[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Rules and Regulations]
[Pages 72124-72126]
[FR Doc No: 2014-28141]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0193; Directorate Identifier 2013-NM-234-AD;
Amendment 39-18040; AD 2014-24-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was
prompted by a report of a crack found in the fuselage during a fatigue
test campaign. This AD requires repetitive rototest inspections for
cracking; corrective actions if necessary; and modification of the
torsion box, which would terminate the repetitive inspections. We are
issuing this AD to prevent cracking in the side box beam flange of the
fuselage, which could affect the structural integrity of the airplane.

DATES: This AD becomes effective January 9, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 9,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0193; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM 116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A318,
A319, A320, and A321 series airplanes. The NPRM published in the
Federal Register on April 10, 2014 (79 FR 19846).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0261, dated October 28, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:

    During the full scale fatigue test campaign of the A320 family
type design, a crack was reported in the fuselage side box beam
flange at frame (FR) 43 level, both sides.
    This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
    For the reason describe above, this [EASA] AD requires
repetitive inspections of the fuselage side box beam flange at FR43,
and, depending on findings, corrective action(s) [repair]. This
[EASA] AD also requires a modification, which constitutes
terminating action for the repetitive inspections.

The modification includes related investigative and corrective actions.
The related investigative actions include a rotoprobe inspection of the
holes for cracks, and a high frequency eddy current (HFEC) inspection
for cracks. The corrective action includes repair. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0193-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 19846, April 10, 2014) and the FAA's response to each comment.

Request To Remove Requirement To Refer to This AD in Repair Approvals

    Airlines for America, Inc. (A4A), on behalf of several affected
member airlines, requested that we revise paragraphs (h), (i), and
(l)(2) of the NPRM (79 FR 19846, April 10, 2014) to remove the
requirement to include the AD reference in repair approvals. The
commenters have made this request because this proposed requirement is
overly broad and would add significant cost and complexity to their
operations. The commenters were concerned that this proposed
requirement would set a precedent for how repairs are approved, and
could negatively affect all U.S. operators of foreign-manufactured
airplanes.
    We concur with the commenters' request to remove from this AD the
requirement that repair approvals specifically refer to this AD.
    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD. The MCAI or referenced service
information in an FAA AD often directs the owner/operator to contact
the manufacturer for corrective actions, such as a repair. Briefly, the
Airworthy Product paragraph allowed owners/operators to use corrective
actions provided by the manufacturer if those actions were FAA-
approved. In addition, the paragraph stated that any actions approved
by the State of Design Authority (or its delegated agent) are
considered to be FAA-approved.
    In the NPRM (79 FR 19846, April 10, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include ``the Design Approval Holder (DAH) with a
State of Design Authority's design organization approval (DOA)'' to
refer to a DAH authorized to approve required repairs for the proposed
AD.
    Comments were provided to the NPRM (79 FR 19846, April 10, 2014)
about these proposed changes. One commenter, UPS, stated the following:
``The proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages

provided by the manufacturer as approval of deviations during the
accomplishment of an AD-mandated action. The Airworthy Product
paragraph does not approve messages or other information provided by
the manufacturer for deviations to the requirements of the AD-mandated
actions. The Airworthy Product paragraph only addresses the requirement
to contact the manufacturer for corrective actions for the identified
unsafe condition and does not cover deviations from other AD
requirements. However, deviations to AD-required actions are addressed
in 14 CFR 39.17, and anyone may request the approval for an alternative
method of compliance to the AD-required actions using the procedures
found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the actions must be accomplished using a
method approved by the FAA, EASA, or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility afforded previously
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the AD Implementation
Aviation Rulemaking Committee to increase flexibility in complying with
ADs by identifying those actions in manufacturers' service instructions
that are ``Required for Compliance'' with ADs. We continue to work with
manufacturers to implement this recommendation. But once we determine
that an action is required, any deviation from the requirement must be
approved as an alternative method of compliance.
    Other commenters pointed out that in many cases the foreign
manufacturer's service bulletin and the foreign authority's MCAI may
have been issued some time before the FAA AD. Therefore, the DOA may
have provided U.S. operators with an approved repair, developed with
full awareness of the unsafe condition, before the FAA AD is issued.
Under these circumstances, to comply with the FAA AD, the operator
would be required to go back to the manufacturer's DOA and obtain a new
approval document, adding time and expense to the compliance process
with no safety benefit.
    Based on these comments, we removed the requirement from this AD
that the DAH-provided repair specifically refer to this AD. Before
adopting such a requirement in the future, the FAA will coordinate with
affected DAHs and verify they are prepared to implement means to ensure
that their repair approvals consider the unsafe condition addressed in
an AD. Any such requirements will be adopted through the normal AD
rulemaking process, including notice-and-comment procedures, when
appropriate.
    We have also decided not to include a generic reference to either
the ``delegated agent'' or the ``DAH with State of Design Authority
design organization approval,'' but instead we will provide the
specific delegation approval granted by the State of Design Authority
for the DAH.

Conclusion

    We 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. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 19846, April 10, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 19846, April 10, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    We also estimate that it would take about 178 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work hour. Required parts would cost about
$31,334 per product. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $39,540,864, or $46,464 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0193; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone

800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-24-07 Airbus: Amendment 39-18040. Docket No. FAA-2014-0193;
Directorate Identifier 2013-NM-234-AD.

(a) Effective Date

    This AD becomes effective January 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category; all
manufacturer serial numbers on which Airbus Modification 21202 has
been embodied in production, except those on which Modification
152569 has been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a crack found in the side
box beam flange of the fuselage at the frame (FR) 43 level during a
fatigue test campaign. We are issuing this AD to prevent cracking in
the side box beam flange of the fuselage, which could affect the
structural integrity of the airplane.

(f) Compliance

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

(g) Inspection

    At the time specified in paragraph (g)(1) or (g)(2) of this AD,
whichever occurs later: Do a rototest inspection for cracking of the
beam flange of the stiffener 15 side box on the left- and right-hand
sides in the FR43 area, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-53-1258, dated October
18, 2012. Repeat the inspection thereafter at intervals not to
exceed 7,500 flight cycles or 15,000 flight hours, whichever occurs
first.
    (1) Before exceeding 24,000 flight cycles or 48,000 flight
hours, whichever occurs first since the airplane's first flight.
    (2) Within 3,000 flight cycles or 6,000 flight hours, whichever
occurs first after the effective date of this AD.

(h) Corrective Action

    If any crack is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair using a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

(i) Modification

    Before exceeding 48,000 flight cycles or 96,000 flight hours,
whichever occurs first since the airplane's first flight: Modify the
fittings on the left- and right-hand sides of the torsion box,
including doing all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-53-1251, Revision 01, dated October 18,
2013; except where Airbus Service Bulletin A320-53-1251, Revision
01, dated October 18, 2013, specifies to contact Airbus for repair,
before further flight, repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or EASA; or Airbus's EASA DOA.

(j) Terminating Action

    Modification of the airplane as required by paragraph (i) of
this AD constitutes terminating action for the repetitive
inspections required by paragraph (g) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(i) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A320-53-1251, dated
November 16, 2012, which is not incorporated by reference in this
AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
Airbus's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0261, dated October 28,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0193-0002.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-53-1251, Revision 01, dated
October 18, 2013.
    (ii) Airbus Service Bulletin A320-53-1258, dated October 18,
2012.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 19, 2014.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-28141 Filed 12-4-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20875-20876]
[FR Doc No: 2022-07563]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-P-0077]

Determination That NASONEX (Mometasone Furoate) Nasal Spray, 0.05
Milligram/Spray (50 Microgram), Was Not Withdrawn From Sale for Reasons
of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) has
determined that NASONEX (mometasone furoate) nasal spray, 0.05
milligram (mg)/spray (50 microgram (mcg)), was not withdrawn from sale
for reasons of safety or effectiveness. This determination means that
FDA will not begin procedures to withdraw approval of abbreviated new
drug applications (ANDAs) that refer to this drug product, and it will
allow FDA to continue to approve ANDAs that refer to the product as
long as they meet relevant legal and regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Sungjoon Chi, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6216, Silver Spring, MD 20993-0002, 240-
402-9674, [email protected].

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of
an ANDA to market a generic version of a previously approved drug
product. To obtain approval, the ANDA applicant must show, among other
things, that the generic drug product: (1) Has the same active
ingredient(s), dosage form, route of administration, strength,
conditions of use, and (with certain exceptions) labeling as the listed
drug, which is a version of the drug that was previously approved, and
(2) is bioequivalent to the listed drug. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).

    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of
all approved drugs. FDA publishes this list as part of the ``Approved
Drug Products With Therapeutic Equivalence Evaluations,'' which is
known generally as the ``Orange Book.'' Under FDA regulations, drugs
are removed from the list if the Agency withdraws or suspends approval
of the drug's NDA or ANDA for reasons of safety or effectiveness or if
FDA determines that the listed drug was withdrawn from sale for reasons
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    NASONEX (mometasone furoate) nasal spray, 0.05 mg/spray 50 (mcg),
is the subject of NDA 020762, held by Organon LLC, and initially
approved on October 1, 1997. NASONEX (mometasone furoate) nasal spray,
0.05 mg/spray 50 (mcg) is a corticosteroid indicated for:
     Treatment of nasal symptoms of allergic rhinitis in
patients 2 years of age and older;
     treatment of nasal congestion associated with seasonal
allergic rhinitis in patients 2 years of age or older;
     prophylaxis of seasonal allergic rhinitis in patients 12
years of age or older; and
     treatment of nasal polyps in patients 18 years of age or
older.
    In a letter dated December 4, 2020, Merck Sharp and Dohme Corp., a
subsidiary of Merck and Co., Inc., notified FDA that NASONEX
(mometasone furoate) nasal spray, 0.05 mg/spray 50 (mcg) was being
discontinued, and FDA moved the drug product to the ``Discontinued Drug
Product List'' section of the Orange Book.
    Aurobindo Pharma Ltd. submitted a citizen petition dated January
14, 2022 (Docket No. FDA-2022-P-0077), under 21 CFR 10.30, requesting
that the Agency determine whether NASONEX (mometasone furoate) nasal
spray, 0.05 mg/spray 50 (mcg), was withdrawn from sale for reasons of
safety or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that NASONEX (mometasone furoate) nasal spray, 0.05
mg/spray 50 (mcg) was not withdrawn for reasons of safety or
effectiveness. The petitioner has identified no data or other
information suggesting that NASONEX (mometasone furoate) nasal spray,
0.05 mg/spray 50 (mcg) was withdrawn for reasons of safety or
effectiveness. We have carefully reviewed our files for records
concerning the withdrawal of NASONEX (mometasone furoate) nasal spray,
0.05 mg/spray 50 (mcg) from sale. We have also independently evaluated
relevant literature and data for possible postmarketing adverse events.
We have found no information that would indicate that this drug product
was withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list NASONEX (mometasone
furoate) nasal spray, 0.05 mg/spray 50 (mcg), in the ``Discontinued
Drug Product List'' section of the Orange Book. The ``Discontinued Drug
Product List'' delineates, among other items, drug products that have
been discontinued from marketing for reasons other than safety or
effectiveness. FDA will not begin procedures to withdraw approval of
approved ANDAs that refer to this drug product. Additional ANDAs for
this drug product may also be approved by the Agency as long as they
meet all other legal and regulatory requirements for the approval of
ANDAs. If FDA determines that labeling for this drug product should be
revised to meet current standards, the Agency will advise ANDA
applicants to submit such labeling.

    Dated: April 4, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-07563 Filed 4-7-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]
[Page 39326]
[DOCID:fr09jy08-80]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1763-DR]

Iowa; Amendment No. 12 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related
determinations.

EFFECTIVE DATE: June 30, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 30, 2008, the President amended the cost-sharing
arrangements concerning Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121-5206 (Stafford Act), in a letter to R. David Paulison,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, as follows:

    I have determined that the damage in certain areas of the State
of Iowa resulting from severe storms, tornadoes, and flooding
beginning on May 25, 2008, and continuing, is of sufficient severity
and magnitude that special cost sharing arrangements are warranted
regarding Federal funds provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. Sec.
5121-5206 (the Stafford Act).
    Therefore, I amend my declaration of May 27, 2008, to authorize
Federal funds for emergency protective measures, including direct
Federal assistance, at 90 percent Federal funding of total eligible
costs. This adjustment is effective until the respective date at
which the National Oceanic and Atmospheric Administration's National
Weather Service River Forecast Center reports that the rivers in the
State of Iowa, which have experienced historical flooding, fall
below flood stage.
    This adjustment cost sharing applies only to Public Assistance
costs and direct Federal assistance eligible for such adjustments
under applicable law. The Robert T. Stafford Disaster Relief and
Emergency Assistance Act specifically prohibits a similar adjustment
for funds provided for Other Needs Assistance (Section 408), and the
Hazard Mitigation Grant Program (Section 404). These funds will
continue to be reimbursed at 75 percent of total eligible costs.
    This cost share is effective as of the date of the President's
major disaster declaration.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-15527 Filed 7-8-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register: April 20, 2007 (Volume 72, Number 76)]
[Notices]
[Page 19919-19920]
[DOCID:fr20ap07-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-8-000]

Guardian Pipeline, L.L.C; Notice of Availability of the Draft
Environmental Impact Statement for the Guardian Expansion and Extension
Project

April 13, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this draft Environmental Impact Statement
(EIS) for the construction and operation of the natural gas pipeline
facilities (referred to as the G-II Project or Project) as proposed by
Guardian Pipeline, L.L.C. (Guardian) in the above-referenced docket.
    The draft EIS was prepared to satisfy the requirements of the
National Environmental Policy Act (NEPA). The FERC staff concludes that
approval of the G-II Project, with appropriate mitigating measures as
recommended, would have limited adverse environmental impact. The draft
EIS evaluates alternatives to the proposal, including system
alternatives and pipeline route alternatives.
    The Bureau of Indian Affairs, the U.S. Army Corps of Engineers
(COE) are federal cooperating agencies for the development of this EIS.
The State of Wisconsin Department of Natural Resources is also a
cooperating agency. Cooperating agencies have jurisdiction by law or
have special expertise with respect to any environmental impact
involved with the proposal and is involved in the NEPA analysis or
similar type of environmental analysis.
    The purpose of the G-II Project is to provide the facilities
necessary to provide about 537,200 decatherms per day of additional
natural gas capacity to Guardian's existing pipeline system. The
proposed additional capacity would facilitate the transport of natural
gas to customers within the state of Wisconsin and provide those
customers with the necessary infrastructure to support growth and
competition within the natural gas marketplace. Guardian proposes to
have the project constructed and operational by November 2008.
    The draft EIS addresses the potential environmental effects of the
construction and operation of the following natural gas pipeline
facilities:
     83.6 miles of 30-inch-diameter natural gas pipeline in
Jefferson, Dodge, Fond du Lac, Calumet, Brown, and Outagamie Counties,
Wisconsin;

     25.9 miles of 20-inch-diameter natural gas pipeline in
Brown and Outagamie Counties, Wisconsin;
     two new 39,000 horsepower (hp) electric motor driven
compressor stations including the Sycamore Compressor Station located
in the Sycamore Township in DeKalb County, Illinois and the Bluff Creek
Compressor Station located in the Town of La Grange in Walworth County,
Wisconsin;
     modifications to the existing Ixonia Meter Station in
Jefferson County, Wisconsin and the construction of seven new meter
stations in the Counties of Dodge, Fond du Lac, Calumet, Brown, and
Outagamie Counties, Wisconsin;
     two new pig launcher facilities including a 30-inch
launcher within Guardian's existing Ixonia Meter Station in Jefferson
County, Wisconsin; a 30-inch-diameter receiver and 20-inch-diameter
launcher within the proposed Fox Valley Meter Station in Brown County,
Wisconsin; and a 20-inch-diameter receiver within the proposed West
Green Bay Meter Station in Outagamie County Wisconsin; and
     six new mainline valves (MLV), four of which would occur
along the 30-inch-diameter pipeline in the counties of Dodge, Fond du
Lac, and Calumet, Wisconsin and two which would occur along the 20-
inch-diameter pipeline in Brown and Outagamie Counties, Wisconsin.
    Project construction would be initiated in the spring of 2008 and
would be completed for a proposed in-service date in November 2008.

Comment Procedures and Public Meetings

    Any person wishing to comment on the draft EIS may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below. Please carefully follow these instructions to ensure that your
comments are received and properly recorded:
     Send an original and two copies of your comments to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of the
Gas Branch 1, DG2E; and Reference Docket No. CP07-8-000 on the original
and both copies.
     Mail your comments so that they will be received in
Washington, DC on or before May 29, 2007.
    Please note that the Commission strongly encourages electronic
filing (``eFiling'') of comments. Instructions on how to ``eFile'' can
be found on the Commission's Web site at http://www.ferc.gov under the

``Documents and Filings'' link.
    In addition to or in lieu of sending written comments, we invite
you to attend the public comment meeting scheduled as follows:
    May 15, 2007, 7 p.m. (CST)
    Radisson Hotel and Conference Center of Green Bay 2040 Airport
Drive
    Green Bay, WI US
    Telephone:<PHONE_NUMBER>
    May 16, 2007, 7 p.m. (CST)
    Bauer Ramada Plaza Hotel 1 North Main Street
    Fond Du Lac, WI 54935
    Telephone:<PHONE_NUMBER>
    May 17, 2007, 7 p.m. (CST)
    Olympia Conference Center 1350 Royale Mile Road
    Oconomowoc, WI 53066
    Telephone:<PHONE_NUMBER>
    The public comment meetings will be posted on the FERC's calendar
located at http://www.ferc.gov/EventCalendar/EventsList.aspx.

Interested parties and individuals are encouraged to attend and present
oral comments on the draft EIS. Transcripts of the meetings will be
prepared.
    After these comments are reviewed, any significant new issues are
investigated, and modifications are made to the draft EIS, a final EIS
will be published and distributed by the FERC staff. The final EIS will
contain the staff's responses to timely comments received on the draft
EIS.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214). Anyone may intervene in this proceeding
based on this draft EIS. You must file your request to intervene as
specified above.\1\ You do not need intervenor status to have your
comments considered.
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    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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    The draft EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of hard copies and CD copies of the draft EIS are
available from the Public Reference Room identified above. Copies of
the draft EIS have been mailed to federal, state, and local agencies;
public interest groups; individuals and affected landowners who
requested a copy of the draft EIS or provided comments during scoping;
libraries; newspapers; and parties to this proceeding.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov).

    To access information via the FERC Web site click on the
``eLibrary'' link then click on ``General Search'' and enter the docket
number excluding the last three digits in the Docket Number field. Be
sure you have selected an appropriate date range. The ``eLibrary'' link
provides access to the texts for formals documents issued by the
Commission, such as orders, notices, and rulemakings. For assistance
with ``eLibrary'', please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. To learn more about ``eSubscription'' and to sign up for
this service please go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-7566 Filed 4-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14279-14281]
[FR Doc No: 2011-6070]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0117]
RIN 1625-AA00

Safety Zone; Todd Pacific Shipyards Vessel Roll-Out, West
Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
West Duwamish Waterway in Seattle, Washington for a vessel roll-out at
Todd Pacific Shipyards. The safety zone is necessary to ensure the
safety of the maritime public as well as the workers involved in the
roll-out and will do so by prohibiting any person or vessel from
entering or remaining in the safety zone unless authorized by the
Captain of the Port or a Designated Representative.

DATES: This rule is effective on April 1, 2011 from 12 p.m. until 7
p.m.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0117 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0117 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Anthony P. LaBoy, Waterways
Management Division, Coast Guard Sector Puget Sound; Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be contrary to the public
interest since the event requiring the establishment of this safety
zone would be over before a comment period would end and a Final Rule
could be published. In addition, given the dangers involved with a
large slow moving dry dock maneuvering close to the shore, a delay in
enacting this safety zone would be contrary to the public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register, as the event requiring the
establishment of this safety zone would be over before the temporary
final rule could be published. Due to the dangers involved with a large
slow moving dry dock maneuvering close to the shore, delaying the
effective date of this rule would be contrary to the public interest.

Background and Purpose

    Todd Pacific Shipyards is conducting a vessel roll-out in the West
Duwamish Waterway in Seattle, Washington on April 1, 2011. Due to the
dangers involved with a large slow moving dry dock that will be
maneuvering close to the shore, the Coast Guard is establishing a
temporary safety zone to ensure the safety of the workers involved as
well as the maritime public.

Discussion of Rule

    The safety zone is being created to ensure the public's safety
during a vessel roll out that will take place on April 1, 2011 in the
waters of the West Duwamish Waterway. The safety zone created by this
rule encompasses all waters of the West Duwamish Waterway in Seattle,
Washington within the area created by connecting the following points:
47[deg]35'' 04'' N, 122[deg]21'' 30'' W thence westerly to 47[deg]35''
04'' N, 122[deg]21'' 50'' W thence northerly to 47[deg]35'' 19'' N,
122[deg]21'' 50'' W thence easterly to 47[deg]35'' 19'' N, 122[deg]21''
30'' W thence southerly to 47[deg]35'' 04'' N, 122[deg]21'' 30'' W. All
persons and vessels will be prohibited from entering or remaining in
the safety zone. The safety zone will be effective on April 1, 2011
from 12 p.m. to 7 p.m. unless cancelled sooner by the Captain of the
Port or his Designated Representative.
    The safety zone will be enforced by the U.S. Coast Guard. The
Captain of the Port may also be assisted in the enforcement of this
safety zone by other Federal, State, or local agencies.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this finding
based on the fact that the safety zone is enforced for only seven hours
on one day, and maritime traffic may be able to transit through the
safety zone with permission of the Captain of the Port or his
Designated Representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit through the safety zone created by this rule. This rule will
not have a significant economic impact on a substantial number of small
entities, although the safety zone will apply to the entire width of
the waterway, the zone is enforced for only seven hours on one day, and
vessel traffic will be allowed to pass through the safety zone with the
permission of the Captain of the Port or his Designated Representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L.104-121), in the NPRM we offered to assist
small entities in understanding the rule so that they could better
evaluate its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-

888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Section 165.T13-176 is added to read as follows:

Sec.  165.T13-176  Safety Zone; Todd Pacific Shipyards Vessel Roll-Out,
West Duwamish Waterway, Seattle, WA.

    (a) Location. The following area is a safety zone: All waters of
the West Duwamish Waterway in Seattle, WA encompassed within the area
created by connecting the following points: 47[deg]35'04'' N,
122[deg]21'30'' W thence westerly to 47[deg]35'04'' N, 122[deg]21'50''
W thence northerly to 47[deg]35'19'' N, 122[deg]21'50'' W thence
easterly to 47[deg]35'19'' N, 122[deg]21'30'' W thence southerly to
47[deg]35'04'' N, 122[deg]21'30'' W.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person may enter or remain in the safety
zone created in this rule unless authorized by the Captain of the Port
or his Designated Representative. See 33 CFR part 165, Subpart C, for
additional information and requirements. Vessel operators wishing to
enter the zone during the enforcement period must request permission
for entry by contacting Vessel Traffic Service Puget Sound on VHF
channel 14, or the Sector Puget Sound Joint Harbor Operations Center at
(206) 217-6001.
    (c) Enforcement Period. The safety zone created in this rule is
enforced from 12 p.m. to 7 p.m. on April 1, 2011 unless cancelled
sooner by the Captain of the Port.

    Dated: March 1, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-6070 Filed 3-15-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18141-18142]
[FR Doc No: 2017-07690]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No., 14804-000]

Control Technology, Inc.; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On October 28, 2016, Control Technology, Inc. filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Blue Diamond
Advanced Pumped Storage Project (Blue Diamond Project or project) to be
located near Blue Diamond, Clark County, Nevada. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would be a closed-loop pumped storage project
that would consist of the following: (1) A new upper reservoir with a
maximum elevation of 4,810 feet above mean sea level (MSL), and a
storage capacity of 4,900 acre-feet; (2) a new lower reservoir with a
maximum elevation of 3,320 feet MSL, and a storage capacity of 4,900
acre-feet; (3) a 21-foot-diameter, 4,300-foot-long concrete and steel
penstock; (4) a powerhouse with approximate dimensions of 200 feet by
100 feet and 150 feet high, and containing two vertical single-stage
reversible Francis-type pump/turbine units with a total installed
capacity of 450 megawatts; (5) a 132-kilovolt, 3.5-mile-long
transmission line; and (6) appurtenant facilities. The water used to
initially fill the reservoirs and supplement evaporative losses will
either be hauled or piped in from a yet-to-be-determined

source. The proposed project would produce about 4,500 megawatt hours
(MWh) of energy daily, and use about 5,600 MWh daily to pump water from
the lower to the upper reservoir. The estimated annual generation of
the Blue Diamond Project would be 1,170 gigawatt-hours.
    Applicant Contact: Mr. Rexford Wait, Control Technology, Inc., 2416
Cades Way, Vista, CA 92083; phone:<PHONE_NUMBER>.
    FERC Contact: Evan Williams; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at 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>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14804-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14804) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: April 11, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07690 Filed 4-14-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Notices]
[Page 29561-29566]
[DOCID:fr26my10-65]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0004]
[FDA 225-09-0012]

Memorandum of Understanding Between the Food and Drug
Administration and Drugs.Com

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is providing notice of
a memorandum of understanding (MOU) between FDA and Drugs.Com. The
purpose of the MOU is to extend the reach of FDA Consumer Health
Information and to provide consumers with better information and timely
content concerning public health and safety topics, including alerts of
emerging safety issues and product recalls.

DATES: The agreement became effective May 26, 2010.

FOR FURTHER INFORMATION CONTACT: Jason Brodsky, Consumer Health
Information Staff, Office of External Relations, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 5378, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 20.108(c), which
states that all written agreements and MOUs between FDA and others
shall be published in the Federal Register, the agency is publishing
notice of this MOU.

    Dated: May 17, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.

[GRAPHIC] [TIFF OMITTED] TN26MY10.008

[GRAPHIC] [TIFF OMITTED] TN26MY10.009

[GRAPHIC] [TIFF OMITTED] TN26MY10.010

[GRAPHIC] [TIFF OMITTED] TN26MY10.011

[FR Doc. 2010-12638 Filed 5-25-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17040-17042]
[FR Doc No: 2015-07357]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2011-0439; EPA-HQ-OW-2011-0442; EPA-HQ-OW-2011-0443; FRL-
9925-45-OW]

Proposed Information Collection Request; Comment Request;
Disinfectants/Disinfection Byproducts, Chemical and Radionuclides Rules
Renewal Information Collection Request; Microbial Rules Renewal
Information Collection Request; Public Water System Supervision Program
Renewal Information Collection Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) will be
submitting renewals of information collection requests (ICRs) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA; 44 U.S.C. 3501 et
seq.). The ICRs included in this renewal notice are the Microbial Rules
Renewal Information Collection Request, EPA ICR No. 1895.08, OMB
Control No. 2040-0205, which expires on August 31, 2015; the Public
Water System Supervision Program Renewal Information Collection
Request, EPA ICR No. 0270.46, OMB Control No. 2040-0090, which expires
on October 31, 2015; and the Disinfectants/Disinfection Byproducts,
Chemical and Radionuclides Rules Renewal

Information Collection Request (ICR), EPA ICR No. 1896.10, OMB Control
No. 2040-0204, which expires on December 31, 2015. EPA is soliciting
public comments on specific aspects of the proposed information
collections as described in this renewal notice. The Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

DATES: Comments must be submitted on or before June 1, 2015.

ADDRESSES: Submit your comments, referencing the Docket ID numbers
provided for each ICR listed in the SUPPLEMENTARY INFORMATION section,
online using www.regulations.gov (our preferred method), by email to
<EMAIL_ADDRESS>or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without modifications including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Kevin Roland, Drinking Water
Protection Division, Office of Ground Water and Drinking Water,
(4606M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
564-3755; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents that explain in detail
the information that the EPA will be collecting are available in the
public dockets for these ICRs. The dockets can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility and clarity of the information
to be collected; and (iv) minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses. EPA will consider the
comments received and amend the ICRs as appropriate. The final ICR
packages will then be submitted to OMB for review and approval. At that
time, EPA will issue another Federal Register notice to announce the
submission of the ICRs to OMB and the opportunity to submit additional
comments to OMB.

EPA ICR No. 1895.08, OW-2011-0442 Microbial Rules Renewal Information
Collection Request

    Abstract: The Microbial Rules Renewal ICR examines public water
system and primacy agency burden and costs for recordkeeping and
reporting requirements in support of the microbial drinking water
regulations. These recordkeeping and reporting requirements are
mandatory for compliance per the Code of Federal Regulations (CFR) at
40 CFR parts 141 and 142. The following microbial regulations are
included: the Surface Water Treatment Rule (SWTR), the Total Coliform
Rule (TCR), the Revised Total Coliform Rule (RTCR), the Interim
Enhanced Surface Water Treatment Rule (IESWTR), the Filter Backwash
Recycling Rule (FBRR), the Long Term 1 Enhanced Surface Water Treatment
Rule (LT1ESWTR), the Long Term 2 Enhanced Surface Water Treatment Rule
(LT2ESWTR), the Ground Water Rule (GWR) and the Aircraft Drinking Water
Rule (ADWR). Future microbial-related rulemakings will be added to this
consolidated ICR after the regulations are promulgated and the initial,
rule-specific, ICRs are due to expire.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are new and existing public water systems and primacy
agencies.
    Respondent's obligation to respond: Mandatory for compliance with
40 CFR parts 141 and 142.
    Estimated number of respondents: 153,083 (total).
    Frequency of response: Varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually and annually).
    Total estimated burden: 12,930,414 hours (per year). Burden is
defined in 5 CFR 1320.03(b).
    Total estimated cost: $590,507,000 (per year), includes $20,386,000
annualized capital and $115,808,000 operation and maintenance costs.
    Changes in estimates: There is no estimated increase or decrease of
hours in the total estimated respondent burden compared with that
identified in the ICR currently approved by OMB.

EPA ICR No. 0270.46, OW-2011-0443 Public Water System Supervision
Program Renewal Information Collection Request

    Abstract: The Public Water System Supervision (PWSS) Program
Renewal ICR examines public water system, primacy agency and tribal
operator certification provider burden and costs for ``cross-cutting''
recordkeeping and reporting requirements (i.e., the burden and costs
for complying with drinking water information requirements that are not
associated with contaminant-specific rulemakings). The following
activities have recordkeeping and reporting requirements that are
mandatory for compliance with 40 CFR parts 141 and 142: The Consumer
Confidence Report Rule (CCR), the Variance and Exemption Rule (V/E
Rule), General State Primacy Activities, the Public Notification Rule
(PN) and Proficiency Testing Studies for Drinking Water Laboratories.
The information collection activities for both the Operator
Certification Program and the Capacity Development Program are driven
by the grant withholding and reporting provisions under sections 1419
and 1420, respectively, of the Safe Drinking Water Act. Although the
Tribal Operator Certification Program is voluntary, the information
collection is driven by grant eligibility requirements outlined in the
Drinking Water Infrastructure Grant Tribal Set-Aside Program Final
Guidelines and the Tribal Drinking Water Operator Certification Program
Guidelines.
    Form numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are new and existing public water systems and primacy
agencies.
    Respondent's obligation to respond: Mandatory for compliance with
40 CFR parts 141 and 142.
    Estimated number of respondents: 154,938 (total).
    Frequency of response: Varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually and annually).
    Total estimated burden: 4,113,408 hours (per year). Burden is
defined in 5 CFR 1320.03(b).
    Total estimated cost: $227,666,000. This includes an estimated
burden cost

of $40,019,000 for maintenance and operational costs.
    Changes in estimates: There is no estimated increase or decrease of
hours in the total estimated respondent burden compared with that
identified in the ICR currently approved by OMB.

EPA ICR No. 1896.10, OW-2011-0439 Disinfectants/Disinfection
Byproducts, Chemical and Radionuclides Rules Information Collection
Request

    Abstract: The Disinfectants/Disinfection Byproducts, Chemical and
Radionuclides Rules ICR examines public water system and primacy agency
burden and costs for recordkeeping and reporting requirements in
support of the chemical drinking water regulations. These recordkeeping
and reporting requirements are mandatory for compliance with 40 CFR
parts 141 and 142. The following chemical regulations are included: The
Stage 1 Disinfectants and Disinfection Byproducts Rule (Stage 1 DBPR),
the Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2
DBPR), the Chemical Phase Rules (Phases II/IIB/V), the Radionuclides
Rule, the Total Trihalomethanes (TTHM) Rule, Disinfectant Residual
Monitoring and Associated Activities under the Surface Water Treatment
Rule (SWTR), the Arsenic Rule, the Lead and Copper Rule (LCR) and the
Lead and Copper Rule Short Term Revisions. Future chemical-related
rulemakings will be added to this consolidated ICR after the
regulations are promulgated and the initial, rule-specific, ICRs are
due to expire.
    Form numbers: None
    Respondents/affected entities: Entities potentially affected by
this action are new and existing public water systems and primacy
agencies.
    Respondent's obligation to respond: Mandatory for compliance with
40 CFR parts 141 and 142.
    Estimated number of respondents: 153,036.
    Frequency of response: Varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually, annually, biennially and every 3, 6
and 9 years).
    Total estimated burden: 5,734,335 hours (per year). Burden is
defined in 5 CFR 1320.03(b).
    Total estimated cost: $435,706,000 (per year), includes $4,984,000
annualized capital and $225,068,000 operation and maintenance costs.
    Changes in Estimates: There is no estimated increase or decrease of
hours in the total estimated respondent burden compared with that
identified in the ICR currently approved by OMB.

    Dated: March 20, 2015.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2015-07357 Filed 3-30-15; 8:45 am]
BILLING CODE 6560-50-P