[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59798-59801]
[FR Doc No: 2013-23464]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0985; Directorate Identifier 2011-NM-250-AD;
Amendment 39-17585; AD 2013-19-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD was prompted by a report of chafing damage to
a wire bundle that was arcing to hydraulic tubing and caused by
insufficient separation between the wire bundle and the hydraulic
tubing in the main landing gear (MLG) wheel well. This AD requires an
inspection for damage of wire bundles and hydraulic tubing on the right
side of the forward bulkhead of the MLG wheel well; installation of new
clamps; and corrective actions, as applicable. We are issuing this AD
to detect and correct possible damage caused by insufficient separation
between the wire bundles and hydraulic

tubing to prevent electrical arcing in a flammable fluid leakage zone,
which could lead to a wheel well fire.

DATES: This AD is effective November 4, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 4,
2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 address for the
Docket Office (phone:<PHONE_NUMBER>) is Document 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 20590.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM published in the Federal Register on September 20, 2012 (77 FR
58334). The NPRM proposed to require an inspection for damage of wire
bundles and hydraulic tubing on the right side of the forward bulkhead
of the MLG wheel well; installation of new clamps; and corrective
actions, as applicable.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 58334, September 20, 2012) and the FAA's response to each
comment.

Request To Refer to Revised Service Information

    United Airlines (United) requested that we refer to the latest
revision of the service information in this final rule.
    We agree with United's request, since Boeing has issued Special
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29,
2013. That service information removes airplanes from the effectivity,
which were reworked during production and on which the change specified
in Boeing Special Attention Service Bulletin 737-29-1113, Revision 1,
dated March 29, 2013, has already been incorporated. We have revised
paragraph (g) of this final rule to refer to that revised service
information, added a new paragraph (h) to this final rule to allow
credit for previous actions done using Boeing Special Attention Service
Bulletin 737-29-1113, dated March 23, 2011. Subsequent paragraphs have
been redesignated accordingly.

Request To Clarify Source of Applicability Exclusions

    American Airlines (American), Delta Airlines (Delta), and United
requested that we revise the NPRM (77 FR 58334, September 20, 2012) to
clarify the source of the airplane line numbers excluded from the
applicability paragraph which do not appear in Boeing Special Attention
Service Bulletin 737-29-1113, dated March 23, 2011, or in Boeing
Service Bulletin Information Notice 737-29-1113 IN 01, dated May 20,
2011, and correct the source of the applicability information in the
``Differences Between the Proposed AD and the Service Information''
paragraph.
    We partially agree. Boeing identified those airplanes that were
reworked during production, and communicated the excluded line numbers
to the FAA prior to the issuance of the NPRM (77 FR 58334, September
20, 2012). Boeing Special Attention Service Bulletin 737-29-1113,
Revision 1, dated March 29, 2013, reduced the number of affected
airplanes. We have revised paragraph (c) of this final rule to identify
those airplanes which are affected by this AD. Because the
``Differences Between Proposed AD and the Service Information''
paragraph is not restated in the preamble of the final rule, we have
not made any change to the final rule in that regard.

Request To Simplify Applicability

    United requested that the applicability statement of the NPRM (77
FR 58334, September 20, 2012) be simplified to clearly state which
airplanes are affected by the AD.
    We agree with United's request. We have revised paragraph (c) of
this final rule to match the line numbers as listed in Boeing Special
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29,
2013. We have coordinated this change with Boeing.

Request To Clarify Applicability

    United requested that the applicability statement of the NPRM (77
FR 58334, September 20, 2012) be clarified since it differs from the
service bulletin. United stated that Boeing Special Attention Service
Bulletin 737-29-1113, dated March 23, 2011, contains a conditional
statement for the required clamp installation based on whether there is
sufficient separation between the wire bundle and hydraulic tubing.
United reasoned that operators may elect not to install new clamps if
they find sufficient separation between the wire bundling and hydraulic
tubing.
    We disagree with United's request because the NPRM (77 FR 58334,
September 20, 2012) did not include the implied conditional
applicability. This final rule applies to all airplanes listed in
paragraph (c) of this AD regardless of separation between the hydraulic
tubing and wire bundles. We have changed paragraph (c) of this AD to
match the line numbers as listed in Boeing Special Attention Service
Bulletin 737-29-1113, Revision 1, dated March 29, 2013, since this new
revision of the service bulletin was released since the issuance of the
NPRM.

Request To Verify Excluded Airplane Line Numbers (L/Ns) Are Correct

    American and Delta requested that the FAA verify the excluded
airplane L/Ns are correct in paragraph (c) ``Applicability'' of the
NPRM (77 FR 58334, September 20, 2012) because there were discrepancies
between the NPRM, Boeing Service Bulletin Information Notice (IN) 737-
29-1113 IN 01, dated May 20, 2011, and Boeing Special Attention Service
Bulletin 737-29-1113, dated March 23, 2011. American and Delta stated
they had airplanes that should not be included in the effectivity since
they did not have the hydraulic tubing that is referred to in the
service information installed. American and Delta confirmed through a
review of the applicable airplane illustrated parts catalogs that
certain L/Ns did not have the hydraulic tubing

installed (i.e. American L/Ns 3307, 3328, 3334, 3340, and 3347; Delta
L/N 3338). American stated that two of its airplanes did have the
hydraulic tubing installed (American L/Ns 3291 and 3298).
    We agree to provide clarification. The airplane L/Ns listed by both
American and Delta are excluded airplane L/Ns. The FAA has verified
with Boeing that the correct airplane L/Ns are listed in the NPRM (77
FR 58334, September 20, 2012) and match the airplane L/Ns in Boeing
Special Attention Service Bulletin 737-29-1113, Revision 1, dated March
29, 2013. As stated previously, we have revised paragraph (c) of this
final rule to identify those airplanes that are affected by this AD.
This change has been coordinated with Boeing.

Request To Add Inspection for Clamps Already Installed

    United requested that the NPRM (77 FR 58334, September 20, 2012) be
revised to include an inspection to look for clamps already installed
prior to performing the required work, and if found, to check the part
number of the subject clamp. United stated that if the clamp is not a
part number listed in Boeing Special Attention Service Bulletin 737-29-
1113, Revision 1, dated March 29, 2013, it should be replaced. United
stated it found at least one aircraft with clamps installed on the
right side of the forward bulkhead of the MLG wheel well and that it
has revised its work instructions to include the clamp installation and
part number inspection.
    We disagree with United's request to add an inspection to look for
clamps already installed prior to performing the required work because
Boeing has confirmed that the airplane mentioned by United is among
those listed as an excluded line number, meaning it was already
reworked during production. Because both this final rule and Boeing
Special Attention Service Bulletin 737-29-1113, Revision 1, dated March
29, 2013, require installation of new clamps with the correct part
number, we have not made any change to this final rule in that regard.

Statement Regarding Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of
winglets per supplemental type certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the actions specified in the NPRM (77 FR 58334, September
20, 2012).
    We concur. We have redesignated paragraph (c) of the NPRM (77 FR
58334, September 20, 2012) as paragraph (c)(1) in this final rule,
added paragraph (c)(2) to this final rule, which states that STC
ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST00830SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of Section
39.17 of the Federal Aviation Regulations (14 CFR 39.17). For all other
AMOC requests, the operator must request approval of an AMOC in
accordance with the procedures specified in paragraph (i) of this AD.

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:
     [Agr]re consistent with the intent that was proposed in
the NPRM (77 FR 58334, September 20, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 58334, September 20, 2012).
    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 520 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and installation.........  2 work-hours x $85 per               $0             $170          $88,400
                                       hour = $170.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
labor cost estimates for the on-condition actions (repairing or
replacing of damaged wire bundles and damaged hydraulic tubing)
specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

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

    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, 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.

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):

2013-19-03 The Boeing Company: Amendment 39-17585; Docket No. FAA-
2012-0985; Directorate Identifier 2011-NM-250-AD.

(a) Effective Date

    This AD is effective November 4, 2013.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, line numbers (L/Ns) 1060 through 3289 inclusive, and 3294,
but excluding L/Ns 3138, 3158, 3169, 3175, 3216, 3224, 3253, and
3274.
    (2) Installation of Supplemental Type Certificate (STC)
ST00830SE(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 29, Hydraulic Power.

(e) Unsafe Condition

    This AD was prompted by a report of chafing damage to a wire
bundle that was arcing to hydraulic tubing and caused by
insufficient separation between the wire bundle and the hydraulic
tubing in the main landing gear (MLG) wheel well. We are issuing
this AD to detect and correct possible damage caused by insufficient
separation between the wire bundles and hydraulic tubing to prevent
electrical arcing in a flammable fluid leakage zone, which could
lead to a wheel well fire.

(f) Compliance

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

(g) Inspection and Installation

    Within 24 months after the effective date of this AD: Do a
general visual inspection of hydraulic tubing having part numbers
(P/Ns) 272A4451-136 and 272A4451-137, and wire bundles W6128, W7122,
W8122, and W8222 for wire chafing or damage, install new clamps in
the right MLG wheel well, and do all applicable corrective actions,
in accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-29-1113, Revision 1, dated March 29,
2013. All corrective actions must be done before further flight.

(h) Credit for Previous Actions

    This paragraph provides credit for the corresponding actions
specified in paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Boeing Special
Attention Service Bulletin 737-29-1113, dated March 23, 2011, which
is not incorporated by reference in this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in but not incorporated by
reference in this AD may be obtained at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-29-1113,
Revision 1, dated March 29, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the 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<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 10, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-23464 Filed 9-27-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Proposed Rules]
[Pages 53801-53802]
[FR Doc No: 2012-21639]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. FDA-2011-F-0765]

Nexira; Filing of Food Additive Petition; Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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SUMMARY: The Food and Drug Administration (FDA) is amending the filing
notice for a food additive petition filed by Nexira proposing that the
food additive regulations be amended to provide for the expanded safe
use of acacia gum (gum arabic) in foods.

DATES: Submit either electronic or written comments on the petitioner's
environmental assessment by October 4, 2012.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-

305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ellen Anderson, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register on December 20, 2011 (76 FR 78866), FDA announced that a food
additive petition (FAP 1A4784) had been filed by Nexira, c/o Keller and
Heckman LLP, 1001 G St. NW., Suite 500 West, Washington, DC 20001. The
petition proposes to amend the food additive regulations in Sec.
172.780 Acacia (gum arabic) (21 CFR 172.780) to provide for the
expanded safe use of acacia gum (gum arabic) in food.
    Under 21 CFR 171.1(c)(H), either a claim of categorical exclusion
under 21 CFR 25.30 or Sec.  25.32 (21 CFR 25.32) or an environmental
assessment under 21 CFR 25.40 is required to be submitted in a food
additive petition. A claim of categorical exclusion under Sec.
25.32(k) was submitted with the petition, which applies to substances
added directly to food that are intended to remain in food through
ingestion by consumers and that are not intended to replace
macronutrients in food. The Agency reviewed the claim of categorical
exclusion submitted by the petitioner and stated in the original filing
notice its determination that, under Sec.  25.32(k), the proposed
action was of a type that does not individually or cumulatively have a
significant effect on the human environment, and therefore, neither an
environmental assessment nor an environmental impact statement is
required.
    However, upon further review of the petition, the Agency has
decided that the food additive may act to replace macronutrients in
food and, therefore, the categorical exclusion in Sec.  25.32(k) is not
applicable for the proposed action. The Agency informed the petitioner
of this decision, who subsequently submitted an environmental
assessment.
    The potential environmental impact of this petition is being
reviewed. To encourage public participation consistent with regulations
issued under the National Environmental Policy Act (40 CFR 1501.4(b)),
the Agency is placing the environmental assessment submitted with the
petition that is the subject of this notice on public display at the
Division of Dockets Management (see DATES and ADDRESSES) for public
review and comment.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday. FDA will
also place on public display any amendments to, or comments on, the
petitioner's environmental assessment without further announcement in
the Federal Register. If, based on its review, the Agency finds that an
environmental impact statement is not required, and this petition
results in a regulation, the notice of availability of the Agency's
finding of no significant impact and the evidence supporting that
finding will be published with the regulation in the Federal Register
in accordance with 21 CFR 25.51(b).

    Dated: August 28, 2012.
Dennis M. Keefe,
Director, Office of Food Additive Safety, Center for Food Safety and
Applied Nutrition.
[FR Doc. 2012-21639 Filed 8-31-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66914-66915]
[FR Doc No: 2013-26660]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14543-000]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications;
Hydro Green Energy, LLC

    On August 5, 2013, Hydro Green Energy, LLC, 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 Fort Ross Project
to be located near the town of Jenner, Sonoma County, California. 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 consist of the following: (1) A 30-foot-
high, 3,881-foot-long upper earthen embankment constructed with rubber
sheet and asphalt lining; (2) an upper reservoir having a total/usable
storage capacity of 5,399 acre-feet at normal maximum operation
elevation of 1,700 feet above mean sea level; (3) four 19,000-foot-long
by 10-foot-diameter steel lined penstocks connecting the upper
reservoir to the Pacific Ocean; (4) a 500-foot-long, 250-foot-diameter
concrete lined tailrace; (5) a concrete and steel lined pressure shaft;
(6) five 254-megawatt, reversible variable-speed pump-turbines; (7) a
new powerhouse and substation located approximately 100 feet below
ground and approximately 250 feet long by 75 feet wide by 100 feet
high; (8) a vertical access tunnel approximately 400 feet high and 30
feet in diameter; (9) a breakwater constructed from precast concrete
tetrapods; and (10) a new single-circuit 230-kilovolt transmission line
approximately 24.7 miles in length. The estimated annual generation of
the Fort Ross Project would be 3,714.4 gigawatt-hours.
    Applicant Contact: Mr. Mark Stover, Hydro Green, LLC, 900 Oakmont
Lane, Suite 310, Westmont, IL 60559; phone:<PHONE_NUMBER> ext. 709.
    FERC Contact: Mary Greene; 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-14543-000.
    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-14543) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: October 31, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-26660 Filed 11-6-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Proposed Rules]
[Page 21876]
[FR Doc No: 2014-08863]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 /
Proposed Rules

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2013-0010]
RIN 1218-AC80

Record Requirements in the Mechanical Power Presses Standard

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; withdrawal.

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SUMMARY: With this notice, OSHA is withdrawing the proposed rule that
accompanied its direct final rule revising the record requirements
contained in the Mechanical Power Presses Standard.

DATES: Effective April 18, 2014, OSHA is withdrawing the proposed rule
published November 20, 2013 (78 FR 69606).

FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Contact Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Technical information: Contact Todd Owen, Directorate of Standards
and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1941; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice:
Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This Federal Register notice, as well as
news releases and other relevant information, also is available at
OSHA's Web page at http://www.osha.gov.
    Withdrawal of the proposal: On November 20, 2013, OSHA published a
companion proposed rule (NPRM) along with the direct final rule (DFR)
(see 78 FR 69543) revising the record requirements contained in the
Mechanical Power Presses Standard. In the DFR, OSHA stated that it
would withdraw the companion NPRM and confirm the effective date of the
final rule if it received no significant adverse comments to the DFR by
the close of the comment period, December 20, 2013. OSHA received two
comments on the DFR by that date, neither of which were significant
adverse comments (see ID: OSHA-2013-0010-0003 and OSHA-2013-0010-0004
in the docket for this rulemaking). Accordingly, OSHA is withdrawing
the proposed rule. In addition, OSHA is publishing a separate Federal
Register notice confirming the effective date of the final rule.

List of Subjects in 29 CFR Part 1910

    Mechanical power presses, Occupational safety and health, Safety.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, authorized the
preparation of this document. OSHA is issuing this document pursuant to
29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of Labor's Order
1-2012 (77 FR 3912), and 29 CFR part 1911.

    Signed at Washington, DC, on April 14, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08863 Filed 4-17-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54109-54113]
[FR Doc No: 2016-19293]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1635]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report

in effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The flood hazard
determination information may be changed during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 2, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and  case      officer  of        Community map        letter of  map       Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Shelby.................  City of Alabaster    The Honorable       Building Safety     http://                Sep. 8, 2016.........       010192
                                   (16-04-2252P).       Marty Handlon,      Department, 200     www.msc.fema.gov/
                                                        Mayor, City of      Depot Street,       lomc.
                                                        Alabaster, 1953     Alabaster, AL
                                                        Municipal Way,      35007.
                                                        Alabaster, AL
                                                        35007.
Arkansas:
    Washington..................  City of Johnson (15- The Honorable       City Hall, 2904     http://                Sep. 8, 2016.........       050218
                                   06-2898P).           Chris Keeney,       Main Drive,         www.msc.fema.gov/
                                                        Mayor, City of      Johnson, AR 72704.  lomc.
                                                        Johnson, P.O. Box
                                                        563, Johnson, AR
                                                        72704.
    Washington..................  City of Springdale   The Honorable Doug  Planning and        http://                Sep. 8, 2016.........       050219
                                   (15-06-2898P).       Sprouse, Mayor,     Community           www.msc.fema.gov/
                                                        City of             Development         lomc.
                                                        Springdale, 201     Department, 201
                                                        Spring Street,      Spring Street,
                                                        Springdale, AR      Springdale, AR
                                                        72764.              72764.
Connecticut: Fairfield..........  Town of Stratford    The Honorable John  Engineering         http://                Aug. 5, 2016.........       090016
                                   (15-01-1945P).       A. Harkins,         Department, 2725    www.msc.fema.gov/
                                                        Mayor, Town of      Main Street,        lomc.
                                                        Stratford, 2725     Stratford, CT
                                                        Main Street,        06615.
                                                        Stratford, CT
                                                        06615.
Florida:
    Broward.....................  City of Hollywood    The Honorable       Planning Division,  http://                Sep. 7, 2016.........       125113
                                   (15-04-6825P).       Peter J. M.         2600 Hollywood      www.msc.fema.gov/
                                                        Bober, Mayor,       Boulevard, Suite    lomc.
                                                        City of             304, Hollywood,
                                                        Hollywood, 2600     FL 33020.
                                                        Hollywood
                                                        Boulevard, Suite
                                                        403, Hollywood,
                                                        FL 33020.
    Hillsborough................  City of Tampa (16-   The Honorable Bob   Development         http://                Aug. 23, 2016........       120114
                                   04-2659P).           Buckhorn, Mayor,    Services Center,    www.msc.fema.gov/
                                                        City of Tampa,      1400 North          lomc.
                                                        306 East Jackson    Boulevard, Tampa,
                                                        Street, Tampa, FL   FL 33607.
                                                        33602.
    Lee.........................  Unincorporated       The Honorable       Lee County          http://                Sep. 7, 2016.........       125124
                                   areas of Lee         Frank Mann,         Building            www.msc.fema.gov/
                                   County (15-04-       Chairman, Lee       Department, 1500    lomc.
                                   9900P).              County Board of     Monroe Street,
                                                        Commissioners,      Fort Myers, FL
                                                        P.O. Box 398,       33901.
                                                        Fort Myers, FL
                                                        33902.

    Lee.........................  Unincorporated       The Honorable       Lee County          http://                Sep. 5, 2016.........       125124
                                   areas of Lee         Frank Mann,         Building            www.msc.fema.gov/
                                   County (16-04-       Chairman, Lee       Department, 1500    lomc.
                                   2127P).              County Board of     Monroe Street,
                                                        Commissioners,      Fort Myers, FL
                                                        P.O. Box 398,       33901.
                                                        Fort Myers, FL
                                                        33902.
    Lee.........................  Unincorporated       The Honorable       Lee County          http://                Sep. 6, 2016.........       125124
                                   areas of Lee         Frank Mann,         Building            www.msc.fema.gov/
                                   County (16-04-       Chairman, Lee       Department, 1500    lomc.
                                   2912P).              County Board of     Monroe Street,
                                                        Commissioners,      Fort Myers, FL
                                                        P.O. Box 398,       33901.
                                                        Fort Myers, FL
                                                        33902.
    Miami-Dade..................  Village of Miami     The Honorable       Planning and        http://                Sep. 9, 2016.........       120652
                                   Shores Village (15-  Alice Burch,        Zoning              www.msc.fema.gov/
                                   04-5104P).           Mayor, Village of   Department, 10050   lomc.
                                                        Miami Shores        Northeast 2nd
                                                        Village, 10050      Avenue, Miami
                                                        Northeast 2nd       Shores Village,
                                                        Avenue, Miami       FL 33138.
                                                        Shores Village,
                                                        FL 33138.
    Monroe......................  City of Key West     The Honorable       Building            http://                Sep. 9, 2016.........       125129
                                   (16-04-3139P).       Craig Cates,        Department, 3140    www.msc.fema.gov/
                                                        Mayor, City of      Flagler Avenue,     lomc.
                                                        Key West, P.O.      Key West, FL
                                                        Box 1409, Key       33040.
                                                        West, FL 33041.
    Monroe......................  Unincorporated       The Honorable       Monroe County       http://                Aug. 25, 2016........       125129
                                   areas of Monroe      Heather             Building            www.msc.fema.gov/
                                   County (16-04-       Carruthers,         Department, 2798    lomc.
                                   3138P).              Mayor, Monroe       Overseas Highway,
                                                        County Board of     Suite 300, Key
                                                        Commissioners,      West, FL 33050.
                                                        500 Whitehead
                                                        Street, Suite
                                                        102, Key West, FL
                                                        33040.
    Monroe......................  Unincorporated       The Honorable       Monroe County       http://                Sep. 1, 2016.........       125129
                                   areas of Monroe      Heather             Building            www.msc.fema.gov/
                                   County (16-04-       Carruthers,         Department, 2798    lomc.
                                   3255P).              Mayor, Monroe       Overseas Highway,
                                                        County Board of     Suite 300, Key
                                                        Commissioners,      West, FL 33050.
                                                        500 Whitehead
                                                        Street, Suite
                                                        102, Key West, FL
                                                        33040.
    St. Johns...................  Unincorporated       The Honorable Jeb   St. Johns County    http://                Sep. 5, 2016.........       125147
                                   areas of St. Johns   Smith, Chairman,    Administration      www.msc.fema.gov/
                                   County (15-04-       St. Johns County    Building, 4020      lomc.
                                   4235P).              Board of            Lewis Speedway,
                                                        Commissioners,      St. Augustine, FL
                                                        500 San Sebastian   32084.
                                                        View, St.
                                                        Augustine, FL
                                                        32084.
Georgia: Grady..................  Unincorporated       The Honorable       Grady County Code   http://                Aug. 18, 2016........       130096
                                   areas of Grady       Charlie Norton,     Enforcement         www.msc.fema.gov/
                                   County (16-04-       Chairman, Grady     Division, 250       lomc.
                                   0690P).              County Board of     North Broad
                                                        Commissioners,      Street, Cairo, GA
                                                        250 North Broad     39828.
                                                        Street, Cairo, GA
                                                        39828.
Maryland: Frederick.............  City of Frederick    The Honorable       Engineering         http://                Aug. 31, 2016........       240030
                                   (16-03-0095P).       Randy McClement,    Department, 140     www.msc.fema.gov/
                                                        Mayor, City of      West Patrick        lomc.
                                                        Frederick, 101      Street,
                                                        North Court         Frederick, MD
                                                        Street,             21701.
                                                        Frederick, MD
                                                        21701.
Mississippi:
    Rankin......................  City of Flowood (16- The Honorable Gary  Engineering         http://                Aug. 18, 2016........       280289
                                   04-1696P).           Rhoads, Mayor,      Department, 109     www.msc.fema.gov/
                                                        City of Flowood,    Woodline Drive,     lomc.
                                                        P.O. Box 320069,    Flowood, MS 39232.
                                                        Flowood, MS 39232.
    Rankin......................  City of Jackson (16- The Honorable Tony  Public Works        http://                Aug. 18, 2016........       280072
                                   04-1696P).           Yarber, Mayor,      Department, 200     www.msc.fema.gov/
                                                        City of Jackson,    South President     lomc.
                                                        P.O. Box 17,        Street, Jackson,
                                                        Jackson, MS 39205.  MS 39205.
Montana: Stillwater.............  Unincorporated       The Honorable       Floodplain          http://                Sep. 9, 2016.........       300078
                                   areas of             Dennis Shupak,      Administrator's     www.msc.fema.gov/
                                   Stillwater County    Chairman,           Office, 431         lomc.
                                   (15-08-0567P).       Stillwater County   Quarry Road,
                                                        Board of            Columbus, MT
                                                        Commissioners,      59019.
                                                        400 East 3rd
                                                        Avenue North,
                                                        Columbus, MT
                                                        59019.
North Dakota:
    Dunn........................  City of Killdeer     The Honorable       Planning and        http://                Jul. 18, 2016........       380030
                                   (16-08-0302X).       Chuck Muscha,       Zoning              www.msc.fema.gov/
                                                        President, City     Department, 165     lomc.
                                                        of Killdeer         Railroad Street,
                                                        Council, P.O. Box   Killdeer, ND
                                                        270, Killdeer, ND   58640.
                                                        58640.
    Dunn........................  Unincorporated       The Honorable       Dunn County         http://                Jul. 18, 2016........       380026
                                   areas of Dunn        Reinhard Hauck,     Planning and        www.msc.fema.gov/
                                   County (16-08-       Chairman, Dunn      Zoning              lomc.
                                   0302X).              County Board of     Department, 205
                                                        Commissioners,      Owens Street,
                                                        205 Owens Street,   Manning, ND 58642.
                                                        Manning, ND 58642.

Oklahoma: Oklahoma..............  City of Edmond (15-  The Honorable       Engineering/        http://                Sep. 8, 2016.........       400252
                                   06-2036P).           Charles Lamb,       Drainage Utility    www.msc.fema.gov/
                                                        Mayor, City of      Department, 10      lomc.
                                                        Edmond, P.O. Box    South Littler
                                                        2970, Edmond, OK    Avenue, Edmond,
                                                        73083.              OK 73084.
Rhode Island:
    Washington..................  Town of Charlestown  The Honorable       Building Officials  http://                Aug. 26, 2016........       445395
                                   (15-01-2168P).       Thomas B. Gentz,    Office, 4540        www.msc.fema.gov/
                                                        President, Town     South County        lomc.
                                                        of Charlestown      Trail,
                                                        Council, 4540       Charlestown, RI
                                                        South County        02813.
                                                        Trail,
                                                        Charlestown, RI
                                                        02813.
    Washington..................  Town of Richmond     The Honorable       Town Hall, 5        http://                Aug. 26, 2016........       440031
                                   (15-01-2168P).       Henry               Richmond            www.msc.fema.gov/
                                                        Oppenheimer,        Townhouse Road,     lomc.
                                                        President, Town     Wyoming, RI 02898.
                                                        of Richmond
                                                        Council, 5
                                                        Richmond
                                                        Townhouse Road,
                                                        Wyoming, RI 02898.
South Dakota: Lawrence..........  City of Spearfish    The Honorable Dana  City Hall, 625 5th  http://                Sep. 5, 2016.........       460046
                                   (16-08-0178P).       Boke, Mayor, City   Street,             www.msc.fema.gov/
                                                        of Spearfish, 625   Spearfish, SD       lomc.
                                                        5th Street,         57783.
                                                        Spearfish, SD
                                                        57783.
Tennessee: Blount...............  City of Maryville    The Honorable Tom   Engineering and     http://                Aug. 24, 2016........       475439
                                   (16-04-1499P).       Taylor, Mayor,      Public Works        www.msc.fema.gov/
                                                        City of             Department, 416     lomc.
                                                        Maryville, 404      West Broadway
                                                        West Broadway       Avenue,
                                                        Avenue,             Maryville, TN
                                                        Maryville, TN       37801.
                                                        37801.
Texas:
    Comal.......................  Unincorporated       The Honorable       Comal County        http://                Aug. 25, 2016........       485463
                                   areas of Comal       Sherman Krause,     Engineering         www.msc.fema.gov/
                                   County (15-06-       Comal County        Department, 195     lomc.
                                   4497P).              Judge, 150 North    David Jonas
                                                        Seguin Avenue,      Drive, New
                                                        New Braunfels, TX   Braunfels, TX
                                                        78130.              78132.
    Comal.......................  Unincorporated       The Honorable       Comal County        http://                Aug. 24, 2016........       485463
                                   areas of Comal       Sherman Krause,     Engineering         www.msc.fema.gov/
                                   County (16-06-       Comal County        Department, 195     lomc.
                                   0368P).              Judge, 150 North    David Jonas
                                                        Seguin Avenue,      Drive, New
                                                        New Braunfels, TX   Braunfels, TX
                                                        78130.              78132.
    Dallas......................  City of Grand        The Honorable Ron   City Development    http://                Aug. 22, 2016........       485472
                                   Prairie (16-06-      Jensen, Mayor,      Center, 206 West    www.msc.fema.gov/
                                   1120P).              City of Grand       Church, Grand       lomc.
                                                        Prairie, P.O. Box   Prairie, TX 75050.
                                                        534045, Grand
                                                        Prairie, TX 75053.
    Fort Bend...................  City of Rosenberg    The Honorable       City Hall, 2220     http://                Aug. 25, 2016........       480232
                                   (14-06-4590P).       Cynthia A.          4th Street,         www.msc.fema.gov/
                                                        McConathy, Mayor,   Rosenberg, TX       lomc.
                                                        City of             77471.
                                                        Rosenberg, 2110
                                                        4th Street,
                                                        Rosenberg, TX
                                                        77471.
    Harris......................  City of Houston (16- The Honorable       Floodplain          http://                Aug. 26, 2016........       480296
                                   06-1652P).           Sylvester Turner,   Management          www.msc.fema.gov/
                                                        Mayor, City of      Office, 1002        lomc.
                                                        Houston, P.O. Box   Washington
                                                        1562, Houston, TX   Avenue, 3rd
                                                        77251.              Floor, Houston,
                                                                            TX 77002.
    Hood........................  City of Granbury     The Honorable Nin   City Hall, 116      http://                Aug. 18, 2016........       480357
                                   (15-06-0390P).       Hulett, Mayor,      West Bridge         www.msc.fema.gov/
                                                        City of Granbury,   Street, Granbury,   lomc.
                                                        116 West Bridge     TX 76048.
                                                        Street, Granbury,
                                                        TX 76048.
    Hood........................  Unincorporated       The Honorable       Hood County         http://                Aug. 18, 2016........       480356
                                   areas of Hood        Darrell             Environmental       www.msc.fema.gov/
                                   County (15-06-       Cockerham, Hood     Health              lomc.
                                   0390P).              County Judge, 100   Department, 201
                                                        East Pearl          West Bridge
                                                        Street, Granbury,   Street, Granbury,
                                                        TX 76048.           TX 76048.
    Tarrant.....................  Unincorporated       The Honorable B.    Tarrant County      http://                Sep. 8, 2016.........       480582
                                   areas of Tarrant     Glen Whitley,       Transportation      www.msc.fema.gov/
                                   County (15-06-       Tarrant County      Services            lomc.
                                   4328P).              Judge, 100 East     Department, 100
                                                        Weatherford         East Weatherford
                                                        Street, Suite       Street, Suite
                                                        501, Fort Worth,    401, Fort Worth,
                                                        TX 76196.           TX 76196.
    Travis......................  Unincorporated       The Honorable       Travis County       http://                Sep. 5, 2016.........       481026
                                   areas of Travis      Sarah Eckhardt,     Engineering         www.msc.fema.gov/
                                   County (15-06-       Travis County       Department, 700     lomc.
                                   4241P).              Judge, P.O. Box     Lavaca Street,
                                                        1748, Austin, TX    5th Floor,
                                                        78767.              Austin, TX 78701.
    Webb........................  City of Laredo (14-  The Honorable Pete  Planning and        http://                Sep. 6, 2016.........       480651
                                   06-3761P).           Saenz, Mayor,       Zoning              www.msc.fema.gov/
                                                        City of Laredo,     Department, 1120    lomc.
                                                        P.O. Box 579,       San Bernardo
                                                        Laredo, TX 78042.   Avenue, Laredo,
                                                                            TX 78040.
Utah:

    Cache.......................  City of Hyrum (16-   The Honorable       City Hall, 60 West  http://                Sep. 7, 2016.........       490017
                                   08-0057P).           Stephanie Miller,   Main Street,        www.msc.fema.gov/
                                                        Mayor, City of      Hyrum, UT 84319.    lomc.
                                                        Hyrum, 60 West
                                                        Main Street,
                                                        Hyrum, UT 84319.
    Salt Lake...................  City of Draper (15-  The Honorable Troy  City Hall, 1020     http://                Sep. 7, 2016.........       490244
                                   08-1373P).           K. Walker, Mayor,   East Pioneer        www.msc.fema.gov/
                                                        City of Draper,     Road, Draper, UT    lomc.
                                                        1020 East Pioneer   84020.
                                                        Road, Draper, UT
                                                        84020.
Virginia:
     Loudoun....................  Unincorporated       The Honorable       Loudoun County      http://                Aug. 25, 2016........       510090
                                   areas of Loudoun     Phyllis J.          Department of       www.msc.fema.gov/
                                   County (15-03-       Randall, Chair,     Building and        lomc.
                                   2804P).              Loudoun County      Development, 1
                                                        Board of            Harrison Street
                                                        Supervisors, P.O.   Southeast,
                                                        Box 7000,           Leesburg, VA
                                                        Leesburg, VA        20175.
                                                        20177.
    Loudoun.....................  Unincorporated       The Honorable       Loudoun County      http://                Sep. 9, 2016.........       510090
                                   areas of Loudoun     Phyllis J.          Department of       www.msc.fema.gov/
                                   County (16-03-       Randall, Chair,     Building and        lomc.
                                   0299P).              Loudoun County      Development, 1
                                                        Board of            Harrison Street
                                                        Supervisors, P.O.   Southeast,
                                                        Box 7000,           Leesburg, VA
                                                        Leesburg, VA        20175.
                                                        20177.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-19293 Filed 8-12-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13375-13377]
[FR Doc No: 2014-05136]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Waiver of Autonomous Reentry Restriction for a Reentry Vehicle

AGENCY: Office of Commercial Space Transportation; Federal Aviation
Administration (FAA), DOT.

ACTION: Notice of waiver.

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

SUMMARY: This notice concerns three petitions for waiver related to the
launch and reentry of an Orion Multi-Purpose Crew Vehicle. In the first
of these petitions, United Launch Alliance (ULA) requested a waiver of
the FAA's requirement that the expected number of casualties for a
launch not exceed 0.00003 casualties (Ec <= 30 x
10-\6\) from debris. For the second and third petitions,
Lockheed Martin (Lockheed) requested waivers of the FAA's regulatory
requirements that (1) the expected number of casualties for the entire
mission, including launch and reentry, not exceed 30 x
10-\6\ casualties from debris; and (2) an operator only
initiate reentry of a reentry vehicle by command. The FAA elects to
consider all three petitions together because all three involve the
same essential facts and risk analyses. The FAA grants all three
petitions.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this waiver, contact Charles P. Brinkman, Aerospace Engineer, AST-200,
Office of Commercial Space Transportation (AST), Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>For legal
questions concerning this waiver, contact Laura Montgomery, Manager,
Space Law Branch (AGC-250), Regulations Division, Office of the Chief
Counsel, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Lockheed and ULA are private commercial space flight companies.
Lockheed entered into a contract with the National Aeronautics and
Space Administration (NASA) to provide the first orbital flight test
for NASA's Orion Multi-Purpose Crew Vehicle Program. Lockheed has
contracted with ULA to provide launch services for the mission.
    The FAA is responsible for licensing, in relevant part, the launch
of a launch vehicle and the reentry of a reentry vehicle, under
authority granted to the Secretary of Transportation by 51 USC Subtitle
V, chapter 509 (Chapter 509), and delegated to the FAA's Administrator
and Associate Administrator for Commercial Space Transportation.
    The mission at issue in this notice is Orion Exploration Flight
Test 1, launching from Cape Canaveral Air Force Station in Florida. The
mission tests the Orion Multi-Purpose Crew Vehicle in an un-crewed,
limited-capability configuration, and serves as a stepping stone
towards a crew-capable vehicle that would enable human exploration
missions beyond Earth orbit. The mission is comprised of a launch,
which is conducted by ULA, and a reentry, which is conducted by
Lockheed. The launch vehicle is ULA's Delta IV Heavy launch vehicle,
which consists of a Common Booster Core (CBC) as the first stage with
two additional strap-on CBCs and a Delta IV Cryogenic Second Stage
(DCSS). The first burn of the DCSS places the Orion and the DCSS in
orbit, and a second DCSS burn places the Orion into a highly
elliptical, negative-perigee trajectory, to simulate the thermal
conditions and high reentry speeds the module would experience
returning from missions beyond Earth orbit. After separating from the
DCSS, the Orion module reenters over the eastern Pacific Ocean,
splashing down 231 nautical miles west of Baja California, Mexico.
    Section 417.107(b)(1) of Title 14 of the Code of Federal
Regulations (14 CFR) prohibits the launch of a launch vehicle if the
expected casualty (Ec) for the flight exceeds 30 x
10-\6\ for, in relevant part, impacting inert and explosive
debris (debris). On February 27, 2014, ULA petitioned for a waiver
because the launch has a debris risk of 163 x 10-\6\.
    Section 435.35 establishes acceptable risk for reentry vehicles,
and requires operators to comply with Sec. Sec.  431.35(a) and
431.35(b)(1)(i),\1\ which in turn prohibit an Ec for debris
in excess of 30 x 10-\6\, for both launch and reentry
combined. On February 27, 2014, Lockheed also petitioned for a waiver
because the mission has a combined risk of 164 x 10-\6\.
---------------------------------------------------------------------------

    \1\ Although the module is a reentry vehicle and not a reusable
launch vehicle, 14 CFR 435.33 incorporates and applies Sec.  431.43
to all reentry vehicles.
---------------------------------------------------------------------------

    Section 431.43(e) requires any reusable launch vehicle (RLV) that
enters Earth orbit to be operated such that the vehicle operator can
monitor and verify the status of safety critical systems before
enabling reentry. This section also prohibits operators from designing
a system to reenter autonomously. On February 27, 2014, Lockheed
requested a waiver from this prohibition.

Waiver Criteria

    Chapter 509 allows the FAA to waive a license requirement if the
waiver (1) will not jeopardize public health and safety, and safety of
property; (2) is in the public interest; and (3) will not jeopardize
national security and foreign policy interests of the United States. 51
U.S.C. 50905(b)(3); 14 CFR 404.5(b).

A. Sixty Day Requirement

    Section 404.3(b)(5) requires that a petition for waiver be
submitted at least

sixty days before the proposed effective date of the waiver, which in
this case would be March 8, 2014, the date by which the FAA must make
its licensing determination. This section also provides that a petition
may be submitted late for good cause.
    Here, ULA and Lockheed submitted their waiver petitions on February
27, 2014, less than sixty days before the statutory deadline for the
FAA's license determination. However, both launch operators have shared
drafts of their petitions with the FAA, thus providing the FAA with
sufficiently early access to the information to review the information
in a timely fashion. Accordingly, the FAA is able to find good cause.

B. Public Health and Safety, and Safety of Property

    For the purposes of clarity, the FAA's analysis of public health
and safety, and the safety of property, is broken down into subsections
reflecting the various issues raised by the risk waivers and autonomous
reentry waivers, respectively.
1. Launch and Mission Risk
    Although the FAA's regulations prohibit debris risk in excess of 30
x 10-\6\, a waiver is warranted in this case because the
United States Government's experience conducting other space missions
with risk in excess of 100 x 10-\6\ demonstrates that the
risks of this mission are consistent with the public health and safety,
and the safety of property. ULA and Lockheed provided risk analyses for
both launch and reentry, respectively, but it was the FAA who
calculated the total mission risk for debris as 165 x
10-\6\. That number may be broken down as follows:

--20 x 10-\6\ from launch, with approximately 10 x
10-\6\ attributable to local area risk and approximately 10
x 10-\6\ attributable to overflight (downrange) risk;
--143 x 10-\6\ from random and off-target reentry of the
DCSS during the second DCSS burn;
--<1 x 10-\6\ for reentry of the Orion module

    The United States Government has repeatedly accepted risk for
government launches in excess of the FAA's 30 x 10-\6\ and
in excess of 100 x 10-\6\, without negative consequences for
safety. For example, the current Ec requirement for
government launches from U.S. National Test Ranges is 1 x
10-\4\ (equal to 100 x 10-\6\), encompassing all
risk from debris, toxics, and overpressure. See Air Force Instruction
91-217, Space Safety and Mishap Prevention Program (2010). Moreover,
the Space Shuttle used a debris risk criterion of 200 x
10-\6\ for launch risk to the public. See NASA's
Implementation Plan for Space Shuttle Return to Flight and Beyond, Vol.
1 Final Edition, at 2-39 (May 15, 2007). And, in 2005, the U.S. Air
Force approved a government launch of a Titan where the risk ranged
from 145 to 317 x 10-\6\. Dept. of the Air Force Memorandum,
Overflight Risk Exceedance Waiver for Titan IV B-30 Mission (Apr. 4,
2005).
    Additionally, in 2012, the FAA granted a waiver to SpaceX under
similar circumstances. Waiver of Acceptable Risk Restriction for Launch
and Reentry, Notice of Waiver, 77 FR 24556 (Apr. 24, 2012). SpaceX's
2012 mission was also NASA-sponsored; involved a test of the company's
reentry vehicle, the Dragon module; and posed an estimated total
mission risk from debris of between 98 and 121 x 10-\6\. Id.
    ULA's launch risk of 163 x 10-\6\ is less than the risk
approved for these government systems. Accordingly, granting a waiver
of Sec. Sec.  417.107(b)(1) and 431.35(b)(1)(i) in this case does not
jeopardize the public health and safety, or the safety of property.
2. Safety of Autonomous Reentry Waiver
    Because Orion's reentry system allows Lockheed to identify
anomalies or other non-compliant conditions, a waiver allowing
autonomous reentry in this instance would not jeopardize the public
health and safety, or the safety of property. In 1999, in the preamble
to the reentry-rule NPRM, the FAA expressed concern that autonomous
reentry was not adequately safe. Commercial Space Transportation
Reusable Launch Vehicle and Reentry Licensing Regulations, Notice of
Proposed Rulemaking, 64 FR 19626, 19645 (Apr. 21, 1999). The FAA was
specifically concerned about the possibility that anomalies or other
non-compliant conditions occurring in then-existing technology would
not be identified prior to an autonomous reentry initiation. Id. By
requiring the capability for human intervention, however, the FAA did
not intend to permanently foreclose the use of autonomous systems or
autonomous decision-making. In fact, the agency expressly acknowledged
that safer autonomous systems were feasible, and that greater levels of
confidence in a particular system could cause the agency to change its
position. Commercial Space Transportation Reusable Launch Vehicle and
Reentry Licensing Regulations, Final Rule, 65 FR 56618, 56641 (Sept.
19, 2000). Despite its concerns, the FAA retained the authority to
waive the autonomous reentry restriction. Id. Lockheed's proposed
approach to reentry addresses the concerns underlying the FAA's
regulatory requirements. Under Lockheed's proposed plan, Lockheed would
use two means of detecting anomalies and non-compliant conditions.
Lockheed's Flight Control Team can monitor and control the module, and
the Orion module monitors itself real-time.
    ULA's proven DCSS system propels the module to a targeted reentry
location over 200 miles into the Pacific Ocean. In a nominal reentry,
the Orion module waits for the DCSS to signal that the module is at its
pre-determined time for separation, the DCSS thrusters are inhibited,
and the vehicle is operating within pre-determined state vector rate
requirements. The Orion then autonomously commands its separation from
the DCSS and activates the module's propulsion system. Each string of
Orion thrusters is capable of providing closed-loop attitude control in
the pitch, yaw, and roll axes, as well as translational delta-velocity.
Given the trajectory and landing location chosen for the mission,
however, combined with the limited thrust performance capability of the
module's individual thrusters and limited total onboard propellant, the
module does not have the propulsive capability to move its impact point
over land following DCSS separation.
    While the module is in flight, Lockheed's Flight Control Team is
capable of receiving and monitoring real-time vehicle telemetry
transmissions. By doing so, the team will be able to detect anomalies
and non-compliant conditions. In the event the Flight Control Team
detects an off-nominal condition, the team can send several pre-
approved contingency commands to the module to mitigate loss of vehicle
and protect public safety. In the event a communications failure causes
the Flight Control Team to lose direct insight into the raw health-and-
status telemetry data, the module has the ability to autonomously guide
itself to its pre-determined landing site. This autonomous capability
allows the module to safely reenter, descend, land, and safe itself
post-splashdown--even after a communications failure with the ground.
    In addition to the systems already described, the Orion module
itself has the ability to identify anomalies or other non-compliant
conditions. Orion has the ability to monitor its safety-critical
systems in real-time. It has a space-grade vehicle management computer

with redundant flight control modules. It has the ability to check the
validity of its data by reviewing--using built-in channel selection
criteria--data received from redundant sensors. The redundant sensors
include redundant GPS receiver antennas and redundant, space-grade
inertial measurement units.
    Also playing an instrumental role in the FAA's ability to grant a
waiver is the fact that Orion is equipped with a number of mitigating
features. First, Orion has a ``cold-restart'' capability and self-
checking pair processors to maintain proper vehicle commanding after
any unexpected power cycle, radiation upset, or other off-nominal event
that would require an automatic restart of the module's computing
system. Also, Orion's computing system has fail-silent functionality to
prevent off-nominal corrupted or inadvertent vehicle commanding.
Finally, Orion has two independent and redundant propulsion strings,
which ensure that even if one fails the propulsion system will still
perform the planned reentry.

C. Public Interest

    The FAA looks to its enabling statute to determine how Congress has
defined the public interest. The FAA, through AST, implements the
agency's statutory mandate to encourage the development of commercial
space capabilities and the continuous improvement of the safety of
launch vehicles designed to carry passengers. 51 U.S.C. 50901(b).
    ULA and Lockheed's petitions to waive the FAA's risk and reentry
restrictions are consistent with the public interest because the test
flight is necessary to the development of NASA's human-missions
capability beyond Earth orbit.

D. National Security and Foreign Policy Interests

    The FAA has not identified any national security or foreign policy
implications associated with granting this waiver.

Summary and Conclusion

    The FAA determines that the waivers associated with this mission
will not jeopardize public health and safety or safety of property. In
addition, the waivers are in the public interest because they
accomplish the goals of Chapter 509 and do not unduly increase risk to
the public. Finally, they will not jeopardize national security and
foreign policy interests of the United States. The FAA therefore waives
the requirements of 14 CFR 417.107(b)(1) and 431.35(b)(1)(i) for launch
and mission risk, respectively, and of 14 CFR 431.43(e) for a commanded
reentry.

    Issued in Washington, DC, on February 28, 2014.
Kenneth Wong,
Licensing and Evaluation Division Manager.
[FR Doc. 2014-05136 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-13-P


 Standard Interpretations
 Responsible party's address and phone number on SDSs and labels
 --------------------------------------------------------------------------------
Standard Number:
--------------------------------------------------------------------------------
1910.1200(c)
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
June 20, 2016
Mr. James Lee
3E Company
4520 East West Highway, Ste. 440
Bethesda, Maryland 20814
Dear Mr. Lee:
Thank you for your letter to the Occupational Safety and Health Administration's (OSHA) Directorate of Enforcement Programs. You requested confirmation regarding the responsible party's address and phone number on safety data sheets (SDS) and labels under OSHA's Hazard Communication Standard 2012 (HCS 2012). This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased question and our response are below.
Question: When chemicals are imported into the United States, must the responsible party include a U.S. address and U.S. phone number on the SDS and label?
Response: Yes, a U.S. address and U.S. phone number are required on SDSs and labels for hazardous chemicals. The standard defines "importer" as "the first business with employees within the Customs Territory of the United States which receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or employers within the United States." 29 CFR 1910.1200(c). As OSHA explained in a letter of interpretation to Mr. Michael J. Kelleher, dated January 19, 2000 (copy enclosed), an importer is the "responsible party" for purposes of complying with the HCS. The HCS defines "responsible party" as "someone who can provide additional information on the hazardous chemical and appropriate emergency procedures, if necessary." 29 CFR 1910.1200(c).
As explained in the HCS 2012 compliance directive, CPL 02-02-079,1 the importer, being the first point of contact within the United States, is responsible for the SDS and labeling information on the products being imported to the United States. This information must include the importer's name, U.S. address, and U.S. telephone number. It is preferable that the original foreign manufacturer's name and address be removed from the label to prevent confusion, but it is not required.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at https://www.osha.gov. If you have further questions, please feel free to contact the Office of Health Enforcement at<PHONE_NUMBER>.
Sincerely,

Thomas Galassi, Director
Directorate of Enforcement Programs
Enclosure

1 CPL 02-02-079, Inspection Procedures for the Hazard Communication Standard (HCS 2012), https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf


MEMORANDUM

DATE:		July 30, 2015

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

FROM:	EPA Region 1

SUBJECT:	April 21, 2015 Speech to Connecticut Environmental Business Council including Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      On April 21, 2015, Regional Administrator Curt Spalding spoke on EPA priorities to the Connecticut Environmental Business Council.  The speech included the proposed Clean Power Plan for Existing Power Plants.          ATTENDEES Curt Spalding, EPA

Approximately 20 people attended this conference.  Attendance was not taken by EPA


[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12310-12311]
[FR Doc No: 2019-06307]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  11:30 a.m. on Wednesday, April 3, 2019.

PLACE:  The meeting will be held at the Commission's headquarters, 100
F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Jackson, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions; Institution and
settlement of administrative proceedings; and Other matters relating to
enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION:  For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: March 27, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06307 Filed 3-28-19; 11:15 am]
 BILLING CODE 8011-01-P