on FEMA's experience
regarding environmental impacts that can be expected with actions that
would be funded under GPD grant programs. It is also based on a review
of scientific literature, consultation with regulatory and resource
agencies, and expert opinion. FEMA will consider the analysis in the
PEA to determine whether a Finding of No Significant Impact (FONSI) or
a Notice of Intent to Prepare an Environmental Impact Statement is
appropriate for the proposed actions described and assessed in the PEA.
    FEMA will use the PEA to evaluate the environmental impacts of GPD
grant programs and the projects funded by these programs. The PEA will
also assist in determining when more site-specific information is
needed and what level of environmental analysis and documentation is
required in order for more complex projects to comply with NEPA.

Draft Memorandum of Understanding Between FEMA and the U.S. Fish and
Wildlife Service

    The purpose of the Memorandum of Understanding (MOU) is to
establish procedures to be utilized by FEMA and the U.S. Fish and
Wildlife Service (FWS) to monitor, assess, minimize and avoid avian
mortalities from FEMA-sponsored telecommunication towers. Migratory
birds are of great ecological and economic value to this country and to
other countries. The United States has recognized the critical
importance of this shared resource by ratifying international,
bilateral conventions for the conservation of migratory birds. Under
Executive Order (E.O.) 13186-- ``Responsibilities of Federal Agencies
to Protect Migratory Birds,'' Federal agencies are encouraged to
negotiate MOUs with the FWS to promote the conservation of migratory
birds for taking actions, such as development and implementation of
programs, that have or are likely to have a measurable negative effect
on migratory bird populations.
    Avian mortality due to collisions with telecommunication towers is
a well documented phenomenon that has prompted significant debate and
litigation in the United States. GPD programs can be used to fund the
modification or new construction of towers. As a result, FEMA is
exercising its authorities and responsibilities under E.O. 13186, as
well as related laws such as NEPA, the Migratory Bird Treaty Act, the
Endangered Species Act, E.O. 11988--``Floodplain Management,'' and E.O.
11990--``Protection of Wetlands,'' to establish this framework.

FEMA Comment on a Draft Program Comment From the Advisory Council on
Historic Preservation

    On September 17, 2009, the Advisory Council on Historic
Preservation (ACHP) published a notice for comment on its Draft Program
Comment for the National Telecommunications and Information
Administration and the U.S. Department of Agriculture's Rural Utilities
Service Regarding the Effects of Communication Facilities Construction
or Modification Subject to Review by the Federal Communications
Commission (74 FR 47807). The draft program comment requests the
elimination of duplicative National Historic Preservation Act (NHPA)
Section 106 reviews for tower construction and modification projects
sponsored by the Rural Utilities Service (RUS) and the National
Telecommunications and Information Administration (NTIA) that have
undergone, will undergo, or are exempt from Section 106 review under
Federal Communication Commission (FCC) historic preservation
procedures, which are governed by applicable FCC Programmatic
Agreements.
    FEMA believes that the ACHP draft program comment should be
extended to grant-funded construction and modifications of
telecommunication towers sponsored by FEMA. Among the eligible
activities funded by GPD and critical to the Nation's readiness are the
installation of new, or modification of existing, telecommunication
towers and collocation of antennas on existing towers or non-tower
structures to ensure interoperable communication between first
responders during disasters or emergency events. FEMA believes that
when grantees must satisfy the Section 106 review for both FEMA and FCC
purposes, and the FCC requirements have been fulfilled for the project
before the project is submitted to FEMA, a redundant level of effort is
created that places an undue administrative burden upon grantees and
State Historic Preservation Officers/Tribal Historic Preservation
Officers (SHPOs/THPOs). This results in an unnecessary delay in the
delivery of funds to the grantee for homeland security/emergency
preparedness initiatives, and provides no additional value to the
consideration of historic properties in keeping with the spirit and
intent of Section 106. As a result, FEMA is providing comments to the
ACHP to request the inclusion of

FEMA's comment in the ACHP draft program comment.

    Authority: National Environmental Policy Act (NEPA), as amended,
42 U.S.C. 4331 et seq.; 40 CFR 1500.1 et seq.; 44 CFR 10.1 et seq.

    Dated: April 1, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-8006 Filed 4-7-10; 8:45 am]
BILLING CODE 9111-78-P


[Federal Register: February 2, 2009 (Volume 74, Number 20)]
[Notices]
[Page 5885-5886]
[DOCID:fr02fe09-98]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2009-0001-N-2]

Notice and Request for Comments

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirements (ICRs) abstracted below have been forwarded to
the Office of Management and Budget (OMB) for review and comment. The
ICRs describe the nature of the information collections and their
expected burdens. The Federal Register notice with a 60-day comment
period soliciting comments on the following collections of information
was published on November 25, 2008 (73 FR 71715).

DATES: Comments must be submitted on or before March 4, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC
20590 (telephone:<PHONE_NUMBER>), or Ms. Nakia Jackson, Office of
Information Technology, RAD-20, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone:
(202) 493-6073). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law No. 104-13, Section 2, 109 Stat. 163 (1995) (codified as
revised at 44 U.S.C. 3501-3520), and its

implementing regulations, 5 CFR Part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. 44 U.S.C. 3506,
3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On November 25, 2008, FRA
published a 60-day notice in the Federal Register soliciting comment on
ICRs that the agency was seeking OMB approval. 73 FR 71715. FRA
received no comments after issuing this 60-day notice. Accordingly, DOT
announces that these information collection activities have been re-
evaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information
collection requirements (ICRs) and the expected burden. The revised
requirements are being submitted for clearance by OMB as required by
the PRA.
    Title: FRA Emergency Order No. 26.
    OMB Control Number: 2130-0579.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Railroads.
    Abstract: Emergency Order No. 26--and its associated collection of
information--is FRA's direct and proactive response to the September
12, 2008, Chatsworth, California, collision of a Union Pacific (UP)
freight train and a Metrolink commuter train, which resulted in the
deaths of 25 people and numerous injuries to train occupants, as well
as to other train accidents/incidents involving cell phone use and use
of electronic/electrical devices that have occurred throughout the
country recently. The collection of information under Emergency Order
No. 26 is aimed at ensuring that railroads revise their programs of
operational tests and inspections, as necessary, to include the
requirements of E.O. 26 and specifically include a minimum number of
operational tests and inspections; and at ensuring railroads instruct
each of their operating employees and supervisors of railroad operating
employees concerning the requirements of E.O. 26 and implementing
railroad rules and instructions. The collection of information under
E.O. 26 also contains a provision that allows railroads to petition for
relief from this Order by adopting other means of ensuring that
railroad operating employees are not distracted from their duties by
use of electronic or electrical devices or by implementing technology
that will prevent inappropriate acts and omissions from resulting in
injury to persons.
    Annual Estimated Burden Hours: 33,268 hours.

ADDRESSES: Send comments regarding these information collections to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 Seventeenth Street, NW., Washington, DC 20503, Attention:
FRA Desk Officer. Alternatively, comments may be sent via e-mail to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, at the following address: oira_
<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimates of
the burden of the proposed information collections; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collections of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on January 27, 2009.
Kimberly Orben,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E9-2196 Filed 1-30-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2503-2504]
[FR Doc No: 2023-00496]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1225; Airspace Docket No. 22-AGL-31]
RIN 2120-AA66

Amendment of Class E Airspace; Plymouth and Winamac, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Plymouth and
Winamac, IN. This action is due to airspace reviews conducted as part
of the decommissioning of the Knox very high frequency (VHF)
omnidirectional range (VOR) as part of the VOR Minimal Operational
Network (MON) Program. The geographic coordinates of Plymouth Municipal
Airport are also being updated to coincide with the FAA's aeronautical
database.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Plymouth Municipal Airport, Plymouth, IN, and Arens
Field, Winamac, IN, to support instrument flight rule operations at
these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 66627; November 4, 2022) for Docket No. FAA-2022-1225
to amend the Class E airspace at Plymouth and Winamac, IN. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class E airspace extending upward from 700 feet above
the surface to within a 6.4-mile (increased from a 6.3-mile) radius of
Plymouth Municipal Airport, Plymouth, IN; and updates the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database;
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 6.4-mile (decreased from a 7-mile) radius
of Arens Field, Winamac, IN; and removes the city associated with the
airport in the airspace legal description header to comply with changes
to FAA Order JO 7400.2N, Procedures for Handling Airspace Matters.
    This action is due to airspace reviews conducted as part of the
decommissioning of the Knox VOR, which provided navigation information
for the instrument procedures at this airport, as part of the VOR MON
Program.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist

that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL IN E5 Plymouth, IN [Amended]

Plymouth Municipal Airport, IN
    (Lat. 41[deg]21'54'' N, long. 86[deg]18'01'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Plymouth Municipal Airport.
* * * * *

AGL IN E5 Winamac, IN [Amended]

Arens Field, IN
    (Lat. 41[deg]05'32'' N, long. 86[deg]36'46'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Arens Field.

    Issued in Fort Worth, Texas, on January 9, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-00496 Filed 1-13-23; 8:45 am]
BILLING CODE 4910-13-P