[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Proposed Rules]
[Pages 64244-64245]
[FR Doc No: 2019-25167]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0552; FRL-10002-38-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Negative Declaration for the Oil and Gas Control
Techniques Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
District of Columbia. This revision pertains to a negative declaration
for the October 2016 Oil and Natural Gas Control Techniques Guideline
(CTG) (2016 Oil and Gas CTG). This action is being taken under the
Clean Air Act (CAA).

DATES: Written comments must be received on or before December 23,
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0552 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 27, 2016, EPA published in the Federal Register the
``Release of Final Control Techniques Guidelines for the Oil and
Natural Gas Industry.'' See 81 FR 74798. The CTG provided information
to state, local, and tribal air agencies to assist them in determining
reasonably available control technology (RACT) for volatile organic
compounds (VOC) emissions from select oil and natural gas industry
emission sources. CAA section 182(b)(2)(A) requires that for ozone
nonattainment areas classified as Moderate, states must revise their
SIPs to include provisions to implement RACT for each category of VOC
sources covered by a CTG document issued between November 15, 1990, and
the date of attainment. CAA section 184(b)(1)(B) extends this
requirement to states in the Ozone Transport Region (OTR). States are
required to adopt RACT controls that are at least as stringent as those
found within the CTG. If no sources are found within the jurisdiction
of the states, the state may submit as a SIP revision a negative
declaration stating that there are no applicable sources in the state.

II. Summary of SIP Revision and EPA Analysis

    On July 17, 2019, the District of Columbia's Department of Energy
and Environment (DOEE), on behalf of the District of Columbia,
submitted a revision to its SIP concerning a negative declaration for
the 2016 Oil and Gas CTG. In its submittal, DOEE conducted a search of
its sources to determine if the District has any sources that fall
within the applicability of the 2016 Oil and Gas CTG. DOEE reviewed the
following sources of information: DOEE's Air Quality Division's
permitting database for potential sources subject to the 2016 Oil and
Gas

CTG, the Energy Information Administration's data regarding natural gas
pipelines and areas of oil and gas development, the Department of
Homeland Security's database of critical infrastructure which includes
natural gas compressor stations, the District's Department of Consumer
and Regulatory Affairs database which would include a basic business
license for broad categories of businesses, and the District's point
and area source inventory. Within each database or system reviewed, the
District found no sources subject to the 2016 Oil and Gas CTG. After
completing this search, the District has declared that no sources
subject to the 2016 Oil and Gas CTG exist within the District.

III. Proposed Action

    EPA is proposing to approve the District's SIP revision concerning
the negative declaration for the 2016 Oil and Gas CTG, which was
submitted on July 17, 2019. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, addressing the District's negative
declaration for the 2016 Oil and Gas CTG, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 28, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-25167 Filed 11-20-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Rules and Regulations]
[Pages 19127-19129]
[FR Doc No: 2021-07481]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1077; Project Identifier 2016-SW-070-AD; Amendment
39-21493; AD 2021-07-16]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AB412 helicopters. This AD was prompted
by a cracked spiral bevel gear. This AD requires a one-time visual
inspection and a recurring fluorescent magnetic particle inspection
(FMPI) of affected spiral bevel gears for a crack, and depending on the
inspection results, removing the spiral bevel gear from service. This
AD also prohibits installing an affected spiral bevel gear unless it
has recently passed an FMPI. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective April 28, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of April 28, 2021.
    The FAA must receive comments on this AD by May 28, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service information
at the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1077.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2017-1077; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
European Aviation Safety Agency (now European Union Aviation Safety
Agency) (EASA) AD, any comments received, and other information. The
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer,
Dynamic Systems Section, Technical Innovation Policy Branch, Policy &
Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2016-0166-E, dated August 12, 2016
and corrected October 4, 2017 (EASA AD 2016-0166-E), to correct an
unsafe condition for Leonardo S.p.A. (formerly AgustaWestland S.p.A.,
Agusta S.p.A., Costruzioni Aeronautiche Giovanni Agusta) Model AB204B,
AB205A1, and AB212 helicopters, all serial numbers (S/Ns), and AB412
helicopters all S/Ns up to S/N 25669 inclusive. EASA advises that a
crack was found in a spiral bevel gear part number (P/N) 204-040-701-
103 during a scheduled inspection of a main rotor (M/R) transmission P/
N 212-040-001-59. The initial investigation determined that the crack
originated from the bottom of one of the 32 threaded holes. EASA
further advises that other spiral bevel gears manufactured with the
same process as the defective one could be affected by the same issue.
This condition, if not addressed, could lead to failure of the M/R
transmission and possible loss of control of the helicopter.
    Accordingly, EASA AD 2016-0166-E requires a one-time visual
inspection and a recurring FMPI of certain serial-numbered spiral bevel
gears P/N 204-040-701-103 for a crack, and if there is a crack,
replacing the spiral bevel gear or the M/R transmission. EASA AD 2016-
0166-E also prohibits installing an affected spiral bevel gear unless
it is a serviceable part. EASA considers its AD an interim action and
states that further AD action may follow.

FAA's Determination

    This model helicopter has been approved by EASA and is approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all known relevant information and determining that the
unsafe condition described previously is likely to exist or develop on
other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Finmeccanica Helicopter Division (FHD) Alert
Bollettino Tecnico No. 412-146, Revision A, dated July 7, 2016. This
service information specifies procedures for a one-time visual
inspection of the spiral bevel gear by marking one tooth of the spiral
bevel gear with white chalk (or equivalent), and with the aid of a
light source, rotating the tail rotor blades, and visually inspecting
the teeth of the spiral bevel gear for a crack. This service
information also specifies procedures for a recurring FMPI of the
spiral bevel gear for a crack. If there is a crack, this service
information

specifies removing the spiral bevel gear from service and reporting
findings to FHD Product Support Engineering.
    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.

AD Requirements

    This AD requires a one-time visual inspection and a recurring FMPI
of certain serial-numbered spiral bevel gears P/N 204-040-701-103 for a
crack, and if there is a crack, removing the spiral bevel gear from
service. This AD also prohibits installing an affected spiral bevel
gear unless it has previously passed an FMPI within less than 300 hours
time-in-service.

Differences Between This AD and the EASA AD

    EASA AD 2016-0166-E applies to Model AB204B, AB205A1, and AB212
helicopters, whereas this AD does not because those model helicopters
are not FAA type-certificated. EASA AD 2016-0166-E applies to certain
serial-numbered helicopters, whereas this AD applies to certain serial-
numbered helicopters with certain serial-numbered spiral bevel gears P/
N 204-040-701-103 installed instead. EASA AD 2016-0166-E also includes
a compliance time of before the spiral bevel gear accumulates 1,200
flight hours since first installation on a helicopter, whereas this AD
does not.

Interim Action

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

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause. There are no helicopters with this type
certificate on the U.S. Registry. Accordingly, notice and opportunity
for prior public comment are unnecessary, pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, for the foregoing reason(s), the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d) for making this amendment
effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2017-1077; Project Identifier 2016-
SW-070-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Rao
Edupuganti, Aerospace Engineer, Dynamic Systems Section, Technical
Innovation Policy Branch, Policy & Innovation Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Regulatory Flexibility Act

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

Costs of Compliance

    There are no costs of compliance with this AD because there are no
helicopters with this type certificate on the U.S. Registry.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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:

2021-07-16 Leonardo S.p.a.: Amendment 39-21493; Docket No. FAA-2017-
1077; Project Identifier 2016-SW-070-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective April 28, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 helicopters,
certificated in any category, with a serial number up to 25669
inclusive, with a spiral bevel gear part number 204-040-701-103 with
a serial number identified in Table 1 of Finmeccanica Helicopter
Division Alert Bollettino Tecnico No. 412-146, Revision A, dated
July 7, 2016 (Alert BT 412-146 Rev A).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor
Drive System.

(e) Unsafe Condition

    This AD was prompted by a cracked spiral bevel gear. The FAA is
issuing this AD to prevent failure of the main rotor transmission.
The unsafe condition, if not addressed, could result in loss of
control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 10 hours time-in-service (TIS) after the effective
date of this AD:
    (i) Visually inspect the spiral bevel gear teeth for a crack by
following the Accomplishment Instructions, part I, paragraphs 9. and
10., of Alert BT 412-146 Rev A.
    (ii) If there is a crack, before further flight, remove the
spiral bevel gear from service.
    (iii) If there is not a crack, within 100 hours TIS following
paragraph (g)(1)(i) of this AD and thereafter at intervals not to
exceed 300 hours TIS, fluorescent magnetic particle inspect the
spiral bevel gear for a crack by following the Accomplishment
Instructions, part II, paragraph 3., of Alert BT 412-146 Rev A. If
there is a crack, before further flight, remove the spiral bevel
gear from service.
    (2) As of the effective date of this AD, do not install a spiral
bevel gear that is identified in paragraph (c) of this AD unless the
actions required by paragraph (g)(1)(iii) have been previously
accomplished within less than 300 hours TIS.

(h) Alternative Methods of Compliance (AMOCs)

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

(i) Related Information

    (1) For more information about this AD, contact Rao Edupuganti,
Aerospace Engineer, Dynamic Systems Section, Technical Innovation
Policy Branch, Policy & Innovation Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2016-0166-E, dated August 12, 2016 and corrected October 4, 2017.
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2017-1077.

(j) 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) Finmeccanica Helicopter Division Alert Bollettino Tecnico
No. 412-146, Revision A, dated July 7, 2016.
    (ii) [Reserved]
    (3) For Finmeccanica Helicopter Division service information
identified in this AD, contact Leonardo S.p.A. Helicopters, Emanuele
Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di
Samarate (Va) Italy; telephone +39-0331-225074; fax +39-0331-229046;
or at https://www.leonardocompany.com/en/home.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07481 Filed 4-12-21; 8:45 am]
BILLING CODE 4910-13-P


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

General Comment:I finally gave up tobacco after 40 years of smoking.  My driving force was the high cost due to excessive government taxation.  I didn't quit cold turkey though.  It took about a week to change from cigarettes to ecigarettes.  I have been using ecigs for going on 9 months now, decreasing the nicotine level until now I am at the lowest amount.  It's been a savings for me of over $100 a month.  I feel that the FDA needs to get more testimonials in order to evaluate what your next steps should or should not be.  Please extend your comment period for at least another 180 days.


MEMORANDUM

DATE:  7/29/15

FROM:  Ken Mitchell/EPA Region 4

TO:   Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

SUBJECT:  Discussion of the Clean Power Plan at the Kentucky Environmental Conference

SUMMARY:         REGION 4 PROVIDED INFORMATION ON THE CLEAN POWER PLAN to participants at the KY Environmental Conference in Lexington, KY, February 11, on 2015.  The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.   ATTENDEES:

EPA Heather McTeer Toney/EPA Region 4 Allison Wise/EPA Region 4

External Stakeholders Approximately 80 attendees.


Janet Cakir/RTP/USEPA/US

03/13/2008 03:22 PM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Tricia Crabtree/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA

Subject

Final set of electronic files for the March 2008 Ozone NAAQS RIA

Copy of initial message....

Lydia,

    I am pleased to provide to you in this, and the following emails, a final set of electronic files for the March 2008 Ozone NAAQS Final RIA.  Within these files is the Regulatory Impact Analysis performed by the Air Benefit and Cost Group to support 2008 Ozone NAAQS Review.

Thank you,

Janet Cakir

_______________________________________

Janet F. Cakir, Ph.D.

Environmental Protection Specialist

Air Benefits Cost Group

109 TW Alexander Dr., (C439-02)

Research Triangle Park, NC 27711

Tel:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

email<EMAIL_ADDRESS>


[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60269-60271]
[FR Doc No: 2017-27315]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0108]

Hours of Service of Drivers of Commercial Motor Vehicles:
Proposed Regulatory Guidance Concerning the Use of a Commercial Motor
Vehicle for Personal Conveyance

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of regulatory guidance; request for comments.

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

SUMMARY: FMCSA is proposing to revise the regulatory guidance
concerning driving a commercial motor vehicle (CMV) for personal use
while off-duty, referred to as ``personal conveyance.'' This provision
is available to all CMV drivers required to record their hours of
service (HOS) who are permitted by their employer to use the vehicle
for personal use. The Agency requests public comments on the guidance
and its economic impact.

DATES: Comments are due by January 18, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2017-0108 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.

    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgement page that appears after
submitting comments on-line.
    Privacy Act: DOT solicits comments from the public to better inform
its guidance process. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this notice
contact Ms. LaTonya Mimms, Transportation Specialist, Enforcement
Division, FMCSA. Ms. Mimms may be reached at<PHONE_NUMBER> and by email
at [email protected]. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0108), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so the Agency can contact you if it has questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number, ``FMCSA-2017-0108'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.
    FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number, ``FMCSA-2017-0108'' in the ``Keyword'' box
and click ``Search.'' Next, click ``Open Docket Folder'' button and
choose the document listed to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

II. Background

    Currently, the Federal Motor Carrier Safety Regulations (FMCSRs)
require drivers to document their HOS on records of duty status (RODS),
identifying one of four duty status options: On-duty (non-driving),
driving, sleeper berth, and off-duty (49 CFR 395.8). As a result, when
personal conveyance in a CMV is authorized by the motor carrier,
drivers are required to document such use as off-duty on their RODS,
irrespective of the method used to record the driver's HOS (e.g., paper
logs, automatic on-board recording device, electronic logging devices
(ELDs), etc.)
    The minimum performance and design standards for ELDs in the
Agency's final rule on ``Implementation of Electronic Logging Devices
and Hours of Service Supporting Documents'' (ELD rule) include the
automatic recording of data related to the off-duty movement of the
CMV. As part of the ELD rule, ELD manufacturers are required to include
a special driving category for personal conveyance. This may be used at
the motor carrier's discretion, based on their operations. In addition,
motor carriers may grant drivers authority to operate a CMV under
personal conveyance without preconfiguring the ELD with the personal
conveyance special driving category.
    The existing guidance on personal conveyance (49 CFR 395.8,
Question 26) was issued by the Federal Highway Administration (FHWA),
FMCSA's predecessor agency, in a memorandum dated November 18, 1996,
and later published in a compilation of guidance (62 FR 16370, 16426,
April 4, 1997). The guidance reiterated the basic principle that a
driver in off-duty status must be relieved from work and all
responsibility for performing work. It highlighted the use of the CMV
as a personal conveyance in traveling to and from the place of
employment (e.g., the normal work reporting location). The 1997
guidance included discussion of CMVs used to travel ``short distances''
from a driver's en route lodgings to restaurants in the vicinity of
such lodgings. In addition, the 1997 guidance explicitly excluded the
use of laden vehicles as personal conveyance and the operation of the
CMV as personal conveyance by drivers who have been placed out of
service for HOS violations. The guidance has remained unchanged since
1997.
    In issuing today's proposed revision to the guidance, the Agency
focuses on the reason the driver is operating a CMV while off duty,
without regard to whether the CMV is or is not laden. The previous
guidance, which required the CMV to be unladen, was written for
combination vehicles, where the driver could readily detach the trailer
and use the unladen tractor for personal conveyance. This
interpretation had the inadvertent effect of not allowing drivers of
single-unit work trucks that carry loads, as well as tools of trade and
related materials, on the power unit to document this off-duty time on
the RODS. In the absence of a trailer, these loads, tools, and other
equipment cannot reasonably be offloaded, left unattended, and reloaded
after the power unit has been used for personal conveyance. This
proposed revisision to the guidance eliminates the requirement that the
CMV be unladen and thus the disparate impact created by the previous
guidance.
    FMCSA's regulatory guidance for the FMCSRs is currently available
on the Agency's website at https://www.fmcsa.dot.gov/regulations.

Question 26 under section 49 CFR 395.8 currently reads as follows:

    Question 26: If a driver is permitted to use a Commercial Motor
Vehicle (CMV) for personal reasons, how must the driving time be
recorded?
    Guidance: When a driver is relieved from work and all
responsibility for performing work, time spent traveling from a
driver's home to his/her terminal (normal work reporting location),
or from a driver's terminal to his/her home, may be considered off-
duty time. Similarly, time spent traveling short distances from a
driver's en route lodgings (such as en route terminals or motels) to
restaurants in the vicinity of such lodgings may be considered off-
duty time. The type of conveyance used from the terminal to the
driver's home, from the driver's home to the terminal, or to
restaurants in the vicinity of en route lodgings would not alter the
situation unless the vehicle is laden. A driver may not operate a
laden CMV as a personal conveyance. The driver who uses a motor
carrier's Commercial Motor Vehicle (CMV) for transportation home,
and is subsequently called by the employing carrier and is then
dispatched from home, would be on-duty from the time the driver
leaves home. A driver placed out of service for exceeding the
requirements of the hours of service regulations may not drive a
Commercial Motor Vehicle (CMV) to any location to obtain rest.

III. Proposed Guidance Language

    FMCSA proposes to replace the above interpretation with the
following revised Question 26 and seeks comments on this guidance.
FMCSA also seeks public comments and information on other appropriate
uses of a CMV while off-duty for personal conveyance, as well as the
economic impacts of the proposal. FMCSA proposes to update the guidance
for Sec.  395.8 Driver's Record of Duty Status to read as follows:
    Question 26: Under what circumstances may a driver operate a
commercial motor vehicle (CMV) as a personal conveyance?
    Guidance: A driver may record time operating a CMV for personal
conveyance (i.e., for personal use or reasons) as off-duty only when
the driver is relieved from work and all responsibility for performing
work.
    (a) Examples of appropriate uses of a CMV while off-duty for
personal conveyance include, but are not limited to:
    1. Time spent traveling from a driver's en route lodging (such as a
motel or truck stop) to restaurants and entertainment facilities and
back to the lodging.
    2. Commuting from the last location where on-duty activity occurred
to the driver's permanent residence and back to that last on-duty
location. This would include commuting between the driver's terminal
and his or her residence, between trailer-drop lots and the driver's
residence, and between work sites and his or her residence.
    (b) Examples of uses of a CMV that would not qualify as personal
conveyance include, but are not limited to, the following:
    1. The movement of a CMV to enhance the operational readiness of a
motor carrier. For example, moving the CMV closer to its next loading
or unloading point or other motor carrier-scheduled destination,
regardless of other factors.
    2. After delivering a towed unit, and the towing unit no longer
meets the definition of a CMV, the driver returns to the point of
origin under the direction of the motor carrier in order to pick up
another towed unit.
    3. Continuation of a CMV trip in interstate commerce, even after
the vehicle is unloaded. In this scenario, on-duty time does not end
until the driver reaches a location designated or authorized by the
carrier for parking or storage of the CMV, such as a permanent
residence, authorized lodging, or home terminal.
    4. Bobtailing or operating with an empty trailer to retrieve
another load.
    5. Repositioning a CMV and or trailer at the direction of the motor
carrier.
    The CMV may be used for personal conveyance even if it is laden,
since the load is not being transported for the commercial benefit of
the carrier at that time.

IV. Expiration Date of the Proposed Regulatory Guidance

    In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94, 129
Stat. 1312, 1535 (Dec. 4, 2015), the proposed regulatory guidance would
be posted on FMCSA's website, www.fmcsa.dot.gov, if finalized. It would
be reviewed by the Agency no later than December 19, 2022. The Agency
would consider at that time whether the guidance should be withdrawn,
reissued for another period up to five years, or incorporated into the
safety regulations.

V. Request for Comments

    Refer to the ADDRESSES section above for instructions on submitting
comments to the public docket concerning this regulatory guidance. The
FMCSA will consider comments received by the closing date of the
comment period to determine whether any further clarification of these
regulatory provisions is necessary. In addition to general comments
concerning the guidance, the Agency is seeking information on the
following:
    1. Which carriers or drivers would take advantage of the additional
flexibilities proposed in this guidance?
    2. Are there particular segments of the industry that would take
advantage of this change more than others?
    3. Are there some carriers or segments of the industry that would
prohibit their drivers from driving laden vehicles for personal
conveyance?
    4. For what reasons would a carrier prohibit drivers from driving a
laden vehicle for personal conveyance?
    5. What benefits would the new flexibilities provide to carriers
and drivers?

    Issued on: December 13, 2017.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2017-27315 Filed 12-18-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: July 23, 2009 (Volume 74, Number 140)]
[Notices]
[Page 36484]
[DOCID:fr23jy09-35]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Ferc Staff Attendance at Southwest Power Pool
Independent Coordinator of Transmission (ICT)--Entergy Transmission
Summit and Technical Conference Regarding the ICT Construction and Base
Plans

July 16, 2009.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings noted below. Their
attendance is part of the Commission's ongoing outreach efforts.

Technical Conference Regarding the ICT Construction and Base Plans and
the Annual ICT--Entergy Transmission Summit

    August 11, 2009 (8 a.m.-5 p.m.),
    Astor Crowne Plaza Hotel,
    739 Canal Street,
    New Orleans, LA 70130,
<PHONE_NUMBER>.
    The discussions may address matters at issue in the following
proceedings:
    Docket No. OA07-32 Entergy Services, Inc.
    Docket No. OA08-59 Entergy Services, Inc.
    Docket No. OA08-61 Entergy Services, Inc.
    Docket No. OA08-75 Entergy Services, Inc.
    Docket No. OA08-92 Entergy Services, Inc.
    Docket No. OA08-149 Entergy Services, Inc.
    Docket No. EL00-66 Louisiana Public Service Commission v. Entergy
Services, Inc.
    Docket No. EL01-88 Louisiana Public Service Commission v. Entergy
Services, Inc.
    Docket No. EL05-15 Arkansas Electric Cooperative Corp. v. Entergy
Arkansas, Inc.
    Docket No. EL07-52 Louisiana Public Service Commission v. Entergy
Services, Inc.
    Docket No. EL08-59 ConocoPhillips v. Entergy Services, Inc.
    Docket No. EL08-60 Union Electric v. Entergy Services, Inc.
    Docket No. EL09-35 Cottonwood Energy LLP v. Entergy Services, Inc.
    Docket No. EL09-43 Arkansas Public Service Commission v. Entergy
Services, Inc.
    Docket No. EL09-61 Louisiana Public Service Commission v. Entergy
Services, Inc.
    Docket No. ER03-583 Entergy Services, Inc.
    Docket No. ER05-1065 Entergy Services, Inc.
    Docket No. ER07-682 Entergy Services, Inc.
    Docket No. ER07-956 Entergy Services, Inc.
    Docket No. ER08-515 Entergy Services, Inc.
    Docket No. ER08-767 Entergy Services, Inc.
    Docket No. ER08-1057 Entergy Services, Inc.
    Docket No. ER09-636 Entergy Services, Inc.
    Docket No. ER09-659 Entergy Services, Inc.
    Docket No. ER09-833 Entergy Services, Inc.
    Docket No. ER09-877 Entergy Services, Inc.
    Docket No. ER09-878 Entergy Services, Inc.
    Docket No. ER09-882 Entergy Services, Inc.
    Docket No. ER09-985 Entergy Services, Inc.
    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E9-17503 Filed 7-22-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Notices]
[Page 59738]
[DOCID:fr13oc05-70]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-694-000]

ANR Pipeline Company; Notice of Tariff Filing

October 5, 2005.

    Take notice that on September 30, 2005, ANR Pipeline Company (ANR)
tendered for filing as part of its FERC Gas Tariff, Second Revised
Volume No. 1, Eighth Revised Sheet No. 69, to become effective on
November 1, 2005.
    ANR states that the purpose of this filing is to provide FSS
shippers who have elected to include the applicable language in their
contracts with additional flexibility in adjusting their contracts when
ANR makes annual changes to its Fuel Use Percentages.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5633 Filed 10-12-05; 8:45 am]

BILLING CODE 6717-01-P