[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29220-29222]
[FR Doc No: 2022-10316]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0919; Airspace Docket No. 21-ASO-32]
RIN 2120-AA66

Amendment of United States Area Navigation (RNAV) Route T-215 and
Establishment of RNAV Route T-408; Central United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends United States Area Navigation (RNAV) route
T-215 in the central United States due to the decommissioning of the
Holston Mountain, TN, (HMV) VHF Omnidirectional Range Tactical Air
Navigation (VORTAC), and the Hazard, KY, (AZQ) Distance Measuring
Equipment (DME) in support of the VHF Omnidirectional Range (VOR)
Minimum Operational Network (MON) program. Additionally, this action
extends T-215 to the north and south of its current limits to expand
the availability of RNAV in the National Airspace System (NAS). This
action also establishes T-408 that was proposed previously in a
separate docket action.

DATES: Effective date 0901 UTC, July 14, 2022. 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 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the NAS.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0919, in the Federal Register (86 FR 61722; November 8, 2021),
amending T-215. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. One
comment was received that did not pertain to the proposal.
    United States RNAV T-routes are published in paragraph 6011 of FAA
Order JO 7400.11F, dated August 10, 2021, and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The RNAV
routes listed in this document will be subsequently published in FAA
Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Difference From the NPRM

    The FAA is adding the establishment of a new route, designated T-
408, to this docket action. The establishment of T-408 was proposed in
the Federal Register under Docket No. FAA-2021-0991 (86 FR 67373;
November 26, 2021). No comments were received in response to the NPRM.
However, the required documentation for T-408 was delayed and could not
be completed in time to meet the planned chart date for Docket No. FAA-
2021-0991. Therefore, T-408 is being added to this final rule.

The Rule

    This action amends 14 CFR part 71 by amending RNAV route T-215 by
extending the route further to the north and southeast in the central
United

States. This action is necessary due to the planned decommissioning of
the Holston Mountain, TN, (HMV) VORTAC, and the Hazard, KY, (AZQ) DME.
Additionally, this action adds the establishment of T-408, previously
proposed as described above, to this docket action.
    T-215: T-215 currently extends between the Holston Mountain, TN,
VORTAC, and the GAMKE, IN, waypoint (WP). This amendment includes
replacing the Holston Mountain, TN, VORTAC with the HORAL, TN, WP, and
replacing the Hazard, KY, DME with the DACEL, KY, WP. The route is
extended south of the HORAL WP to the BURGG, SC, WP. Additionally, the
route is extended to the north of the GAMKE, IN, WP ending at the
CPTON, IL, WP, which is approximately 15 nautical miles east of the
Bradford, IL, (BDF) VORTAC. The HILTO, VA, FIX; FLENR, VA, WP; and
RISTE, KY, WP, are not needed for defining the track of T-215 so they
are removed from the route legal description. In addition, the HUGEN,
KY, FIX is removed from the route because it does not denote a route
turn point. Because a VOR is not a required component for navigating on
T-215, removal of the Holston Mountain VORTAC does not affect the
alignment or navigation along T-215. As amended, T-215 extends between
the BURGG, SC, WP, and the CPTON, IL, WP.
    T-408: T-408 is a new route that extends between the NOKIE, GA, WP
(replacing the Macon, GA, (MCN) VORTAC), eastward to the TBERT, GA, WP
(replacing the Savannah, GA, (SAV) VORTAC). T-408 overlies VOR Federal
airway V-154 between the Macon VORTAC, and the Savannah VORTAC. This
route expands the availability of RNAV routing in the NAS.
    The full route legal descriptions are listed in ``The Amendment''
section, below.
    These changes expand the availability of RNAV to reduce the NAS
dependency on ground based navigational systems and assist with the
transition to a more efficient Performance Based Navigation route
structure.
    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.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 of amending RNAV route T-
215, and establishing T-408, in support of efforts transitioning the
NAS from ground-based to satellite-based navigation, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points); and paragraph 5-6.5b, which categorically excludes from
further environmental impact review ``Actions regarding establishment
of jet routes and Federal airways (see 14 CFR 71.15, Designation of jet
routes and VOR Federal airways) . . .''. As such, this action is not
expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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 14 CFR 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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-215 BURGG, SC to CPTON, IL [Amended]

BURGG, SC                                       WP                             (Lat. 35[deg]02'00.55'' N, long. 081[deg]55'36.86'' W)
GENOD, NC                                       FIX                            (Lat. 35[deg]33'06.04'' N, long. 081[deg]56'57.05'' W)
HORAL, TN                                       WP                             (Lat. 36[deg]26'13.99'' N, long. 082[deg]07'46.48'' W)
DACEL, KY                                       WP                             (Lat. 37[deg]23'10.68'' N, long. 083[deg]14'52.13'' W)
Lexington, KY (HYK)                             VOR/DME                        (Lat. 37[deg]57'58.86'' N, long. 084[deg]28'21.06'' W)
GAMKE, IN                                       WP                             (Lat. 38[deg]46'12.99'' N, long. 085[deg]14'35.37'' W)
MILAN, IN                                       WP                             (Lat. 39[deg]21'21.98'' N, long. 085[deg]19'00.63'' W)
DEEKS, IN                                       WP                             (Lat. 40[deg]12'38.37'' N, long. 085[deg]58'05.38'' W)
BONOY, IN                                       FIX                            (Lat. 40[deg]30'24.11'' N, long. 086[deg]01'16.88'' W)
CLEFT, IN                                       WP                             (Lat. 41[deg]04'51.95'' N, long. 086[deg]02'29.28'' W)
MAPPS, IN                                       WP                             (Lat. 41[deg]10'53.94'' N, long. 086[deg]56'32.63'' W)
CPTON, IL                                       WP                             (Lat. 41[deg]06'51.57'' N, long. 089[deg]11'58.93'' W)

                                                                      * * * * * * *
T-408 NOKIE, GA to TBERT, GA [New]

NOKIE, GA                                       WP                             (Lat. 32[deg]41'28.86'' N, long. 083[deg]38'49.88'' W)

GUMPY, GA                                       WP                             (Lat. 32[deg]33'48.15'' N, long. 082[deg]49'48.76'' W)
LOTTS, GA                                       FIX                            (Lat. 32[deg]20'11.64'' N, long. 081[deg]51'18.42'' W)
TBERT, GA                                       WP                             (Lat. 32[deg]08'46.76'' N, long. 081[deg]11'57.44'' W)

* * * * *

    Issued in Washington, DC, on May 9, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-10316 Filed 5-12-22; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 4, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14393

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROVIAS CARIBE, S.A. de C.V.
                          Date Filed:  January 28, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit
Aerovias Caribe to conduct scheduled, combination services between:  1)
Mexico City, Mexico, and Austin, Texas; 2) the Mexican coterminal points
Cancun/Puerto Vallarta, and the U.S. coterminal points San
Antonio/Austin, Texas; and a Statement of Authorization under 14 CFR
Part 212 to permit Aerovias Caribe to carry Mexicana’s designator code
on these flights.

Applicants’ representative:  Robert D. Papkin,<PHONE_NUMBER>     DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

If renewal, date and citation of last action:  New authority.

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved. 			   			                    Action date:  March 4,
2003

Effective dates of authority granted:  March 4, 2003, through March 4,
2004.

Basis for approval:  United States-Mexico Air Transport Services
Agreement.

Except to the extent exempted/waived, the exemption authority is subject
to the terms, conditions, and limitations indicated:  standard exemption
conditions.

Special conditions/Remarks:  We found that Aerovias Caribe, S.A. de
C.V., is operationally and financially qualified to conduct its proposed
operations and that it is substantially owned and effectively controlled
by citizens of Mexico.  Also, the FAA advised us that it knows of no
reason to withhold this operating authority.

The codeshare operations are subject to the following conditions – a)
The subject foreign air carriers (Aerovias Caribe and Mexicana) must
promptly notify the Department (Office of International Aviation) if the
code-share agreements under which these code-share services are operated
are no longer in effect, or if the carriers decide to cease operating
all or any portion of the approved code-share services.  (We expect this
notification to be received within ten days of such non-effectiveness or
of such decision.  This notice should be filed in Docket
OST-2003-14393.)  b) The code-sharing operations conducted under this
authority must comply with 14 CFR Part 257 and with any amendments to
the Department’s regulations concerning code-share arrangements that
may be adopted.  Notwithstanding any provisions in the contract between
the subject air carriers, our approval here is expressly conditioned
upon the requirements that the subject foreign air transportation be
sold in the name of the carrier holding out the service in computer
reservation systems and elsewhere; that the carrier selling such
transportation (that is, the carrier shown on the ticket) accept
responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected.
 c) The authority granted here is specifically conditioned so that the
subject foreign air carriers shall not give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


 Introduction: The U.S. Environmental Protection Agency (EPA) will invite selected interested parties to submit this application for Water Infrastructure Finance and Innovation Act (WIFIA) credit assistance. EPA will use the collected information to further evaluate recipients and to develop loan agreement documents. EPA may ask applicants to provide additional supporting materials or to clarify details during the review and negotiating process. The applicant is required to notify of and submit to EPA any superseded application materials during the review period.

Purpose: The purpose of the application is to ensure that the applicant and project(s) are creditworthy and to calculate the amount of budget authority that will be needed to fund the project(s).
Format: Applications must include all requested information and will not be reviewed if incomplete.  Applications should be placed in three-hole punch binders with sections and tabs following the sequence and page limit shown in the application checklist appearing on page four (4) of this application.
Submission: Applicants should submit completed applications that include all components on the application checklist.  EPA may request additional items from applicants on a case-by-case basis. The application form must be submitted both electronically on a CD and printed with the other materials requested in this application. The completed application package, including a CD containing electronic versions of the entire application with attachments (not in PDF or "values" format) should be sent to the attention of NAME, ADDRESS. Applicants are advised to use an express mail or courier delivery service to ensure delivery confirmation of the package.
Selection: EPA's invitation of an interested party to submit an application for the WIFIA program does not imply that EPA has approved all elements proposed in the letter of interest. For example, EPA may require changes in the project's financial plan proposed in the letter of interest. Credit assistance is subject to a determination of creditworthiness and negotiation of a credit agreement satisfactory to EPA.
Charges: EPA requires a non-refundable application fee to be paid at the time of submission. A credit processing fee will be charged to fully cover EPA's financial, legal, and other expert advisory services costs in connection with the evaluation and negotiation of the terms of WIFIA credit assistance for the project. The applicant must reimburse EPA for costs incurred in negotiating the credit agreement irrespective of whether the credit agreement is executed. By submitting this application, the applicant certifies that it will pay all required fees as outlined in the Notice of Funding Availability in the Federal Register.
Information Requests: If an applicant desires that any information submitted in its application or any supplement thereto not be released by EPA upon request from a member of the public or otherwise made publicly available, the applicant must identify the confidential business information and provide reasons  why such information is confidential business information and should not be released, including particulars as to any competitive harm which would potentially result from the release of such information. EPA will keep such information confidential to the extent permitted by law.
Warning: Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by the Environmental Protection Agency. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001.

Key Definitions
 Administrator means the Administrator of EPA.

 Applicant means the entity submitting the application for WIFIA credit assistance.

 Eligible project costs mean amounts, substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of:
 Development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
 Construction, reconstruction, rehabilitation, and replacement activities;
 The acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 5026(7)), construction contingencies, and acquisition of equipment; and
 Capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.

 Investment-grade rating means a rating category of BBB minus, Baa3, or higher assigned by a rating agency to project obligations offered into the capital markets.

 Obligor means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument.

 Project means:
 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection.
 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j - 12(a)(2)).
 A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
 A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
 A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project.
 Acquisition of real property or an interest in real property --
 If the acquisition is integral to a project described in paragraphs (1) through (5); or
 Pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
 A combination of projects, each of which is eligible under paragraph (1) or (2), for which a State infrastructure financing authority submits to the Administrator a single application.
 A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), or (6), for which an eligible entity, or a combination of eligible entities, submits a single application.

 Rating agency means a bond rating agency identified by the Securities and Exchange Commission as a Nationally Recognized Statistical Rating Organization.

 State means any one of the fifty states, the District of Columbia, Puerto Rico, or any other territory or possession of the United States.

 State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j - 12).

 WIFIA means the Water Infrastructure Finance and Innovation Act of 2014, Pub. L. 113-121, 33 U.S.C. 3901-3914.

Application Checklist
WIFIA applications must include the following
                                     Item
                        Page Limit (excluding Exhibits)
                            Copies (Plus Original)
Application Form
                                                                              1
                                                                              4
Certifications
                                                                              2
                                                                              4
Section A:  Applicant Information
                                                                             10
                                                                              4
Background

Organizational Structure

Litigation and/or Conflicts

Section B:  Detailed Project Information
                                                                             15
                                                                              4
Project Description
Location
Construction Plans and Specifications

Estimated Project Cost

Project Schedule
Alternatives Analysis
Bond Engineer's Report
Environmental Review
Other Permits and Approval

Project Management Team

Project Management and Compliance Monitoring Plan
Construction Risks and Mitigation Strategies

Section C: Operation and Maintenance Plan
                                                                              8
                                                                              4
Customer Concentration Analysis

 Management Experience

Source of Supply

Operational Risks and Mitigation Strategies

Section E:  Financing Plan
                                                                             15
                                                                              4
Source of Funds

Dedicated Sources of Income for Repayments

Available Sources of Security

Proposed Terms for WIFIA Assistance

Financing Restrictions

Rate

 Exhibit I:  Applicant Background

                                                                              1
Exhibit II:  Organizational Chart

                                                                              1
Exhibit III:  Financial Statements

                                                                              1
Exhibit IV:  Project Map

                                                                              1
Exhibit V:  Construction Plans and Specifications

                                                                              1
Exhibit VI:  Alternatives Analysis

                                                                              1
Exhibit VII:  Bond Engineer's Report

                                                                              1
Exhibit VIII: Operations and Maintenance Plan

                                                                              1
Exhibit IX:  Cash Flow Pro Forma

                                                                              1
Exhibit X:  Source of Funds

                                                                              1
Exhibit XI:  Projected Revenues

                                                                              1
Exhibit XII:  Preliminary Rating Letter

                                                                              1
Exhibit XIII:  Proposed Terms and Conditions for WIFIA Assistance

                                                                              1
Exhibit XII:  Rate Studies and Rate Schedules

                                                                              1
Other:  Non-refundable Application Fee

Application Form

 Legal name:
 Project Name:
 Other names under which the applicant does business:
 Employer/taxpayer identification number (EIN/TIN):
 DUNS number:
 Department and division name:
 Business street address, city, state, zip:

 Mailing street address (if different from above):

 Congressional district of applicant:
 Applicant website:

Certifications

 National Environmental Policy Act:  The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
 American Iron and Steel:  The applicant acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.
 Prevailing Wages:  The applicant acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).
 Credit Ratings:  This applicant has received a preliminary rating opinion letter(s) or current credit rating on the senior debt instrument, from one or more rating agencies. These letters or ratings are attached as Exhibit XII.
 Credit Processing Fees:  The undersigned certifies that it will reimburse EPA for its costs incurred in negotiating the credit agreement, irrespective of whether the credit agreement is executed.
 Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. The EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA program.
WIFIA applicants must file a declaration: (a) with the submission of an application for WIFIA credit assistance; (b) upon receipt of WIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA credit assistance.
The undersigned certifies, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
 Debarment:  The undersigned further certifies that it is not currently, nor has it been in the preceding three years: 1) debarred, suspended, or declared ineligible from participating in any Federal program; 2) formally proposed for debarment, with a final determination still pending; 3) voluntarily excluded from participation in a Federal transaction; or 4) indicted, convicted, or had a civil judgment rendered against it for any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532.
 Default/Delinquency:  The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.
 Other Federal Requirements:  The applicant acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at: www.epa.gov/wifia.
 Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:

Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:

Signature:  By submitting this application, the undersigned certifies that the facts stated and the certifications and representations made in this application are true, to the best of the applicant's knowledge and belief after due inquiry, and that the applicant has not omitted any material facts. The undersigned is an authorized representative of the applicant.Signature:
Date Signed:

Supporting Narrative
Section A: Applicant Information (10 page limit, excluding Exhibits)
 Background:
 Describe the applicant's history, ownership, and legal structure (e.g., state governmental agency, local governmental agency, corporation, or partnership). Include a copy of the statutory authority under which the entity was created as part of Exhibit I, if applicable.
 Describe the legal authority of the applicant to carry out proposed project activities described in the application packet, including levying taxes, issuing debt, charging fees, and/or receiving dedicated funding from another entity. Provide documentation as part of Exhibit I.
 Identify whether governmental entities (other than the applicant) must approve the submission of the application packet, the funding of activities, or the carrying out of activities in the application (other than permits). Provide documentation as part of Exhibit I.
 Organizational Structure:
 Describe the applicant's organizational structure and the applicant's relationship to any subsidiaries or affiliates. Include the legal names of key principals and staff (e.g., project manager and chief financial officer) and any recent or proposed changes to the organizational structure.
 Provide an organizational chart as Exhibit II, to include the major parties involved in planning, owning, financing, constructing, operating, and/or maintaining the project(s). Include the major service contractors that have been, or will be, retained for the project (e.g., architects, developers, engineers, attorneys, financial advisors and underwriters, environmental consultants). EPA may request additional documentation from major parties other than the applicant as part of the project evaluation and approval process.
 Litigation and/or Conflicts: Disclose any current, threatened, or pending litigation involving the applicant related to permitting, public involvement, environmental irregularities, construction defects, securities fraud, conflict of interest, failure to perform under a State or Federal contract, or other charges which may reflect on the applicant's financial position or ability to complete the project(s).
 Financial Statements: Provide year-end audited financial statements for the past three years, as available, as Exhibit III.
Section B: Detailed Project Information (15 page limit, excluding Exhibits)
 Project Description: Describe the need for the project(s), its basic design features, and what it will accomplish. Include an assessment of the current condition of all water facilities relating to the project. If the project(s)'s current scope differs from what is described in the letter of interest, please explain.
 Location: Describe the location of the project(s), including major highways and rail routes, and attach a map as Exhibit IV. Include the name(s) of the counties that the project(s) will serve.
 Construction Plans and Specifications: Attach the construction plans and specifications (with P.E. stamp) for the project(s), including, but not limited to, construction drawings, specifications, construction contract forms, bidding instructions, etc., as Exhibit V.
 Estimated Project Cost:
 Provide a detailed cost estimate for the project(s). Distinguish between total and eligible project costs. Describe any costs or activities that may not be WIFIA-eligible.
 For eligible project costs, provide an activity breakdown, as applicable, for: development-phase activities; construction, reconstruction, rehabilitation, and replacement activities; the acquisition of real property or an interest in real property, environmental mitigation, construction contingencies, and acquisition of equipment; and capitalized interest. Include other cost categories as necessary.
 Project Schedule(s): Provide a timeline(s) that illustrates the estimated start and completion dates for each major phase or milestone of project development, construction, and/or acquisition. Indicate the applicant's current status on this timeline.
 Alternatives Analysis:
 If an alternatives analysis or business case analyses was not provided in the letter of interest, provide documentation of such analysis.
 Describe in detail the alternatives available, including the discussion of a "no action" alternative. The number and types of alternatives depend upon the scope and complexity of the project.
 Use a minimum planning period of five (5) years, and a maximum planning period not to exceed the useful life of the project.
 Describe the rationale (i.e., lowest capital cost, greater ease of operation, most reliable, fewest environmental impacts, etc.) for the selected alternative. This rationale should include the technical, managerial, financial, environmental, operational, and local decision making approaches.
 Provide any referenced documents as Exhibit VI.
 Bond Engineer's Report:  Describe the independent bond engineer's report(s), and summarize the primary conclusions of the report(s). Include the bond engineer's report(s) as Exhibit VII.
 Environmental Review: Summarize the status of the project(s)'s environmental review. Specifically, discuss whether the project(s) has received a Categorical Exclusion, Finding of No Significant Impact, or Record of Decision, or at a minimum, whether a draft Environmental Impact Statement has been circulated in accordance with the National Environmental Policy Act. A copy of the report(s) will be required prior to execution of the credit agreement with EPA.
 Other Permits and Approval: List all other major permits and approvals necessary for construction of the project(s) and the date, or projected date, of the applicant's receipt of such permits and approvals. The list should include permits and approvals required under local, regional, State, and Federal laws and regulations. In particular, indicate when outstanding approvals by State or local government entities are expected. Copies of major permits and approvals will be required upon execution of a credit agreement with EPA.
 Project Management Team(s):  Identify the entity(s) responsible for the construction of the project(s), and describe the experience, technical capacity, and financial background of each entity. If the entity is a contractor, describe the contractual arrangement between the contractor and the applicant.
 Project Management and Compliance Monitoring Plan:  Provide a comprehensive project management and monitoring plan that will demonstrate the applicant's ability to deliver the project(s) as planned, fulfill all project commitments, and ensure compliance with all terms of the credit agreement, including all applicable regulations and provision of law. The plan should provide: (a) information on the roles and responsibilities of all entities with decision making authority for the project(s); (b) status reporting processes that document not only the status but changes and potential risks; and (c) coordination processes that provide for advance notification of potential issues to all appropriate agencies and timely resolution.
 Construction Risks and Mitigation Strategies:  Identify risks to the project construction being completed as described in the project schedule(s) and within the estimated project cost. Sample risks might include construction schedules, cost escalation, approvals, and litigation. Identify all mitigation strategies and proposed cost-containment approaches.

Section C: Operations and Maintenance Plan (8 page limit, excluding Exhibits)
 Operation and Maintenance Plan: Attach the operation and maintenance plan for the project(s) as Exhibit VIII. This plan should describe any contractual arrangements that the applicant plans to execute for the operation and maintenance of the project(s), cost estimates for operating and maintaining the project(s), key performance indicators, insurance policies that may be used to cover the project(s), and reserves that will be set aside for the maintenance of the project(s).
 Customer Concentration Analysis:  List the historical, if available, or projected breakdown of customers, and list the top ten customers by percentage of revenues.
 Management Experience:  Describe each contractor with whom the project(s) has a contractual arrangement for the operation and maintenance of the project(s), or the management team that will be overseeing the operation and maintenance of the project(s). This description should list the members of the management team, and similar projects that each member of the management team has worked on.
 Source of Supply:  Describe the water or wastewater intake source(s), and its specifications. Identify whether the source(s) of supply has been secured, and if so, in what quantities. Describe how the source(s) of supply specifications are compatible with the project design.
 Operational Risks and Mitigation Strategies:  Identify operational risks facing the project(s), such as insufficient subscription, insufficiency of supply, deterioration of distribution and conveyance systems, and litigation risks. Identify all mitigation strategies.
Section E: Financing Plan (15 page limit, excluding Exhibits)
 Cash Flow Pro Forma: Attach the cash flow pro forma(s) for the project(s) as Exhibit IX. The pro forma(s) should include both a statement of sources and uses and a projection of monthly or quarterly cash flows during the construction period and annual cash flows thereafter. All amounts should be expressed on a cash (year-of-expenditure) basis and should include a narrative describing assumptions used to arrive at such estimates.  The pro forma(s) should include:
 Projected cash flows through such time as all project debt is repaid, including separate line items for each category of revenue (such as taxes and user fees) and expenditure (at a minimum, construction expenditures, operations and maintenance, contributions to reserves and capital replacement funds, debt service, repayments of the WIFIA credit assistance, and repayment of other borrowed funds, if any);
 Estimated debt service coverage, separated into Federal, non-Federal (addressing, as applicable, senior and junior lien debt), and illustrating projected combined coverage, as applicable;
 Amortization schedule for all project debt, separated into Federal, non-Federal (addressing, as applicable, senior- and junior-lien debt), and combined components; and
 Anticipated repayment schedule illustrating the disbursement and repayment of the requested WIFIA credit assistance.
 Sources of Funds:
 List the source of funds for the total project(s). Sources should include separate line items, as applicable, for Federal grants, State grants, local grants, private investment (equity or debt); any other contributions, market value of right-of-way dedications, bond proceeds (general obligation, revenue, and others), other borrowing (specify), investment income, revenues, and Federal credit assistance proceeds. For each line item, describe the status of the source (e.g., requested, committed, and received).  Provide supporting documentation to evidence the status of these funds in Exhibit X.
 List all the uses of funds for the total project(s). Uses should include separate line items, as applicable, for development-phase activities; construction, reconstruction, rehabilitation, and replacement activities; the acquisition of real property or an interest in real property, environmental mitigation, construction contingencies, and acquisition of equipment; and capitalized interest. Include other uses categories as necessary.
   Note:  Total sources and uses should be equal to one another and equal the estimated total project costs. All estimates should be expressed in year-of-expenditure dollars.
 Dedicated Sources of Income for Repayment:
 Describe all revenue sources to be used to repay project financing. Specify the nature of the revenue source (dedicated or not dedicated), the expected rate(s), the base to which such rates will be applied (e.g. average monthly consumption), projected revenues from each source, and projected increases or decreases in such revenues over time. Include rate covenants that may affect these revenue sources.
 Elaborate on existing or anticipated pledges/claims on revenues and provide a brief summary of all claims on the flow of funds
 Attach documentation as Exhibit XI to provide the basis for projected revenues and their respective anticipated rates of change. If independent revenue projections have not yet been obtained, state when such independent projections will be completed and identify the consultant engaged to perform the analysis.
 Available Sources of Security:  Describe any source of revenues or assets that the applicant(s) plans to use as security for the WIFIA assistance.
 Preliminary Rating Letter from a Rating Agency on the Project's Senior Obligations:  Submit as Exhibit XII a preliminary rating letter from a rating agency, describing the applicant's ability to obtain an investment grade rating on the project(s)'s senior obligation(s), which may be the WIFIA assistance.
 Proposed Terms for the WIFIA assistance: Identify the proposed terms for the requested WIFIA credit assistance, including at a minimum the amount, origination date, final maturity date, estimated interest rate, timing of disbursements, pledged security, repayment sources, amortization schedule, and lien position. The proposed terms and conditions should be submitted as Exhibit XIII.
 Financing Restrictions:  Describe any restrictions that may limit the project(s)'s ability to pursue additional funding or transfer funds from the applicant, such as Additional Bonds Tests or closed indentures.
 Rate:  Describe any regulations governing rate setting, including rate covenants. If applicable, include the last three rate studies and rate schedules for the applicant as Exhibit XIV.


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Notices]
[Page 32588-32589]
[DOCID:fr09jn08-57]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Joint Meeting of the Peripheral and Central Nervous System Drugs
Advisory Committee and the Psychopharmacologic Drugs Advisory
Committee; Notice of Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committees: Peripheral and Central Nervous System Drugs
Advisory Committee and the Psychopharmacologic Drugs Advisory
Committee.
    General Function of the Committees: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on July 10, 2008, from 8
a.m. to 5 p.m.
    Location: Sheraton College Park Hotel, The Ballroom, 4095 Powder
Mill Rd., Beltsville, MD,<PHONE_NUMBER>.
    Contact Person: Yvette Waples, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
FDA Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>
in the Washington, DC area), codes<PHONE_NUMBER> and<PHONE_NUMBER>. Please
call the Information Line for up-to-date information on this meeting. A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: The Peripheral and Central Nervous System Drugs Advisory
Committee, the Psychopharmacologic Drugs Advisory Committee,
representatives from the Pediatric Advisory Committee, and the Drug
Safety and Risk Management Advisory Committee will consider the results
of FDA's analysis of suicidality (both suicidal ideation and behavior)
from placebo-controlled clinical studies of 11 drugs. The following
drugs will be considered: (1) Carbamazepine (marketed as CARBATROL,
Shire Pharmaceuticals, EQUETRO, Validus Pharmaceuticals, Inc.,
TEGRETOL, Tegretol XR, Novartis Pharmaceuticals Corp.); (2) felbamate
(marketed as FELBATOL, Meda Pharmaceuticals, Inc.); (3) gabapentin
(marketed as NEURONTIN, Pfizer, Inc.); (4) lamotrigine (marketed as
LAMICTAL, GlaxoSmithKline); (5) levetiracetam (marketed as KEPPRA, UCB,
Inc.); (6) oxcarbazepine (marketed as TRILEPTAL, Novartis
Pharmaceuticals Corp.); (7) pregabalin (marketed as LYRICA, Pfizer
Inc.); (8) tiagabine (marketed as GABITRIL, Cephalon, Inc.); (9)
topiramate (marketed as TOPAMAX, Ortho-McNeil-Janssen Pharmaceuticals,
Inc.,); (10) valproate (marketed as DEPAKOTE, DEPAKOTE ER, DEPAKENE,
DEPACON, Abbott Laboratories); and (11) zonisamide (marketed as
ZONEGRAN, Dainippon). FDA will discuss with the committee actions taken
in light of the results and whether any additional actions are
necessary.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before June
25, 2008. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 3 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before June 17, 2008. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may

conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by June 18, 2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Yvette Waples at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 2, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-12870 Filed 6-6-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47797-47798]
[FR Doc No: 2016-17281]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0665; FRL-9947-65-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Magnetic Tape Manufacturing
Operations (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Magnetic Tape
Manufacturing Operations (40 CFR part 63, subpart EE) (Renewal)'' (EPA
ICR No. 1678.09, OMB Control No. 2060-0326), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a
proposed extension of the ICR, which is currently-approved through July
31, 2016. Public comments were previously requested via the Federal
Register (80 FR 32116) on June 5, 2015, during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An Agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently-valid OMB control number.

DATES: Additional comments may be submitted on or before August 22,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0665, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>

Address comments to OMB Desk Officer for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: Owners and operators of affected facilities are required
to comply with reporting and record keeping requirements for the
General Provisions (40 CFR part 63, subpart A), as well as for the
specific requirements at 40 CFR part 63 Subpart EE. This includes
submitting initial notifications, performance tests and periodic
reports and results, and maintaining records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These reports are used by EPA to determine compliance
with the standards.
    Form Numbers: None.
    Respondents/affected entities: Magnetic tape manufacturing
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart EE).
    Estimated number of respondents: 6 (total).
    Frequency of response: Initially, quarterly and semiannually.
    Total estimated burden: 3,910 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $451,000 (per year), which includes $47,000
in both annualized capital/startup and operation & maintenance costs.
    Changes in the Estimates: There is an adjustment increase in the
respondent burden as currently identified in the OMB Inventory of
Approved Burdens. This increase is not due to any program changes. The
change in the burden and cost estimates occurred because of a change in
assumption. This ICR assumes all sources will have to familiarize
themselves with the regulatory requirements each year. In addition,
this ICR has an increase of one response to account for the initial
performance test notification.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2016-17281 Filed 7-21-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33122-33123]
[FR Doc No: 2018-15239]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0267]
RIN 1625-AA08

Special Local Regulation; Grand Haven Coast Guard Festival
Waterski Show, Grand Haven, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is amending a special local regulation for
certain waters of the Grand River at Waterfront Stadium in Grand Haven,
MI. This action is necessary and is intended to ensure safety of life
on navigable waters to be used for a waterski show. This action will
prohibit persons or vessels from entering certain waters immediately
prior to, during, and immediately after the marine event. This special
local regulation is needed to protect spectators, personnel, vessels,
and the marine environment from potential hazards created by the Grand
Haven Waterski Show.

DATES: This temporary final rule is effective from 7 p.m. through 9
p.m. on July 31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0267 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
temporary rule, call or email marine event coordinator MSTC Kaleena
Carpino, Prevention Department, Coast Guard Sector Lake Michigan,
Milwaukee, WI; telephone<PHONE_NUMBER>, or 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 The Grand Haven Waterski show is an
annual event codified in 33 CFR 100.906. The coordinates listed therein
are not accurate for this year's event, and final details for the event
were not received in time to publish an NPRM. As such, it is
impracticable to publish an NPRM because we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
    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 inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Lake Michigan (COTP) has determined that
the combination of recreational vessels, commercial vessels, and an
unknown number of spectators in close proximity to the waterski show
pose extra and unusual hazards to public safety and property. Specific
hazards include collisions among event participants, collisions between
participants and recreational traffic, and other traffic that may cause
injury or marine casualties. Therefore, the COTP is amending a Special
Local Regulation around the event location to help minimize risks to
safety of life and property to persons, vessels, and the marine
environment during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 7
p.m. until 9 p.m. on July 31, 2018. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and the marine environment.
The special local regulation will cover all navigable waters within the
following coordinates: 43[deg]04'5 N, 086[deg]14'12.4'' W; then east to
43[deg]04'2'' N, 086[deg]14'1'' W; then south to 43[deg]03'45'' N,
086[deg]14'10'' W; then west to 43[deg]03'48'' N, 086[deg]14'17'' W;
then back to the point of origin. No vessel or person will be permitted
to enter the regulated area without obtaining permission from the COTP
or a designated representative.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.
The COTP or his designated on-scene representative may be contacted via
VHF Channel 16, or at<PHONE_NUMBER>.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
The event is in the evening hours, and will last for a maximum of 2
hours. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the special local
regulation, and the rule allows vessels to seek permission to enter the
zone.

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, for the reasons stated in section
V.A above, 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 and Commandant Instruction M16475.1D, 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 2 hours that will prohibit transit of the
Grand River, in Grand Haven, MI in front of the Waterfront Stadium. It
is categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Revise Sec.  100.906 to read as follows:

Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand
Haven, MI.

    (a) Regulated area. All waters of the Grand River in front of
Waterfront Stadium from approximately 500 yards upriver to 150 yards
downriver of Grand River Lighted Buoy 3A (Light list number 19000)
within the following coordinates: 43[deg]04'5 N, 086[deg]14'12.4'' W;
then east to 43[deg]04'2'' N, 086[deg]14'1'' W; then south to
43[deg]03'45'' N, 086[deg]14'10'' W; then west to 43[deg]03'48'' N,
086[deg]14'17'' W; then back to the point of origin (NAD 83).
    (b) Special local regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective date. These regulations are effective and will be
enforced from 7 p.m. through 9 p.m. on July 31, 2018. The time and date
for this event is subject to change. In the event of a schedule change,
the Coast Guard will issue a Notice of Enforcement with the exact date
and time that this regulated area will be enforced.

    Dated: June 8, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2018-15239 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22693-22695]
[FR Doc No: 2019-10307]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1124; Product Identifier 2017-SW-073-AD; Amendment
39-19637; AD 2019-09-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus
Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters.
This AD requires inspecting the jettisoning mechanism of the left-hand
(LH) and right-hand (RH) cabin sliding plug doors. This AD is prompted
by a report that during a scheduled inspection a cabin door failed to
jettison. The actions of this AD are intended to correct an unsafe
condition on these products.

DATES: This AD is effective June 24, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of June 24, 2019.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. You may review the 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 http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1124.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1124; 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 Aviation Safety Agency (EASA) AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
Docket Operations (phone:<PHONE_NUMBER>) is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, 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

    On May 8, 2018, at 83 FR 20751, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 by adding an AD that would apply to Airbus Helicopters Model
AS332C, AS332C1, AS332L, and AS332L1 helicopters, with a cabin sliding
plug door installed in accordance with Airbus Helicopters modification
(MOD) 0722338, except helicopters with a plug door jettison system
installed in accordance with MOD 0725366. The NPRM proposed to require
inspecting the jettisoning mechanism of the LH and RH cabin sliding
plug doors. The proposed requirements were intended to prevent the
cabin sliding door from failing to jettison, which could prevent
helicopter occupants from evacuating the helicopter during an
emergency.
    The NPRM was prompted by EASA AD No. 2017-0022, dated February 8,
2017, issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for Airbus
Helicopters (previously Eurocopter) Model AS332C, AS332C1, AS332L, and
AS332L1 helicopters equipped with a cabin sliding plug door modified in
accordance with MOD 0722338. Helicopters with Eurocopter MOD 0725366
are exempt from the EASA AD's requirements.
    EASA advises that the emergency jettison test of a cabin lateral
sliding plug door failed during a scheduled inspection and test of the
door's jettison mechanism. According to EASA, an investigation revealed
that the jettison handle cable interfered with the cable clamps. EASA
states that this condition could lead to jamming of the door
jettisoning mechanism, preventing jettisoning of the affected door
during an emergency, possibly obstructing evacuation of the occupants.
The EASA AD consequently requires repetitive inspections of the
jettisoning mechanism of the LH and RH door, followed by corrective
actions if needed.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM.

FAA's Determination

    Theses helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to our bilateral agreement
with the European Union, EASA has notified us of the unsafe condition
described in the EASA AD. We are issuing this AD because we evaluated
all information provided by EASA and determined the unsafe condition
exists and is likely to exist or develop on other helicopters of these
same type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    The EASA AD requires that the initial inspection occur during the
next jettisoning test of the doors or within 110 flight hours,
whichever occurs first, and thereafter during certain maintenance
tasks. This AD requires a one-time inspection within 110 hours TIS or
prior to flying over water.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin No. AS332-
52.00.56, Revision 0, dated January 30, 2017, which specifies pulling
on the inner jettison handle to determine whether the cables come into
contact with the cable clamps. If there is contact, this service
information specifies changing the position of the cable clamps to
prevent interference.
    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.

Other Related Service Information

    We also reviewed Eurocopter Service Bulletin No. 332-52.00.28,
Revision 1, dated April 29, 1998, which contains procedures to improve
the door jettison system. Eurocopter identifies compliance with this
service information as MOD 0725366.

Costs of Compliance

    We estimate that this AD affects 19 helicopters of U.S. Registry
and that labor costs average $85 per work-hour. Based on these
estimates, we expect that inspecting the jettisoning mechanism and
changing the orientation of the cable clamps, if necessary, requires 4
work-hours. No parts are required for a total cost of $340 per
helicopter and $6,460 for the U.S. fleet.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

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

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):

2019-09-03 Airbus Helicopters: Amendment 39-19637; Docket No. FAA-
2017-1124; Product Identifier 2017-SW-073-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1,
AS332L, and AS332L1 helicopters, certificated in any category, with
a cabin sliding plug door installed in accordance with Airbus
Helicopters modification (MOD) 0722338, except helicopters with a
plug door jettison system installed in accordance with MOD 0725366.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a cabin
sliding door to jettison, which could prevent helicopter occupants
from evacuating the helicopter during an emergency.

(c) Effective Date

    This AD becomes effective June 24, 2019.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 110 hours time-in-service (TIS) or before the next
operation over water, whichever occurs first, inspect the
jettisoning mechanism of the left-hand and right-hand cabin doors
for correct operation:
    (1) Pull the jettisoning handle and determine whether the cable
clamp contacts the top or bottom horizontal cables, using as a
reference the photographs under paragraph 3.B.2 of Airbus
Helicopters Alert Service Bulletin ASB No. AS332-52.00.56, Revision
0, dated January 30, 2017 (ASB).
    (2) If there is contact between a cable clamp and a horizontal
cable, before further flight, install both cable clamps as depicted
in the bottom photograph under paragraph 3.B.2 of the ASB.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, 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, we suggest that you
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.

(g) Additional Information

    (1) Eurocopter Service Bulletin No. 332-52.00.28, Revision 1,
dated April 29, 1998, which is not incorporated by reference,
contains additional information about the subject of this AD. For
service information identified in this AD, contact Airbus
Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.
You may review the referenced service information at the FAA, Office
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2017-0022, dated February 8, 2017. You
may view the EASA AD on the internet at http://www.regulations.gov
in Docket No. FAA-2017-1124.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5200, Doors.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin ASB No. AS332-
52.00.56, Revision 0, dated January 30, 2017.
    (ii) [Reserved]
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 1, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2019-10307 Filed 5-17-19; 8:45 am]
 BILLING CODE 4910-13-P