[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14241-14244]
[FR Doc No: 2021-05253]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0903; Project Identifier AD-2020-00957-T;
Amendment 39-21454; AD 2021-05-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-26-
10, which applied to certain The Boeing Company Model 757 airplanes. AD
2017-26-10 required deactivating the spoiler control module (SCM)
relays and capping and stowing the associated wiring on certain
airplanes. This AD requires repetitive operational tests of the spoiler
inhibit function. For certain airplanes, this AD requires installing a
new relay bracket assembly, making changes to the wire bundles for
certain SCMs, installing new SCMs, measuring the clearance between a
wire bundle and the top of the new relay bracket assembly, and
applicable on-condition actions. For a certain other airplane, this AD
requires changing certain wire bundles. This AD was prompted by reports
of unwanted lateral oscillations during landing operations, and the
development of wiring changes for certain SCMs, which will improve the
lateral handling qualities of the airplane during approach and landing.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective April 19, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 19,
2021.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. 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-2020-0903.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0903; 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, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Katherine Venegas, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5353; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-26-10, Amendment 39-19141 (82 FR
61675, December 29, 2017) (AD 2017-26-10). AD 2017-26-10 applied to
certain The Boeing Company Model 757 airplanes. The NPRM published in
the Federal Register on October 13, 2020 (85 FR 64419). The NPRM was
prompted by reports of unwanted lateral oscillations during landing
operations, and the development of wiring changes for certain SCMs,
which will improve the lateral handling qualities of the airplane
during approach and landing. The NPRM proposed to require repetitive
operational tests of the spoiler inhibit function. For certain
airplanes, the NPRM proposed to require installing a new relay bracket
assembly, making changes to the wire bundles for certain SCMs,
installing new SCMs, measuring the clearance between a wire bundle and
the top of the new relay bracket assembly, and applicable on-condition
actions. For a certain other airplane, the NPRM proposed to require
changing certain wire bundles. The FAA is issuing this AD to address
unwanted lateral oscillations during landing operations, which could
cause over-control of the airplane and subsequent lateral pilot induced
oscillation, which could affect continued safe flight and landing.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    An anonymous commenter, FedEx Express, and United Airlines (UAL)
stated their support for the NPRM. An additional comment from UAL is
addressed below.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST01518SE does not affect the
accomplishment of the proposed actions.
    The FAA agrees with the commenter that STC ST01518SE does not
affect the ability to accomplish the actions required by this AD. The
FAA has not changed this AD in this regard.

Request To Revise Certain Language in the NPRM

    Boeing requested that the FAA revise certain language in the NPRM.
Boeing stated that in the Discussion section of the NPRM, it suggested
to revise the last sentence as follows: ``The FAA issued AD 2017-26-10
to address a failure condition that can cause uncommanded spoiler
movement resulting in loss of controllability of the airplane.'' Boeing
commented that the change is justified based on the original safety
determination of Continued Operational Safety Program (COSP) 2017-0373.
    Boeing also stated that in the Actions Since AD 2017-26-10 Was
Issued section of the NPRM, it suggested that the FAA add the following
sentence: ``This change provides the equivalent lateral handling
quality improvements during approach and landing as AD 2015-08-01, but
with a new design implementation.'' Boeing commented that the change is
justified based on the mitigating design for COSP 2018-0094.
    The FAA acknowledges the commenter's request and agrees the
proposed wording provides clarity and more closely aligns with the COSP
recommendations. However those sections are not carried over into this
final rule. The FAA has not changed this AD in this regard.

Request To Use Later Revisions of the Service Information

    UAL requested that the proposed AD be revised to allow for the use
of later revisions of the service information in either paragraph (g)
of the proposed AD (Required Actions) or in paragraph (h) of the
proposed AD (Exceptions to Service Information Specifications).
    The FAA disagrees with the commenter's request. The FAA may not in
an AD refer to any document that does not yet exist. In general terms,
the FAA is required by Office of the Federal Register (OFR) regulations
for approval of materials incorporated by reference, as specified in 1
CFR 51.1(f), to either publish the service document contents as part of
the actual AD language; or submit the service document to the OFR for
approval as referenced material, in which case the FAA may only refer
to such material in the text of an AD. The AD may refer to the service
document only if the OFR approved it for incorporation by reference.
See 1 CFR part 51.
    To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either the FAA must
revise the AD to reference specific later revisions, or operators must
request approval to use later revisions as an alternative method of
compliance with this AD under the provisions of paragraph (j) of this
AD.

Clarification of Steps in the Service Information

    Boeing contacted the FAA and stated that there is an error in
Boeing Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020,
and that the service information would be revised. Boeing stated that
the reason for the service information revision is that step 2 in the
figure 4 table incorrectly states to drill six holes, while the graphic
in figure 4 accurately shows to only drill two holes.
    The FAA has added paragraph (h)(2) of this AD to state, ``Where
Boeing Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020,
specifies in figure 4 (sheet 3 of 3), step 2, to drill a quantity of
six holes, this AD requires drilling two holes.'' The FAA has also
moved the content of paragraph (h) of the proposed AD to paragraph
(h)(1) of this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this AD with the changes described previously, and
minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-27A0158 RB,
dated July 9, 2020. This service information describes procedures for
installing a new relay bracket assembly, making changes to the wire
bundles for the SCMs, installing new SCMs, measuring the clearance
between a wire bundle and the top of new relay bracket assembly,
changing certain wire bundles, repetitive operational tests of the
spoiler inhibit function, and applicable on-condition actions. On-
condition actions include installing a new protective sleeve, heat
shrinkable to the wire bundle, doing a landing configurations warning
module landing flap tests, and doing a system test for the SCMs. 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.

Costs of Compliance

    The FAA estimates that this AD affects 626 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Installations, measurement, and   105 work-hours x    Up to $7,230......  Up to $16,155.....  Up to $10,096,875.
 wire bundle changes (groups 1-    $85 per hour =
 22; 625 airplanes).               $8,925.
Wire bundle change (group 23; 1   9 work-hours x $85  $160..............  $925..............  $925.
 airplane).                        per hour = $765.
Operational test (all groups;     5 work-hours x $85  $0................  $425 per test       $266,050 per test
 626 airplanes).                   per hour = $425                         cycle.              cycle.
                                   per test cycle.
----------------------------------------------------------------------------------------------------------------

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

                                      Estimated Costs of On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation and testing......................  8 work-hour x $85 per hour =                 * $            $840
                                                 $680.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on the parts cost for the on-condition installation specified in this
  AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive (AD) 2017-26-10, Amendment 39-19141
(82 FR 61675, December 29, 2017); and
0
b. Adding the following new AD:

2021-05-11 The Boeing Company: Amendment 39-21454 ; Docket No. FAA-
2020-0903; Project Identifier AD-2020-00957-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 19, 2021.

(b) Affected ADs

    This AD replaces AD 2017-26-10, Amendment 39-19141 (82 FR 61675,
December 29, 2017).

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200PF, -
200CB, and -300 series airplanes, certificated in any category, as
identified in Boeing Alert Requirements Bulletin 757-27A0158 RB,
dated July 9, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Unsafe Condition

    This AD was prompted by reports of unwanted lateral oscillations
during landing operations, and the development of wiring changes for
certain spoiler control modules (SCMs), which will improve the
lateral handling qualities of the airplane during approach and
landing. The FAA is issuing this AD to address unwanted lateral
oscillations during landing operations, which could cause over-
control of the airplane and subsequent lateral pilot induced
oscillation, which could affect continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-27A0158 RB, dated July 9, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
757-27A0158, dated July 9, 2020, which is referred to in Boeing
Alert Requirements Bulletin 757-27A0158 RB, dated July 9, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 757-27A0158 RB,
dated July 9, 2020, uses the phrase ``the original issue date of the
Requirements Bulletin 757-27A0158 RB,'' this AD requires using ``the
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-27A0158 RB,
dated July 9, 2020, specifies in figure 4 (sheet 3 of 3), step 2, to
drill a quantity of six holes, this AD requires drilling two holes.

(i) Minimum Equipment List (MEL)

    In the event that the spoiler inhibit function (SIF) system as
modified by this AD is inoperable, an airplane may be operated as
specified in the operator's existing FAA-approved MEL, provided the
operator's existing FAA-approved MEL includes provisions that
address the modified SIF system.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 responsible Flight Standards
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(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 responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

    (4) AMOCs approved previously for AD 2017-26-10 are approved as
AMOCs for the corresponding provisions of this AD.

(k) Related Information

    (1) For more information about this AD, contact Katherine
Venegas, Aerospace Engineer, Cabin Safety and Environmental Systems
Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 757-27A0158 RB, dated
July 9, 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. 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 February 21, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-05253 Filed 3-12-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Notices]
[Pages 35897-35899]
[FR Doc No: 2011-15142]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0264]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Request for
Designation as Country Not Subject to the Restrictions Applicable to
Human Food and Cosmetics Manufactured From, Processed With, or
Otherwise Containing, Material From Cattle

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July
20, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs,

OMB, Attn: FDA Desk Officer, Fax:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All comments should be identified with the OMB
control number 0910-0623. Also include the FDA docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Request for Designation as Country Not Subject to the Restrictions
Applicable to Human Food and Cosmetics Manufactured From, Processed
With, or Otherwise Containing, Material From Cattle--(OMB Control
Number 0910-0623)--Extension

    Section 801(a) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 381(a)) provides requirements with regard to
imported food and cosmetics and provides for refusal of admission into
the United States of human food and cosmetics that appear to be
adulterated. Section 701(b) of the FD&C Act (21 U.S.C. 371(b))
authorizes the Secretaries of Treasury and Health and Human Services to
jointly prescribe regulations for the efficient enforcement of section
801 of the FD&C Act. To address the potential risk of bovine spongiform
encephalopathy (BSE) in human food and cosmetics, FDA regulations in
Sec. Sec.  189.5 and 700.27 (21 CFR 189.5 and 700.27) designate certain
materials from cattle as ``prohibited cattle materials,'' including
specified risk materials, the small intestine of cattle not otherwise
excluded from being a prohibited cattle material, material from
nonambulatory disabled cattle, and mechanically separated (MS)(Beef).
Under the regulations, no human food or cosmetic may be manufactured
from, processed with, or otherwise contain prohibited cattle materials.
However, the Agency may designate a country from which cattle materials
inspected and passed for human consumption are not considered
prohibited cattle materials and their use does not render a human food
or cosmetic adulterated.
    Sections 189.5(e) and 700.27(e) provide that a country seeking to
be so designated must send a written request to the Director, Center
for Food Safety and Applied Nutrition (CFSAN). The information the
country is required to submit includes information about a country's
BSE case history, risk factors, measures to prevent the introduction
and transmission of BSE, and other information relevant to determining
whether specified risk materials, the small intestine of cattle not
otherwise excluded from being a prohibited cattle material, material
from nonambulatory disabled cattle, or MS(Beef) from the country
seeking designation should be considered prohibited cattle materials.
FDA uses the information to determine whether to grant a request for
designation, and whether to impose conditions if a request is granted.
    Sections 189.5 and 700.27 further state that countries that have
been designated under 189.5(e) and 700.27(e) will be subject to future
review by FDA to determine whether designation remains appropriate. As
part of this process, FDA may ask designated countries to confirm that
their BSE situation and the information submitted by them in support of
their original application remain unchanged. FDA may revoke a country's
designation if FDA determines that it is no longer appropriate.
Therefore, designated countries may respond to periodic requests by FDA
by submitting information to confirm that their designation remains
appropriate. FDA uses the information to ensure that their designation
remains appropriate.
    This estimate is based on FDA's experience and the average number
of requests for designation under 189.5 and 700.27 received in the past
3 years. FDA received 1 request for designation in 2009 and 1 in 2010.
Based on this experience, FDA estimates the annual number of new
requests for designation will be one. FDA estimates that preparing the
information required by 189.5 and 700.27 and submitting it to the
Agency in the form of a written request to the Director, CFSAN will
require a burden of approximately 80 hours per request. Thus, the
annual burden for new requests for designation is estimated to be 80
hours, as shown in table 1, row 1 of this document. Under 189.5(e) and
700.27(e), designated countries are subject to future review by FDA and
may respond to periodic requests by FDA by submitting information to
confirm that their designation remains appropriate. In the last 3
years, FDA has not requested any reviews. Thus, the Agency estimates
that one or fewer will occur annually in the future. We estimate that
the designated country undergoing a review in the future will need one
third the time it took preparing its request for designation to respond
to FDA's request for review, or 26 hours (80 hours x 0.33 = 26.4 hours,
rounded to 26). The annual burden for reviews is estimated to be 26
hours, as shown in table 1, row 2 of this document. The total annual
burden for this information collection is estimated to be 106 hours.
    In the Federal Register of April 15, 2011 (76 FR 21378), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                      No. of                          Average
         21 CFR section               No. of       responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
189.5 and 700.27--request for                  1               1               1              80              80
 designation....................
189.5(e) and 700.27(e)--response               1               1               1              26              26
 to request for review by FDA...
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             106
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: June 14, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-15142 Filed 6-17-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1210-1211]
[FR Doc No: 2011-79]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0176; Notice 1]

Mitsubishi Motors North America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance

    Mitsubishi Motors North America, Inc. (Mitsubishi) \1\ has
determined that an unknown number of replacement seat belts that it
imported do not include the installation, usage and maintenance
instructions required by paragraphs S4.1(k) and S4.1(l) of Federal
Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies.
Mitsubishi filed an appropriate report pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports on October 25,
2010.
---------------------------------------------------------------------------

    \1\ Mitsubishi Motors North America, Inc. (Mitsubishi), is
organized under the laws of the state of California. Mitsubishi
manufactures and imports motor vehicles and replacement equipment.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Mitsubishi has petitioned for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Mitsubishi's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Mitsubishi explained that an unknown number of nonconforming seat
belt assemblies were sold by Mitsubishi to its authorized dealers in
the United States for resale and replacement purposes.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance.
    Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 requires:

    (k) Installation instructions. A seat belt assembly, other than
a seat belt assembly installed in a motor vehicle by an automobile
manufacturer, shall be accompanied by an instruction sheet providing
sufficient information for installing the assembly in a motor
vehicle. The installation instructions shall state whether the
assembly is for universal installation or for installation only in
specifically stated motor vehicles, and shall include at least those
items specified in SAE Recommended Practice J800c, ``Motor Vehicle
Seat Belt Installations,'' November 1973. If the assembly is for use
only in specifically stated motor vehicles, the assembly shall
either be permanently and legibly marked or labeled with the
following statement, or the instruction sheet shall include the
following statement:
    This seat belt assembly is for use only in [insert specific
seating position(s), e.g., ``front right''] in [insert specific
vehicle make(s) and model(s)].
    (l) Usage and maintenance instructions. A seat belt assembly or
retractor shall be accompanied by written instructions for the
proper use of the assembly, stressing particularly the importance of
wearing the assembly snugly and properly located on the body, and on
the maintenance [o]f the assembly and periodic inspection of all
components. The instructions shall show the proper manner of
threading webbing in the hardware of seat belt assemblies in which
the webbing is not permanently fastened. Instructions for a
nonlocking retractor shall include a caution that the webbing must
be fully extended from the retractor during use of the seat belt
assembly unless the retractor is attached to the free end of webbing
which is not subjected to any tension during restraint of an
occupant by the assembly. Instructions for Type 2a shoulder belt
shall include a warning that the shoulder belt is not to be used
without a lap belt.

    Mitsubishi described the noncompliance as the failure to provide
installation, use and maintenance instructions with the seat belt
assemblies as required in FMVSS No. 209 S4.1(k) and S4.1(l).
    Mitsubishi argues that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
    (1) The service seat belt assemblies in question are only made
available to Mitsubishi authorized dealerships for their use or
subsequence resale. The Mitsubishi parts ordering system used by
Mitsubishi dealers clearly identifies the correct service seat belt
components for any given model/model year/seat position combination and
the parts are unique to each seat belt and designed to assemble
properly only in their intended application.
    (2) When ordering Mitsubishi replacement seat belt parts, the
dealer must refer to the Mitsubishi parts catalog to identify the
ordering part number with the information on the specific vehicle model
type, location and model year. Each replacement seat belt assembly is
packaged individually with a specific part number label to ensure
shipping the correct parts. Dealers routinely confirm that the part
received matches their order to validate that the correct parts were
received.
    (3) Installation instructions for seat belts are readily available
in the Mitsubishi workshop manuals. Technicians at Mitsubishi
dealerships that replace seat belts have access to the installation
instruction information in the workshop manual. Installers other than
Mitsubishi dealership technicians also have seat belt installation
information available in the workshop manuals and are available on the
Mitsubishi Service Web site. As a result, the seat belt parts can be
successfully installed with the information already available even
though installation instructions were not accompanied in the
replacement seat belt assemblies.
    (4) Instructions for proper use and maintenance are described in
the owner's manual which is installed in each vehicle. Therefore,
incorrect usage

and maintenance by the vehicle owner is highly unlikely.
    Mitsubishi is also not aware of any customer or field reports of
replacement seat belt assemblies being incorrectly installed in the
subject applications as a result of the absence of the installation
instructions in the service part. Mitsubishi also is not aware of any
reports requesting the installation instruction, which is believed to
be indicative of the availability of this information from the other
sources mentioned above.
    Finally, Mitsubishi has taken action to ensure that all replacement
seat belt assemblies are packaged with the required installation
instructions and has corrected all the replacement seat belt assemblies
in the inventory for shipment to dealers.
    In view of the above, Mitsubishi believes that the described
noncompliance with FMVSS No. 209 is inconsequential and does not
present a risk to motor vehicle safety. Thus, Mitsubishi requests that
its petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120, should be granted.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: February 7, 2011.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).

    Issued on: January 3, 2011.
Claude H. Harris
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-79 Filed 1-6-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52680-52682]
[FR Doc No: 2016-18868]

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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-9950-44-OAR]

California State Motor Vehicle Pollution Control Standards;
Greenhouse Gas Emissions From 2014 and Subsequent Model Year Medium-
and Heavy-Duty Engines and Vehicles; Request for Waiver of Preemption;
Opportunity for Public Hearing and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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

SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted a greenhouse gas emission regulation for new 2014
and subsequent model year on-road medium-and heavy-duty engines and
vehicles (California Phase 1 GHG Regulation). This regulation aligns
California's GHG emission standards and test procedures with the
federal GHG emission standards and test procedures that EPA adopted in
2011. By letter dated January 29, 2016, CARB submitted a request that

EPA grant a waiver of preemption under section 209(b) of the Clean Air
Act (CAA), 42 U.S.C. 7543(b) for the California Phase 1 GHG Regulation.
This notice announces that EPA has scheduled a public hearing
concerning California's request and that EPA is accepting written
comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on September 28, 2016, at 10 a.m. EPA will hold a hearing only
if any party notifies EPA by September 21, 2016 to express interest in
presenting the Agency with oral testimony. Parties wishing to present
oral testimony at the public hearing should provide written notice to
David Dickinson at the email address noted below. If EPA receives a
request for a public hearing, that hearing will be held at the William
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave,
NW., Washington, DC 20460. If EPA does not receive a request for a
public hearing, then EPA will not hold a hearing, and instead will
consider CARB's request based on written submissions to the docket. Any
party may submit written comments until November 1, 2016.
    Any person who wishes to know whether a hearing will be held may
call David Dickinson at<PHONE_NUMBER> on or after September 21, 2016.

ADDRESSES: EPA will make available for in person inspection, at the Air
and Radiation Docket and Information Center, written comments received
from interested parties, in addition to any testimony given at the
public hearing. The official public docket is the collection of
materials that is available for public viewing at the Air and Radiation
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>. The reference number for this
docket is EPA-HQ-OAR-2016-0179.
    EPA will make available an electronic copy of this Notice on the
Office of Transportation and Air Quality's (OTAQ's) homepage (http://www.epa.gov/otaq/). Users can find this document by accessing the OTAQ
homepage and looking at the path entitled ``Regulations.'' This service
is free of charge, except any cost you already incur for Internet
connectivity. Users can also get the official Federal Register version
of the Notice on the day of publication on the primary Web site:
(http://www.epa.gov/docs/fedrgstr/EP-AIR/).
    Please note that due to differences between the software used to
develop the documents and the software into which the documents may be
downloaded, changes in format, page length, etc., may occur.

FOR FURTHER INFORMATION CONTACT: David Dickinson (6405J), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460. Telephone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>
For Obtaining and Submitting Electronic Copies of Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2016-
0179, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA West (Air
Docket), 1200 Pennsylvania Ave. NW., Room B108, Mail Code 6102T,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2013-0491.
Please include a total of two copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave. NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No EPA-HQ-OAR-2016-
0179.
    EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or
email.
    The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through http://www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.

SUPPLEMENTARY INFORMATION:

(A) CARB's Waiver Request for the California Phase 1 GHG Regulation

    CARB's January 29, 2016, letter to the Administrator presents EPA
with CARB's requirements related to the control of greenhouse gas
emissions from 2014 and subsequent MY California on-road medium- and
heavy-duty engines and vehicles. The regulation establishes
requirements applicable to new motor vehicles with a gross vehicle
weight rating (GVWR) exceeding 8,500 pounds and engines that power such
motor vehicles, except for medium-duty passenger vehicles (MDPVs) that
are subject to California's Low Emission Vehicle Program.\1\
California's Phase 1 regulation is supplemental to CARB's existing
Tractor-Trailer GHG regulation that was initially adopted by the CARB
Board in 2008 and subsequently amended in 2010 and 2012.\2\ CARB's
Tractor-Trailer

GHG regulation includes the regulation of certain trailers associated
with heavy-duty vehicles and engines. CARB amended the Tractor-Trailer
GHG regulation in conjunction with its adoption of the Phase 1 GHG
regulation (which only addresses vehicles and engines) to ensure that
California's GHG requirements for new medium and heavy-duty engines and
vehicles are consistent with the corresponding requirements of EPA's
Phase 1 GHG regulation (that addresses engines and vehicles).
---------------------------------------------------------------------------

    \1\ The California Phase 1 GHG regulation is comprised of new
title 17, California Code of Regulations (CCR) sections 95660
through 95664, and amendments to title 13, CCR, sections 1900,
1958.6, 2036, 2037, 2112, 2140, and 2147. These regulations apply to
all motor vehicles with a GVWR greater than 8,500 pounds. An
exception to these regulations are MDPVs which are primarily
designed for the transport of passengers. (MDPVs are not subject to
this waiver). A definition of MDPVs can be found at title 13, CCR,
section 1900(b)(15). California uses the same definition of light-
duty vehicles (which includes a subcategory for MDPVs) as EPA.
    \2\ EPA granted California a waiver for the Tractor-Trailer GHG
regulation in 2014. 79 FR 46256 (August 7, 2014). A petition was
subsequently filed in the United States Court of Appeals for the
District of Columbia Circuit that requested the court to review
EPA's issuance of the waiver. The court dismissed the petition on
November 25, 2015.
---------------------------------------------------------------------------

(B) Scope of Preemption and Criteria for a Waiver Under the Clean Air
Act

    Section 209(a) of the Clean Air Act, as amended (``Act''), 42
U.S.C. 7543(a), provides:

    No state or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of emissions
from new motor vehicles or new motor vehicle engines subject to this
part. No state shall require certification, inspection or any other
approval relating to the control of emissions from any new motor
vehicle or new motor vehicle engine as condition precedent to the
initial retail sale, titling (if any), or registration of such motor
vehicle, motor vehicle engine, or equipment.

    Section 209(b) of the Act requires the Administrator, after notice
and opportunity for public hearing, to waive application of the
prohibitions of section 209(a) for any state that has adopted standards
(other than crankcase emission standards) for the control of emissions
from new motor vehicles or new motor vehicle engines prior to March 30,
1966, if the state determines that the state standards will be, in the
aggregate, at least as protective of public health and welfare as
applicable federal standards. California is the only state that is
qualified to seek and receive a waiver under section 209(b). EPA must
grant a waiver unless the Administrator finds that (A) the
determination of the state is arbitrary and capricious, (B) the state
does not need the state standards to meet compelling and extraordinary
conditions, or (C) the state standards and accompanying enforcement
procedures are not consistent with section 202(a) of the Act. Previous
decisions granting waivers of federal preemption for motor vehicles
have maintained that state standards are inconsistent with section
202(a) if there is inadequate lead time to permit the development of
the necessary technology giving appropriate consideration to the cost
of compliance within that time period or if the federal and state test
procedures impose inconsistent certification procedures.\3\
---------------------------------------------------------------------------

    \3\ To be consistent, the California certification procedures
need not be identical to the federal certification procedures.
California procedures would be inconsistent, however, if
manufacturers would be unable to meet the state and the federal
requirements with the same test vehicle in the course of the same
test. See, e.g., 43 FR 32182 (July 25, 1978).
---------------------------------------------------------------------------

(C) Request for Comment

    EPA invites comment on CARB's request for a waiver for the
California Phase 1 GHG regulation under the following three criteria:
whether (a) California's determination that its motor vehicle emission
standards are, in the aggregate, at least as protective of public
health and welfare as applicable federal standards is arbitrary and
capricious, (b) California needs such standards to meet compelling and
extraordinary conditions, and (c) California's standards and
accompanying enforcement procedures are consistent with section 202(a)
of the Clean Air Act.

Procedures for Public Participation

    The Agency will make a verbatim record of the proceedings.
Interested parties may arrange with the reporter at the hearing to
obtain a copy of the transcript at their own expense. EPA will keep the
record open until November 1, 2016. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record of the public hearing, relevant written
submissions, and other information that she deems pertinent.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest
possible extent and label it as ``Confidential Business Information''
(CBI). If a person making comments wants EPA to base its decision in
part on a submission labeled CBI, then a non-confidential version of
the document that summarizes the key data or information should be
submitted for the public docket. To ensure that proprietary information
is not inadvertently placed in the docket, submissions containing such
information should be sent directly to the contact person listed above
and not to the public docket. Information covered by a claim of
confidentiality will be disclosed by EPA only to the extent allowed and
by the procedures set forth in 40 CFR part 2. If no claim of
confidentiality accompanies the submission when EPA receives it, EPA
will make it available to the public without further notice to the
person making comments.

    Dated: August 3, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2016-18868 Filed 8-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28827-28829]
[FR Doc No: 2013-11667]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Application Accepted for Filing and Soliciting Motions
To Intervene and Protests

------------------------------------------------------------------------
                                                           Project Nos.
------------------------------------------------------------------------
Clean River Power MR-1, LLC.............................     P-13404-002
Clean River Power MR-2, LLC.............................     P-13405-002
Clean River Power MR-3, LLC.............................     P-13406-002
Clean River Power MR-5, LLC.............................     P-13407-002
Clean River Power MR-6, LLC.............................     P-13408-002
Clean River Power MR-7, LLC.............................     P-13411-002
Clean River Power MR-8, LLC.............................     P-13412-002
------------------------------------------------------------------------

    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection.
    a. Type of Applications: Original Major Licenses.
    b. Project Nos.: 13404-002, 13405-002, 13406-002, 13407-002, 13408-
002, 13411-002, and 13412-002.
    c. Date filed: October 31, 2012.
    d. Applicants: Clean River Power MR-1, LLC; Clean River Power MR-2,
LLC; Clean River Power MR-3, LLC; Clean River Power MR-5, LLC; Clean
River Power MR-6, LLC; Clean River Power MR-7, LLC; and Clean River
Power MR-8, LLC (Clean River Power), subsidiaries of Free Flow Power
Corporation.
    e. Name of Projects: Beverly Lock and Dam Water Power Project, P-
13404-002; Devola Lock and Dam Water Power Project, P-13405-002; Malta/
McConnelsville Lock and Dam Water Power Project, P-13406-002; Lowell
Lock and Dam Water Power Project, P-13407-002; Philo Lock and Dam Water
Power Project, P-13408-002; Rokeby Lock and Dam Water Power Project, P-
13411-002; and Zanesville Lock and Dam Water Power Project, P-13412-
002.
    f. Locations: At existing locks and dams on the Muskingum River in
Washington, Morgan, and Muskingum counties, Ohio (see table below for
specific project locations). The locks and dams were formally owned and

operated by the U.S. Army Corps of Engineers, but are now owned and
operated by the Ohio Department of Natural Resources, Division of Parks
and Recreation.

----------------------------------------------------------------------------------------------------------------
             Project No.                       Projects                County(s)                City/town
----------------------------------------------------------------------------------------------------------------
P-13404-002..........................  Beverly Lock and Dam...  Washington and Morgan..  Upstream of the City of
                                                                                Beverly, OH.
P-13405-002..........................  Devola Lock and Dam....  Washington.............  Near the City of
                                                                                Devola, OH.
P-13406-002..........................  Malta/McConnelsville     Morgan.................  On the southern shore
                                        Lock and Dam.                                     of the Town of
                                                                                McConnelsville, OH.
P-13407-002..........................  Lowell Lock and Dam....  Washington.............  West of the City of
                                                                                Lowell, OH.
P-13408-002..........................  Philo Lock and Dam.....  Muskingum..............  North of the City of
                                                                                Philo, OH.
P-13411-002..........................  Rokeby Lock and Dam....  Morgan and Muskingum...  Near the City of
                                                                                Rokeby, OH.
P-13412-002..........................  Zanesville Lock and Dam  Muskingum..............  Near the center of the
                                                                                City of Zanesville,
                                                                                OH.
----------------------------------------------------------------------------------------------------------------

    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contacts: Ramya Swaminathan, Chief Operating Officer,
Free Flow Power Corporation, 239 Causeway Street, Suite 300, Boston, MA
02114; or at<PHONE_NUMBER>.
    Daniel Lissner, General Counsel, Free Flow Power Corporation, 239
Causeway Street, Suite 300, Boston, MA 02114; or at<PHONE_NUMBER>.
    Alan Topalian, Regulatory Attorney, Free Flow Power Corporation,
239 Causeway Street, Suite 300, Boston, MA 02114; or at<PHONE_NUMBER>.
    i. FERC Contact: Aaron Liberty at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filings, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. These applications have been accepted for filing, but are not
ready for environmental analysis at this time.
    l. The proposed Zanesville Lock and Dam Project would be located at
the existing Zanesville dam on the Muskingum River at RM 77.4. The
Zanesville dam is a 513-foot-long, 18.8-foot-high dam that impounds a
470-acre reservoir at a normal pool elevation of 686.27 NAVD 88. The
project would also consist of approximately 0.6 miles of the existing
59-foot-wide canal from the dam downstream to the proposed powerhouse
and the following new facilities: (1) A 135-foot-long, 10-foot-high,
30-foot-wide intake structure with trash racks that contain 2-inch
clear bar spacing; (2) two 10-foot diameter, 62-foot-long buried steel
penstocks; (3) a 45-foot by 37-foot powerhouse located approximately
2,750 feet downstream of the dam on the bank of the canal; (4) two
turbine-generator units providing a combined installed capacity of 2
MW; (5) a 31-foot-long, 37-foot-wide draft tube; (6) a 10-foot-long,
50-foot-wide tailrace; (7) a 40-foot by 40-foot substation; (8) a 400-
foot-long, three-phase, overhead 69-kV transmission line to connect the
project substation to the local utility distribution lines; and (9)
appurtenant facilities. The average annual generation would be about
12,295 MWh.
    The proposed Philo Lock and Dam Project would be located at the
existing Philo dam on the Muskingum River at RM 68.6. The Philo dam is
a 730-foot-long, 17-foot-high dam that impounds a 533-acre reservoir at
a normal pool elevation of 671.39 NAVD 88. The applicant proposes to
remove 128 feet of the existing dam to construct a 40-foot-long flap
gate. The project would also consist of the following new facilities:
(1) A 37-foot-long, 52-foot-high, 80-foot-wide intake structure with
trash racks that contain 2-inch clear bar spacing; (2) a 75-foot by
160-foot powerhouse located on the bank of the Muskingum River opposite
the existing lock; (3) two turbine-generator units providing a combined
installed capacity of 3 MW; (4) a 65-foot-long, 80-foot-wide draft
tube; (5) a 140-foot-long, 180-foot-wide tailrace; (6) a 40-foot by 40-
foot substation; (7) a 1,600-foot-long, three-phase, overhead 69-kV
transmission line to connect the project substation to the local
utility distribution lines; and (8) appurtenant facilities. The average
annual generation would be about 15,957 MWh.
    The proposed Rokeby Lock and Dam Project would be located at the
existing Rokeby dam on the Muskingum River at RM 57.4. The Rokeby dam
is a 525-foot-long, 20-foot-high dam that impounds a 615-acre reservoir
at a normal pool elevation of 660.3 NAVD 88. The project would also
consist of the following new facilities: (1) A 37-foot-long, 52-foot-
high, 80-foot-wide intake structure with trash racks that contain 2-
inch clear bar spacing; (2) a 75-foot by 160-foot powerhouse located on
the bank of the Muskingum River opposite the existing lock; (3) two
turbine-generator units providing a combined installed capacity of 4
MW; (4) a 65-foot-long, 75-foot-wide draft tube; (5) a 160-foot-long,
200-foot-wide tailrace; (6) a 40-foot by 40-foot substation; (7) a 490-
foot-long, three-phase, overhead 69-kV transmission line to connect the
project substation to the local utility distribution lines; and (8)
appurtenant facilities. The average annual generation would be about
17,182 MWh.
    The proposed Malta/McConnelsville Lock and Dam Project would be
located at the existing Malta/McConnelsville dam on the Muskingum River
at RM 49.4. The Malta/McConnelsville dam is a 605.5-foot-long, 15.2-
foot-high dam that impounds a 442-acre reservoir at a normal pool
elevation of 649.48 NAVD 88. The applicant proposes to remove 187.5
feet of the existing dam to

construct a 100-foot-long overflow weir. The project would also consist
of the following new facilities: (1) a 37-foot-long, 52-foot-high, 80-
foot-wide intake structure with trash racks containing 2-inch clear bar
spacing; (2) a 80-foot by 160-foot powerhouse located adjacent to the
right bank of the dam; (3) two turbine-generator units providing a
combined installed capacity of 4.0 MW; (4) a 65-foot-long, 80-footwide
draft tube; (5) a 100-foot-long, 130-foot-wide tailrace; (6) a 40-foot
by 40-foot substation; (7) a 1,500-foot-long, three-phase, overhead 69-
kV transmission line to connect the project substation to the local
utility distribution lines; and (8) appurtenant facilities. The average
annual generation would be about 21,895 MWh.
    The proposed Beverly Lock and Dam Project would be located at the
existing Beverly Lock and Dam on the Muskingum River at river mile (RM)
24.6. The Beverly dam is a 535-foot-long, 17-foot-high dam that
impounds a 490-acre reservoir at a normal pool elevation of 616.36
North American Vertical Datum of 1988 (NAVD 88). The project would also
consist of the following new facilities: (1) a 37-foot-long, 52-foot-
high, 88-foot-wide intake structure with trash racks containing 2-inch
clear bar spacing; (2) a 75-foot by 160-foot powerhouse located
downstream of the dam on the left bank of the Muskingum River; (3) two
turbine-generator units providing a combined installed capacity of 3.0
megawatts (MW); (4) a 65-foot-long, 75-foot-wide draft tube; (5) a 90-
foot-long, 150-foot-wide tailrace; (6) a 40-foot by 40-foot substation;
(7) a 970-foot-long, three-phase, overhead 69-kilovolt (kV)
transmission line to connect the project substation to the local
utility distribution lines; and (8) appurtenant facilities. The average
annual generation would be about 17,853 megawatt-hours (MWh).
    The proposed Lowell Lock and Dam Project would be located at the
existing Lowell dam on the Muskingum River at RM 13.6. The Lowell dam
is a 840-foot-long, 18-foot-high dam that impounds a 628-acre reservoir
at a normal pool elevation of 607.06 NAVD 88. The applicant proposes to
remove 204 feet of the existing dam to construct a 143.5-foot-long
overflow weir. The project would also consist of the following new
facilities: (1) A 37-foot-long, 23-foot-high, 80-foot-wide intake
structure with trash racks that contain 2-inch clear bar spacing; (2) a
75-foot by 160-foot powerhouse located adjacent to the left bank of the
dam; (3) two turbine-generator units providing a combined installed
capacity of 5 MW; (4) a 65-foot-long, 75-foot-wide draft tube; (5) a
100-foot-long, 125-foot-wide tailrace; (6) a 40-foot by 40-foot
substation; (7) a 1,200-foot-long, three-phase, overhead 69-kV
transmission line to connect the project substation to the local
utility distribution lines; and (8) appurtenant facilities. The average
annual generation would be about 30,996 MWh.
    The proposed Devola Lock and Dam Project would be located at the
existing Devola Lock and Dam on the Muskingum River at RM 5.8. The
Devola dam is a 587-foot-long, 17-foot-high dam that impounds a 301-
acre reservoir at a normal pool elevation of 592.87 NAVD 88. The
applicant proposes to remove 187 feet of the existing dam to construct
a 154-foot-long overflow weir. The project would also consist of the
following new facilities: (1) A 37-foot-long, 52-foot-high, 80-foot-
wide intake structure with trash racks containing 2-inch clear bar
spacing; (2) a 80-foot by 160-foot powerhouse located on the bank of
the Muskingum River opposite the existing lock; (3) two turbine-
generator units providing a combined installed capacity of 4.0 MW; (4)
a 65-foot-long, 80-foot-wide draft tube; (5) a 125-foot-long, 140-foot-
wide tailrace; (6) a 40-foot by 40-foot substation; (7) a 3,600-foot-
long, three-phase, overhead 69-kV transmission line to connect the
project substation to the local utility distribution lines; and (8)
appurtenant facilities. The average annual generation would be about
20,760 MWh.
    The applicant proposes to operate all seven projects in a run-of-
river mode, such that the water surface elevations within each project
impoundment would be maintained at the crest of each respective dam
spillway.
    m. A copy of the applications are available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. Copies are also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to these or other pending projects. For assistance, contact
FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit comments, a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests or other
comments filed, but only those who file a motion to intervene in
accordance with the Commission's Rules may become a party to the
proceeding. Any protests or motions to intervene must be received on or
before the specified deadline for the particular application.
    When the applications are ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the applications
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

    Dated: May 8, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-11667 Filed 5-15-13; 8:45 am]
BILLING CODE 6717-01-P