[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69299-69301]
[FR Doc No: 2020-23884]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0445]
RIN 1625-AA87

Security Zone; San Juan, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise an existing moving
security zone for the Port of San Juan, San Juan, Puerto Rico. The
proposed revision would expand the existing moving security zone to a
200-yard radius around all cruise ships entering, departing, or
anchored in the Port of San Juan. While the cruise ships are moored at
the Port of San Juan, the security zone would remain at a 50-yard
radius around the cruise ships. This action would continue to prohibit
persons and vessels from entering, anchoring, mooring or transiting in
the security zone, unless authorized by the Coast Guard Captain of the
Port of San Juan or a designated representative. This action is
necessary to better meet the safety and security needs of the Port of
San Juan. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 2, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0445 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Natallia Lopez, Sector
San Juan Prevention Department, Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The existing regulation in 33 CFR 165.758 contains a moving
security zone of 50-yards around all cruise ships entering, departing,
moored or anchored in the Port of San Juan, Puerto Rico. On May 27,
2020, the Coast Guard received a request from Coast Guard Station San
Juan to adjust the security zone to 200-yards to provide an adequate
reaction zone for maritime security threats and hazards and to match
similar security zones in other ports.
    The purpose of this rulemaking is to ensure the safety and security
of cruise ships in the Port of San Juan while they are entering,
departing, moored, and anchored in port. The Coast Guard is proposing
this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The proposed rule wouldrevise the existing moving security zone in
Sec.  165.758 to a 200-yard radius around all cruise ships entering,
departing, or anchored in the Port of San Juan, San Juan, Puerto Rico.
Increasing the security zone from 50-yards to 200-yards while the
cruise ships are in transit or anchored would provide law enforcement
assets with more sufficient time to react in case of potential
terrorist acts, sabotage, or other subversive acts, accidents, or
hazards of a similar nature. While the cruise ships are moored, the
security zone would remain at a 50-yard radius around the cruise ships.
No vessel or person would be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking.

Below we summarize our analyses based on a number of these statutes and
Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
available exceptions to the enforcement of the security zone, and
notice to mariners. The regulated area will impact small designated
areas of navigable channels within San Juan Harbor, San Juan, Puerto
Rico. The rule will allow vessels to seek permission to enter, transit
through, anchor in, or remain within the safety zone. Additionally,
notifications to the marine community will be made through Local Notice
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and on-scene representatives. The notifications will allow the public
to plan operations around the affected areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a security
zone that would establish a 200-yard radius around all cruise ships
entering, departing, moored or anchored in the Port of San Juan, San
Juan, Puerto Rico. While cruise ships are moored, the security zone
would remain at a 50-yard radius around the cruise ships. Normally such
actions are categorically excluded from further review under paragraph
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures. A preliminary Record of Environmental
Consideration supporting this determination will be available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 is
proposing to amend 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  165.758 to read as follows:

Sec.  165.758   Security Zone; San Juan, Puerto Rico.

    (a) Regulated area. A moving and fixed security zone is established
in the following area:
    (1) The waters within a 200-yard radius around all cruise ships
entering, departing, or anchored in the Port of San Juan, Puerto Rico
beginning one mile north of the Bahia de San Juan Lighted Buoy #3, in
approximate position 18[deg]28'17.8''N, 066[deg]07'36.4''W and
continuing until the vessel passes this buoy on its departure from the
port. All coordinates are North American Datum 1983.
    (2) The waters within a 50-yard radius around all cruise ships
moored in the Port of San Juan, Puerto Rico.
    (b) Regulations. (1) No person or vessel may enter, transit or
remain in the security zone unless authorized by the Captain of the
Port (COTP), San Juan, Puerto Rico, or a designated Coast Guard
commissioned, warrant, or petty officer. Those operating in the
security zone with the COTP's authorization must comply with all lawful
orders or directions given to them by the COTP or his designated
representative.
    (2) Persons desiring to transit the area of the safety zones may
contact the COTP San Juan or his designated representative to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the COTP or his
designated representative.
    (3) Vessels encountering emergencies, which require transit through
the moving security zone, should contact the Coast Guard patrol craft
or Duty Officer on VHF Channel 16. In the event of an emergency, the
Coast Guard patrol craft may authorize a vessel to transit through the
security zone with a Coast Guard designated escort.
    (4) The Captain of the Port and the Duty Officer at Sector San
Juan, Puerto Rico, can be contacted at telephone number<PHONE_NUMBER>.
The Coast Guard Patrol Commander enforcing the safety zone can be
contacted on VHF-FM channels 16 and 22A.
    (5) Coast Guard Sector San Juan will, when necessary and
practicable, notify the maritime community of periods during which the
security zones will be in effect by providing advance notice of
scheduled arrivals and departure of cruise ships via a Marine Broadcast
Notice to Mariners.
    (6) All persons and vessels must comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.
    (c) Definition. As used in this section, cruise ship means a
passenger vessel greater than 100 feet in length that is authorized to
carry more than 150 passengers for hire, except for a ferry.

    Dated: October 23, 2020.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-23884 Filed 10-30-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Page 21381]
[FR Doc No: 2011-9153]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-E-0241]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ATRYN; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of March 21, 2011 (76 FR 15323).
The document announced the determination of the regulatory review
period for ATRYN. The document was published with an incorrect docket
number. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Joyce Strong, Office of Policy,
Planning and Budget, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 32, rm. 3208, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2011-6509, appearing on page
15323, in the Federal Register of Monday, March 21, 2011, the following
correction is made:
    1. On page 15323, in the first column, in the Docket No. heading,
``[Docket No. FDA-2010-E-0241]'' is corrected to read ``[Docket No.
FDA-2009-E-0241]''.

    Dated: April 8, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-9153 Filed 4-14-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5616-5617]
[FR Doc No: 2015-01908]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0106; Notice 2]

Oreion Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Oreion Motors, LLC (Oreion) has determined that certain 2011-
2013 Oreion Reeper low speed vehicles, do not fully comply with
paragraph S5.(b)(10) of Federal Motor Vehicle Safety Standard (FMVSS)
No. 500 which requires installation of seat belts that conform to FMVSS
No. 209, Seat Belt Assemblies. Oreion has filed an appropriate report
dated August 13, 2014, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Stuart
Seigel, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), Telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Oreion's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Oreion submitted a petition
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.
    Notice of receipt of the petition was published, with a 30-day
public comment period, on November 21, 2014 in the Federal Register (79
FR 69556). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2014-0106.''
    II. Low Speed Vehicles Involved: Affected are approximately 526
2011-2013 Oreion Reeper low speed vehicles originally manufactured with
seatbelts manufactured by Changzhou Dongchen.
    III. Noncompliance: Oreion explains that the noncompliance is that
the seatbelts installed in the subject vehicles do not fully comply
with the requirements of paragraph S5.(b)(10) of FMVSS No. 500 because
the year that the seatbelts were manufactured is not included on the
seatbelts as specified in paragraph S4.1(j) of FMVSS No. 209.
    V. Rule Text: Paragraph S5.(b) of FMVSS No. 500 requires in
pertinent part:
    (b) Each low-speed vehicle shall be equipped with:

    (10) A Type 1 or Type 2 seat belt assembly conforming to Sec.
571.209 of this part, Federal Motor Vehicle Safety Standard No. 209,
Seat belt assemblies, installed at each designated seating position.

Paragraph S4.1(j) of FMVSS No. 209 requires in pertinent part:

    S4.1(j) Marking. Each seat belt assembly shall be permanently
and legibly marked or labeled with year of manufacture, model, and
name or trademark of manufacturer or distributor, or of importer if
manufactured outside the United States. . . .

    V. Summary of Oreion's Analyses: Oreion stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety
because the lack of the year of manufacture on the seat belt labels has
no effect on the operational safety of the seat belts installed in the
subject noncompliant vehicles.
    Oreion also stated its belief that the seat belts in the subject
vehicles have functioned as designed during normal use. They contend
that this is supported by their observation that no vehicle owner has
brought their vehicle back to a dealership for seat belt related
repairs.
    Oreion stated its awareness that the year date stamp may be used
with the seat belt model number to identify seat belt assemblies
recalled by the seat belt manufacturer. In the event of a safety
related recall by the seat belt manufacturer, Oreion indicated that it
will cooperate with the seat belt manufacturer to identify the vehicle
owners of the vehicles containing affected seat belts without the need
for the year stamp on the label. Oreion believes that that the model
number and the build date of the vehicle will be sufficient to
accomplish this task.
    In summation, Oreion believes that the described noncompliance of
the subject low speed vehicle's seat belt assemblies is inconsequential
to motor vehicle safety, and that its petition, to exempt Oreion 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.

NHTSA Decision

    NHTSA Analysis: NHTSA has reviewed Oreion's analysis that the
subject noncompliance is inconsequential to motor vehicle safety.
    Paragraph S4.1(j) of FMVSS No. 209 requires that each seat belt
assembly be permanently and legibly marked or labeled with the year of
manufacture, model, and name or trademark of the manufacturer,
distributor, or the importer (if the assemblies are manufactured
outside the United States). The noncompliant vehicles are equipped with
seat belt assemblies marked with the model number ``DC-3000'', name of
manufacturer ``Changzhou Dongchen,'' what appears to be a lot number
``04 36275,'' and other markings including ``E4'', ``XIA YE'', ``DOT''
and ``Ar4m.'' NHTSA believes that should the seat belts be the subject
of a recall, the current labeling is sufficient to identify the
affected seat belts as installed in the subject vehicles, even without
the manufacturing date specified.
    In addition, not labeling the year of manufacture has no bearing on
compliance of the seat belts to the material or performance standards
specified in FMVSS No. 209 and poses no risk to motor vehicle safety.
    NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Oreion has met its burden of persuasion that the FMVSS No.
500 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Oreion's petition is hereby granted and Oreion is exempted
from the obligation of providing notification of, and a remedy for,
that noncompliance under 49 U.S.C. 03118 and 30120.
    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 allows 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. Therefore,
this decision only applies to the subject noncompliant low speed
vehicles that Oreion no longer controlled at the time it determined
that the noncompliance existed. However, the granting of this petition
does not relieve vehicle distributors and dealers of the prohibitions
on the sale, offer for sale, or introduction or delivery for
introduction into interstate commerce of the noncompliant low speed
vehicles under their control after Oreion notified them that the
subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-01908 Filed 1-30-15; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]
[Page 24003-24004]
[DOCID:fr22my09-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

May 14, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP99-176-199.
    Applicants: Natural Gas Pipeline Co of America LLC.
    Description: Natural Gas Pipeline Company of America, LLC submits
two amendments to existing negotiated rate transactions under Rate
Schedule FTS Service Agreement with Nicor Gas Company.
    Filed Date: 05/13/2009.

    Accession Number: 20090513-0283.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-245-001.
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Transcontinental Gas Pipe Line Company, LLC submits
First Revised Sheet 461 to its FERC Gas Tariff, Fourth Revised Volume
1.
    Filed Date: 05/11/2009.
    Accession Number: 20090511-0109.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-275-001.
    Applicants: Columbia Gulf Transmission Company.
    Description: NiSource Gas Transmission & Storage submits part of
its Sixth Revised Sheet 191 et al. to Second Revised Volume 1 to FERC
Gas Tariff with a proposed effective date of 6/10/09 re Columbia Gas
Transmission LLC.
    Filed Date: 05/11/2009.
    Accession Number: 20090512-0042.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-294-002.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits First Revised
Sheet 327 et al. to its FERC Gas Tariff, Third Revised Volume 1, to be
effective 6/12/09.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0189.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-367-001.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: MarkWest Pioneer, LLC submits Amendment No. 1 to the
negotiated rate agreement with Newfield Exploration Mid-Continent Inc.
    Filed Date: 05/11/2009.
    Accession Number: 20090513-0157.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-412-002.
    Applicants: Williston Basin Interstate Pipeline Co.
    Description: Williston Basin Interstate Pipeline Co submits Second
Substitute Fifteenth Revised Sheet 724 et al. to Second Revised Volume
1.
    Filed Date: 05/13/2009.
    Accession Number: 20090514-0047.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.

    Docket Numbers: RP09-574-001.
    Applicants: Colorado Interstate Gas Company.
    Description: Colorado Interstate Gas Company submits Substitute
Original Sheet 380R.02 et al. to its FERC Gas Tariff, First Revised
Volume 1, to be effective 6/1/09.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0190.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 26, 2009.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Secretary.
[FR Doc. E9-11957 Filed 5-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20783-20787]
[FR Doc No: 2022-07470]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0396; Project Identifier MCAI-2021-01050-T]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-09-13, which applies to certain ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2021-09-13, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would revise the applicability by adding airplanes. This proposed AD
would also continue to require the actions in AD 2021-09-13 and require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 23,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:

     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, 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 material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material 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 in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0396.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0396; 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 NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0396; Project Identifier
MCAI-2021-01050-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The FAA issued AD 2021-09-13, Amendment 39-21527 (86 FR 27031, May
19, 2021) (AD 2021-09-13), for certain ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2021-09-13 to prevent reduced structural integrity of the
airplane.

Actions Since AD 2021-09-13 Was Issued

    Since the FAA issued AD 2021-09-13, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0212, dated September 17, 2021
(EASA AD 2021-0212) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-400
and -500 airplanes. Model ATR42-400 airplanes are not certificated by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
    Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after March 4, 2021, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to prevent reduced structural integrity of the
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0212 describes new or more restrictive airworthiness
limitations for airplane structures and for safe life limits of the
components, among other actions not required by this AD.
    This AD would also require EASA AD 2020-0263, dated December 1,
2020, which the Director of the Federal Register approved for
incorporation by reference as of June 23, 2021 (86 FR 27031, May 19,
2021).
    This material 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA has
evaluated all pertinent information and determined an unsafe condition
exists and is likely

to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2021-09-13.
This proposed AD would also revise the applicability by adding
airplanes and require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, which are specified in EASA AD 2021-0212
described previously, as proposed for incorporation by reference.
Revising the existing maintenance or inspection program, as specified
in EASA AD 2021-0212, would terminate the retained requirements in AD
2021-09-13. Any differences with EASA AD 2021-0212 are identified as
exceptions in the regulatory text of this proposed AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(m)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0212 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0212 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0212 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0212. Service information required by EASA AD 2021-0212 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0396 after the FAA final rule is
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs/or intervals may be used unless the
actions, intervals, and CDCCLs/actions and intervals are approved as an
Alternative Methods of Compliance (AMOC) in accordance with the
procedures specified in the AMOCs paragraph under ``Additional FAA
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs/Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action, interval, or CDCCL/
action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 9 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2021-09-13 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2021-09-13, Amendment 39-21527
(86 FR 27031, May 19, 2021); and
0
b. Adding the following new AD:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2022-
0396; Project Identifier MCAI-2021-01050-T.

(a) Comments Due Date

    The FAA must receive comments by May 23, 2022.

(b) Affected ADs

    This AD replaces AD 2021-09-13, Amendment 39-21527 (86 FR 27031,
May 19, 2021) (AD 2021-09-13).

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 airplanes, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before March 4, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to prevent reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a Revised Paragraph Reference and a New Terminating
Action

    This paragraph restates the requirements of paragraph (j) of AD
2021-09-13, with a revised paragraph reference and a new terminating
action. For airplanes with an original airworthiness certificate or
original export certificate of airworthiness dated on or before July
7, 2020: Except as specified in paragraph (h) of this AD, comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0263, dated December 1, 2020 (EASA AD 2020-0263). Accomplishing
the maintenance or inspection program revision required by paragraph
(j) of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0263, With No Changes

    This paragraph restates the exceptions specified in paragraph
(k) of AD 2021-09-13, with no changes. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness dated on or before July 7, 2020, the following
exceptions apply:
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0263 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0263 specifies revising ``the
approved AMP [Aircraft Maintenance Program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after June 23, 2021 (the effective date of AD 2021-09-13).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2020-0263 is at the applicable ``thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2020-0263, or within 90 days after June 23, 2021 (the effective date
of AD 2021-09-13), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0263 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0263 does not apply
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception

    This paragraph restates the requirements of paragraph (l) of AD
2021-09-13, with a new exception. Except as required by paragraphs
(j) and (k) of this AD, after the maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections), intervals, and CDCCLs are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2020-0263.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0212, dated September 17, 2021 (EASA
AD 2021-0212). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2021-0212

    (1) Where EASA AD 2021-0212 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0212 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0212 specifies revising ``the
approved AMP [Aircraft Maintenance Program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days
after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2021-0212 is at the applicable ``limitations''
and ``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2021-0212, or within 90 days after the
effective date of this AD, whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0212 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0212 does not apply
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2021-0212.

(m) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (n)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or ATR--GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.

(n) Related Information

    (1) For EASA AD 2021-0212, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material 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
206-231-3195. This material may be found in the AD docket on

the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0396.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07470 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P