[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15620-15621]
[FR Doc No: 2019-07523]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0597]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Oversight of Clinical
Investigations: A Risk-Based Approach to Monitoring

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

DATES: Fax written comments on the collection of information by May 16,
2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to  [email protected]. All
comments should be identified with the OMB control number 0910-0733.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

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

Oversight of Clinical Investigations: A Risk-Based Approach to
Monitoring--21 CFR Parts 312 and 812

OMB Control Number 0910-0733--Extension

    This information collection supports reporting and recordkeeping
found in Agency guidance. Under parts 312 and 812 (21 CFR parts 312 and
812), sponsors are required to provide appropriate oversight of their
clinical investigations to ensure adequate protection of the rights,
welfare, and safety of human subjects and to ensure the quality and
integrity of the resulting data submitted to FDA. As part of this
oversight, sponsors of clinical investigations are required to monitor
the conduct and progress of their clinical investigations. The
regulations do not specify how sponsors are to

conduct monitoring of clinical investigations and are, therefore,
compatible with a range of approaches to monitoring.
    Accordingly, we developed the guidance document entitled ``Guidance
for Industry--Oversight of Clinical Investigations: A Risk-Based
Approach to Monitoring'' (available at: https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-drugs-gen/documents/document/ucm269919.pdf). The
guidance is intended to assist sponsors of clinical investigations in
developing strategies for risk-based monitoring and plans for clinical
investigations of human drug and biological products, medical devices,
and combinations thereof. The guidance describes strategies for
monitoring activities performed by sponsors or by contract research
organizations (CROs) that focus on the conduct, oversight, and
reporting of findings of an investigation by clinical investigators.
The guidance also recommends strategies that reflect a risk-based
approach to monitoring that focuses on critical study parameters and
relies on a combination of monitoring activities to oversee a study
effectively. Finally, the guidance specifically encourages greater
reliance on centralized monitoring methods where appropriate.
    Information collections for reports and records associated with
clinical investigations under parts 312 and 812 are currently approved
under OMB control numbers 0910-0014 and 0910-0078, respectively. These
reporting and recordkeeping provisions cover general elements. The
guidance discusses other elements sponsors and investigators should
consider and include in developing a monitoring plan. As explained in
the guidance, documentation of monitoring should include sufficient
detail to allow verification that the monitoring plan was followed. The
plan should provide adequate information to those involved with
monitoring to effectively carry out their duties. All sponsor and CRO
personnel who may be involved with monitoring (including those who
review appropriate action, determine appropriate action, or both)
regarding potential issues identified through monitoring should review
the monitoring plan.
    In the Federal Register of November 30, 2018 (83 FR 61646), we
published a 60-day notice requesting public comment on the proposed
collection of information. One comment was received; however, it was
not responsive to any of the four information collection topics
solicited in the notice.
    We estimate the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Number of       Number of records     Total annual     Average burden per
                      Activity                           recordkeepers     per recordkeeper         records          recordkeeping        Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Documentation included in comprehensive monitoring                   88                 1.5                 132                   4                 528
 plan...............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection, we have made no
adjustments to our burden estimate. We estimate 88 sponsors will
develop 132 comprehensive monitoring plans in accordance with the
guidance. We believe the associated burden for each plan is
approximately 4 hours and includes the time necessary to develop, and
amend as appropriate, the monitoring plan.

    Dated: April 10, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-07523 Filed 4-15-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60462-60463]
[FR Doc No: 2014-23920]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-27-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on September 25, 2014, Oncor Electric Delivery
Company LLC submitted its tariff filing per 35.28(e): Oncor Tex-La
Tariff Rate Changes, effective September 12, 2014.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 16, 2014.

    Dated: October 1, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23920 Filed 10-6-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10220-10224]
[FR Doc No: 2011-3926]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1192; Directorate Identifier 2010-CE-020-AD;
Amendment 39-16611; AD 2011-05-02]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited (Type Certificate
No. A-815 Formerly Held by Bombardier Inc. and de Havilland, Inc.)
Model DHC-3 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitively inspecting the
elevator control tabs for discrepancies and, if any discrepancies are
found, taking necessary corrective actions to bring all discrepancies
within acceptable tolerances. This AD also requires reporting certain
inspection results to the FAA. This AD was prompted by an evaluation of
revisions to the manufacturer's maintenance manual that adds new
repetitive inspections of the elevator control tabs. To require
compliance with these inspections for U.S. owners and operators we are
mandating the inspections through the rulemaking process. We are
issuing this AD to add new repetitive inspections of the elevator
control tabs. If these inspections are not done, excessive free-play in
the elevator control tabs could develop. This condition could lead to
loss of tab control linkage and severe elevator flutter. Such elevator
flutter could lead to possible loss of control.

DATES: This AD is effective March 31, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 31,
2011.

ADDRESSES: For information about the revisions to the FAA-approved
maintenance/inspection program identified in this AD, contact Viking
Air Ltd., 9574 Hampden Road, Sidney, BC Canada V8L 5V5; telephone:
(800) 663-8444; Internet: http://www.vikingair.com. You may review
copies of the referenced revisions at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. 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: George Duckett, Aerospace Engineer,
New York Aircraft Certification Office, FAA, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax: (516)
794-5531; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on

December 7, 2010 (75 FR 75932). That NPRM proposed to require
repetitively inspecting the elevator control tabs for discrepancies
and, if any discrepancies are found, taking necessary corrective
actions to bring all discrepancies within acceptable tolerances.
    That NPRM also proposed a reporting requirement requesting
information when the total maximum free play of the elevator servo tab
and trim tab relative to the elevator exceeds 1.0 degree (this is equal
to a maximum displacement of 0.070'' at the trailing edge of the servo
tab). Collecting this information will help us better understand the
service history related to excessive free-play in the elevator control
tabs for various Model DHC-3 engine configurations.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Interim Action

    We are continuing to evaluate the cause of the unsafe condition
identified in this AD to enable us to obtain better insight into the
nature, cause, and extent of excessive free-play in the elevator
control tabs. Based on this evaluation, we may consider further
rulemaking.

Costs of Compliance

    We estimate that this AD affects 65 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85    Not applicable....  $85 per inspection  $5,525 per
                                  per hour = $85 per                       cycle.              inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary follow-on
actions that will be required based on the results of the inspection.
We have no way of determining the number of airplanes that may need
this repair/replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Minimum repair.............................  1 work-hour x $85 per hour = $85...             $50            $135
Moderate repair............................  3 work-hours x $85 per hour = $255.             150             405
Maximum repair.............................  6 work-hours x $85 per hour = $510.             450             960
----------------------------------------------------------------------------------------------------------------

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):

2011-05-02 Viking Air Limited (Type Certificate No. A-815 Formerly
Held by Bombardier Inc. and de Havilland, Inc.): Amendment 39-16611;
Docket No. FAA-2010-1192; Directorate Identifier 2010-CE-020-AD.

Effective Date

    (a) This AD is effective March 31, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Viking Air Limited (Type Certificate No.
A-815 formerly held by Bombardier Inc. and de Havilland, Inc.) Model
DHC-3 airplanes, all serial numbers, that:
    (1) Do not have the new elevator servo tab and redundant control
linkage installed according to Supplemental Type Certificate (STC)
No. SA01059SE; and
    (2) Are certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 27, Flight Controls.

Unsafe Condition

    (e) This AD results from an evaluation of revisions to the
manufacturer's maintenance manual that adds new repetitive
inspections to the elevator control tabs. To require compliance with
these inspections for U.S. owners and operators we are mandating
these inspections through the rulemaking process. We are issuing
this AD to add new repetitive inspections of the elevator control
tabs. If these inspections are not done, excessive free-play in the
elevator control tabs could develop. This condition could lead to
loss of tab control linkage and severe elevator flutter. Such
elevator flutter could lead to possible loss of control.

Compliance

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

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect the elevator control      Initially within the next 50 hours    Following Viking DHC-3 Otter
 tabs for discrepancies.               time-in-service (TIS) after March     Maintenance Manual Temporary
                                       31, 2011 (the effective date of       Revisions No. 18, No. 19, and No.
                                       this AD). Repetitively thereafter     20, all dated December 5, 2008.
                                       inspect at intervals not to exceed
                                       100 hours TIS.
(2) If any discrepancies are found    Before further flight after any       Following Viking DHC-3 Otter
 during any inspection required in     inspection required in paragraph      Maintenance Manual Temporary
 paragraph (f)(1) of this AD, take     (f)(1) of this AD in which            Revisions No. 18, No. 19, and No.
 necessary corrective actions to       discrepancies are found.              20, all dated December 5, 2008.
 bring all discrepancies within
 acceptable tolerances.
(3) If, during any inspection         Within 30 days after the inspection.  Use the form (Figure 1 of this AD)
 required in paragraph (f)(1) of       We are collecting these inspection    and submit it to FAA, Small
 this AD, the total maximum free       results for 24 months after March     Airplane Directorate, Attn: Jim
 play of the elevator servo tab and    31, 2011 (the effective date of       Rutherford, 901 Locust, Room 301,
 trim tab relative to the elevator     this AD). The reporting               Kansas City, Missouri 64106.
 exceeds 1.0 degree (this is equal     requirements of this AD are no
 to a maximum displacement of          longer required after that time.
 0.070'' at the trailing edge),
 report the results of the
 inspection to the FAA.
----------------------------------------------------------------------------------------------------------------

BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR24FE11.003

BILLING CODE 4910-13-C

Paperwork Reduction Act Burden Statement

    (g) A Federal agency may not conduct or sponsor, and a person is
not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing, and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, New York 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 the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (i) For more information about this AD, contact George Duckett,
Aerospace Engineer, New York ACO, FAA, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax: (516)
794-5531; e-mail<EMAIL_ADDRESS>
Material Incorporated by Reference

    (j) You must use Viking DHC-3 Otter Maintenance Manual Temporary
Revision No. 18, Viking DHC-3 Otter Maintenance Manual Temporary
Revision No. 19, and Viking DHC-3 Maintenance Manual Temporary
Revision No. 20, all dated December 5, 2008, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For information about the revisions to the maintenance
program identified in this AD, contact Viking Air Ltd., 9574 Hampden
Road, Sidney, BC Canada V8L 5V5; telephone:<PHONE_NUMBER>;
Internet: http://www.vikingair.com.
    (3) You may review copies of the referenced revisions at the
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on February 15, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-3926 Filed 2-23-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Page 56940]
[FR Doc No: 2022-20074]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2827-000]

Bluegrass Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Bluegrass Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 3, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: September 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-20074 Filed 9-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26848-26851]
[FR Doc No: 2014-10749]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0471]
RIN 1625-AA00

Safety Zone; Belt Parkway Bridge Construction, Gerritsen Inlet;
Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Gerritsen Inlet surrounding the Belt Parkway Bridge. This
rule will allow the Coast Guard to prohibit all vessel traffic through
the safety zone during bridge replacement operations, both planned and

unforeseen, that could pose an imminent hazard to persons and vessels
operating in the area. This rule is necessary to provide for the safety
of life in the safety zone during the construction of the Belt Parkway
Bridge.

DATES: This rule is effective without actual notice from May 12, 2014
until September 30, 2017. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, April 30, 2014,
until May 12, 2014.
    Comments and related material must be received by the Coast Guard
on or before June 11, 2014.
    Requests for public meetings must be received by the Coast Guard on
or before June 2, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0471. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways
Management Division; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or Chief Craig Lapiejko, Coast Guard First
District Waterways Management Branch, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYC DOT New York Department of Transportation

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We currently do not plan to hold a public meeting. You may,
however, submit a request for one, on or before June 2, 2014, using one
of the methods specified under ADDRESSES. Please explain why you
believe a public meeting would be beneficial. If we determine that one
would aid in this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

B. Regulatory History and Information

    On Friday, November 29, 2013 the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled, ``Safety Zone; Belt Parkway Bridge
Construction, Gerritsen Inlet, Brooklyn, NY'' in the Federal Register
(78 FR 71546). No public meetings were requested or held. No comments
were received. However the initial effective and enforcement periods
that were published are now delayed and shorter than those published in
the NPRM. The safety zone will now be effective from April 30, 2014 to
September 30, 2017. The Coast Guard will consider comments in issuing a
subsequent temporary interim rule or temporary final rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. It would be impracticable and

contrary to the public interest to delay promulgating this rule, as it
is necessary to protect the safety of both the construction crew and
the waterway users operating in the vicinity of the bridge construction
zone. A delay or cancellation of the currently ongoing bridge
rehabilitation project in order to accommodate a full notice and
comment period would delay necessary operations, result in increased
costs, and delay the date when the bridge is expected to reopen for
normal operations. The Coast Guard believes it would be impracticable
and contrary to the public interest to delay this regulation. At any
time, the Coast Guard may publish an amended rule if necessary to
address public concerns. The Coast Guard will enforce the safety zone
described in this rule to all vessel traffic during circumstances that
pose an imminent threat to waterway users operating in the area. The
Coast Guard will provide as much advanced notice as possible prior to
enforcement. Specific closure dates and times will be posted in the
Local Notice to Mariners and disseminated via a Safety Marine
Information Broadcast during each closure.

C. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    The purpose of this rulemaking is to ensure the safety of vessels
and workers from hazards associated with the bridge construction
operations in the safety zone.

D. Discussion of Comments, Changes, and the Interim Rule

    For the reasons stated above, the Captain of the Port, Sector New
York, is establishing a temporary safety zone on the navigable waters
of Gerritsen Inlet surrounding the Belt Parkway Bridge. The effective
periods that were published in the NPRM are now delayed and shorter
than those previously published in the NPRM. The safety zone will be
effective from April 30, 2014 to September 30, 2017.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: Vessel traffic
will only be restricted from the Safety Zone for limited durations and
the Safety Zone covers only a small portion of the navigable waterway.
    Advanced public notifications would also be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice to Mariners and at http://homeport.uscg.mil/newyork.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to enter, transit, anchor or moor within, or upstream of the
safety zone during a vessel restriction period.
    The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will be of limited size and most waterway closures will be
during times of reduced recreational boating traffic. The contractor
has hired outreach consultants to ensure local interests are regularly
notified of the project status and future impacts that can be expected.
Additionally, before the effective period of a waterway closure,
notifications will be made to local mariners through appropriate means.
    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.

3. Assistance for Small Entities

    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 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    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 rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
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 rule involves restricting vessel movement within a
safety zone. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist and a categorical exclusion
determination supporting this determination are 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 rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

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

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

0
2. Add Sec.  165.T01-0471 to read as follows:

Sec.  165.T01-0471  Safety Zone; Belt Parkway Bridge Construction,
Gerritsen Inlet, Brooklyn, NY.

    (a) Location. The following area is a safety zone: All navigable
waters of Gerritsen Inlet: Southeast of a line from 40[deg]35'09.46''
N, 073[deg]54'53.92'' W to 40[deg]35'10.0'' N, 073[deg]54'44.5'' W and
Northwest of a line from 40[deg]35'04.88'' N, 073[deg]54'45.43'' W to
40[deg]35'10.34'' N, 073[deg]54'35.71'' W (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port New York
(COTP), to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (c) Enforcement Periods. (1) This regulation is enforceable 24
hours a day from April 30, 2014 through September 30, 2017.
    (2) Prior to commencing or suspending enforcement of this
regulation, the COTP and designated on-scene patrol personnel will
notify the public whenever the regulation is being enforced and
whenever enforcement is lifted, to include dates and times. The means
of notification will include, but are not limited to, Broadcast Notice
to Mariners and Local Notice to Mariners, Marine Safety Information
Bulletins, or other appropriate means.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
    (2) During periods of enforcement, all persons and vessels must
comply with all orders and directions from the COTP or a COTP's
designated representative.
    (3) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of the vessel must proceed as directed.

    Dated: April 30, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-10749 Filed 5-9-14; 8:45 am]
BILLING CODE 9110-04-P


Placeholder: confidential business information item

Arkema Presentation on 9-8-06

For more information please contact Ross Brennan by phone at
202-343-9226 or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57899-57900]
[FR Doc No: 2016-20277]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-1649-000]

California Independent System, Operator Corporation; Supplemental
Notice of Agenda and Discussion Topics for Staff Technical Conference

    This notice establishes the agenda and topics for discussion at the
technical conference to be held on September 16, 2016 to discuss issues
related to the measures implemented by the California Independent
System Operator Corporation (CAISO) to address the limited availability
of the Aliso Canyon natural gas storage facility.\1\ The technical
conference will be held from 10:00 a.m. to 4:00 p.m. (EDT) in the

Commission Meeting Room at the Commission's headquarters, 888 First
Street NE., Washington, DC. The technical conference will be led by
Commission staff. All interested parties are invited to attend, and
registration is not required.
---------------------------------------------------------------------------

    \1\ Cal. Indep. Sys. Operator Corp., 155 FERC ] 61,224 (2016)
(June 1 Order).
---------------------------------------------------------------------------

    The purpose of the technical conference is to provide Commission
staff and interested parties an opportunity to discuss lessons learned
regarding the efficacy of and the need for retention of any of the
instant tariff revisions accepted by the Commission in the June 1 Order
as well as potential longer-term solutions to address any ongoing
limitations at the Aliso Canyon facility. The topics and related
questions to be discussed during this conference are attached. No
formal presentations will be made other than an opening presentation by
CAISO and its Department of Market Monitoring; however, attendees will
be encouraged to participate in the discussion along with Commission
staff, time permitting. Attendees may also submit questions or
potential discussion topics in the docket prior to the technical
conference. Any such submissions should be made no later than one week
prior to the conference and will be for discussion purposes only, time
permitting.
    This conference will be transcribed and webcast. Transcripts will
be available immediately for a fee from Ace Reporting Company ((202)
347-3700). A link to the webcast of this event will be available in the
Commission Calendar of Events at www.ferc.gov. The Capitol Connection
provides technical support for the webcasts and offers the option of
listening to the conferences via phone-bridge for a fee. For additional
information, visit www.CapitolConnection.org or call<PHONE_NUMBER>.
Parties attending the conference via webcast will have the opportunity
to submit questions during the conference via email Virginia Castro at
<EMAIL_ADDRESS>    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information on this conference, please contact Virginia
Castro at<PHONE_NUMBER><EMAIL_ADDRESS>or Sarah McKinley
at<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: August 17, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20277 Filed 8-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Proposed Rules]
[Pages 72353-72355]
[FR Doc No: 2011-30138]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1194; Directorate Identifier 2011-NE-36-AD]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Pratt

& Whitney PW4050, PW4052, PW4056, PW4056(-3), PW4156, PW4060, PW4060(-
3), PW4060A, PW4152, PW4152(-3), PW4156A, PW4158, PW4158(-3), PW4460,
PW4460(-3), PW4462, and PW4462(-3) turbofan engines. This proposed AD
was prompted by reports of five engine in-flight shutdowns and seven
unplanned engine removals. This proposed AD would require inspections,
cleaning, and engine modifications to address coking in the No. 4
bearing compartment and oil pressure and scavenge tubes. We are
proposing this AD to prevent an engine fire, a fractured fan drive
shaft, and damage to the airplane.

DATES: We must receive comments on this proposed AD by January 23,
2012.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Pratt & Whitney, 400 Main St., East Hartford, CT 06108; phone: (860)
565-8770; fax:<PHONE_NUMBER>. You may review copies of the referenced
service information at the FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA. 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Stephen Sheely, Aerospace Engineer,
Engine & Propeller Directorate, FAA, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2011-1194;
Directorate Identifier 2011-NE-36-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of five engine in-flight shutdowns and seven
unplanned engine removals due to clogging of No. 4 bearing compartment
oil pressure and scavenge tubes. Investigation has revealed that
following all engine shutdowns, excessive heat is conducting into the
No. 4 bearing compartment and into the oil pressure and scavenge tubes
that pass through the turbine exhaust case struts. This excessive heat
causes oil coking and oil flow restriction in the pressure and scavenge
tubes and oil nozzle. This condition, if not corrected, could lead to
an engine fire, a fractured fan drive shaft, and damage to the
airplane.

Relevant Service Information

    We reviewed Pratt & Whitney Alert Service Bulletin (SB) No. PW4ENG-
A72-436, Revision 6, dated September 30, 1999. The SB describes
procedures for initial and repetitive inspection and cleaning of the
No. 4 bearing compartment. We also reviewed Pratt & Whitney SB No.
PW4ENG-72-472, Revision 5, dated April 14, 1998, and SB No. PW4ENG-79-
76, Revision 4, dated February 14, 2002. The SBs describe procedures
for modifications to stop buildup of coking in the No. 4 bearing
compartment, and for rerouting of the No. 4 bearing pressure and
scavenge tubes. The rerouted tubes are then located below the engine
centerline which eliminates the coking problem.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 44 Pratt & Whitney
PW4050, PW4052, PW4056, PW4056(-3), PW4156, PW4060, PW4060(-3),
PW4060A, PW4152, PW4152(-3), PW4156A, PW4158, PW4158(-3), PW4460,
PW4460(-3), PW4462, and PW4462(-3) turbofan engines installed on
airplanes of U.S. registry. We also estimate that it would take about 8
work-hours per engine to perform an inspection and cleaning of the No.
4 bearing compartment, about 7 work-hours per engine to perform the
modification to stop buildup of coking in the No. 4 bearing
compartment, and about 33.7 work-hours per engine to perform the
rerouting of the No. 4 bearing pressure and scavenge tubes. The average
labor rate is $85 per work-hour. Required parts would cost about
$69,322 per engine. Based on these figures, we estimate the total cost
of the AD to U.S. operators to be $3,232,306.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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

    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]

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

Pratt & Whitney: Docket No. FAA-2011-1194; Directorate Identifier
2011-NE-36-AD.

(a) Comments Due Date

    We must receive comments by January 23, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Pratt & Whitney PW4050, PW4052, PW4056,
PW4056(-3), PW4156, PW4060, PW4060(-3), PW4060A, PW4152, PW4152(-3),
PW4156A, PW4158, PW4158(-3), PW4460, PW4460(-3), PW4462, and
PW4462(-3) turbofan engines.

(d) Unsafe Condition

    This AD was prompted by reports of five engine in-flight
shutdowns and seven unplanned engine removals due to clogging of No.
4 bearing compartment oil pressure and scavenge tubes. We are
issuing this AD to prevent an engine fire, a fractured fan drive
shaft, and damage to the airplane.

(e) Compliance

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

(f) Inspection and Cleaning of No. 4 Bearing Compartment for Coking

    (1) Within 1,000 cycles-in-service (CIS) after the effective
date of this AD, initially inspect and clean the No. 4 bearing
compartment in accordance with Accomplishment Instructions,
paragraphs 2.A. through 2.A.(4)(b)3 of Pratt & Whitney Alert Service
Bulletin No. PW4ENG-A72-436, Revision 6, dated September 30, 1999.
    (2) Thereafter, within every additional 1,000 CIS, perform the
inspection and cleaning specified in paragraph (f)(1) of this AD.

(g) Modification To Stop Buildup of Coking in the No. 4 Bearing
Compartment

    (1) At the next engine visit to a maintenance facility that is
capable of performing the following on-wing method or in-shop method
of modification to the No. 4 bearing compartment, but not to exceed
5 years after the effective date of this AD, do the following:
    (i) Replace the No. 4 bearing packing transfer tube assembly;
    (ii) Replace the No. 4 bearing internal scavenge tube assembly;
    (iii) Remove the No. 4 bearing shield, and the No. 4 bearing
shield option; and
    (iv) Install new No. 4 bearing shield options.
    (2) For doing the on-wing method of the modification, do the
work in accordance with Accomplishment Instructions, Paragraphs 2.A.
through 2.A.(9)(a)3d of Pratt & Whitney Service Bulletin (SB) No.
PW4ENG-72-472, Revision 5, dated April 14, 1998.
    (3) For doing the in-shop method of the modification, do the
work in accordance with Paragraphs 2.B. through 2.B.(2)(f)2d of
Pratt & Whitney SB No. PW4ENG-72-472, Revision 5, dated April 14,
1998.

(h) Rerouting of the No. 4 Bearing Pressure and Scavenge Tubes

    (1) At the next shop visit at which the engine is sufficiently
disassembled to perform the rerouting, but not to exceed 5 years
after the effective date of this AD, do the following:
    (i) Modify the turbine exhaust case to relocate the No. 4
bearing pressure and scavenge tube ports;
    (ii) Replace the internal No. 4 bearing pressure and scavenge
tubes;
    (iii) Modify or replace the turbine case cooling brackets to
support the new No. 4 bearing pressure and scavenge tubes;
    (iv) Replace the turbine case manifolds as necessary; and
    (v) Install the new brackets and clamps to support the new
routing configuration.
    (2) Do the work specified in paragraph (h) of this AD in
accordance with Accomplishment Instructions paragraph 2 of Pratt &
Whitney SB No. PW4ENG-79-76, Revision 4, dated February 14, 2002.

(i) Terminating Action to the Repetitive Inspections and Cleaning

    Performing the modifications specified in both paragraphs (g)
and (h), of this AD is terminating action to the repetitive
inspections and cleanings specified in paragraph (f)(2) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(k) Related Information

    (1) For more information about this AD, contact Stephen Sheely,
Aerospace Engineer, Engine & Propeller Directorate, FAA, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Pratt
& Whitney, 400 Main St., East Hartford, CT 06108; telephone: (860)
565-8770; fax:<PHONE_NUMBER>. You may review copies of the
referenced service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA. For
information on the availability of this material at the FAA, call
(781) 238-7125.

    Issued in Burlington, Massachusetts, on November 15, 2011.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30138 Filed 11-22-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49012-49014]
[FR Doc No: 2019-20111]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0530; Airspace Docket No. 19-ASO-14]
RIN 2120-AA66

Amendment of the Class E Airspace and Establishment of Class E
Airspace; Huntsville, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E surface airspace and the Class
E airspace extending upward from 700 feet above the surface and
establishes a Class E airspace area designated as an extension to a
Class C surface area at Huntsville International-Carl T. Jones Field,
Huntsville, AL. This action is due to an airspace review caused by the
decommissioning of the Decatur VHF omnidirectional range (VOR)
navigation aid, which provided navigation information for the
instrument

procedures at this airport, as part of the VOR Minimum Operational
Network (MON) Program. The names of Huntsville International-Carl T.
Jones Field, Redstone AAF, Pryor Field Regional Airport, and Huntsville
Executive Tom Sharp Jr. Field and the geographic coordinates of
Huntsville International-Carl T. Jones Field, Pryor Field Regional
Airport, and Huntsville Executive Tom Sharp Jr. Field are also being
updated to coincide with the FAA's aeronautical database. Airspace
redesign is necessary for the safety and management of instrument
flight rules (IFR) operations at this airport.

DATES: Effective 0901 UTC, December 5, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E surface airspace and the Class E airspace
extending upward from 700 feet above the surface and establishes a
Class E airspace area designated as an extension to a Class C surface
area at Huntsville International-Carl T. Jones Field, Huntsville, AL,
to support instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 33196; July 12, 2019) for Docket No. FAA-2019-0530 to
amend the Class E surface airspace and the Class E airspace extending
upward from 700 feet above the surface and establish a Class E airspace
area designated as an extension to a Class C surface area at Huntsville
International-Carl T. Jones Field, Huntsville, AL. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6002,
6003, and 6005, respectively, of FAA Order 7400.11D, dated August 8,
2019, and effective September 15, 2019, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class E surface airspace at Huntsville International-
Carl T. Jones Field, Huntsville, AL, by updating the city in the
airspace legal description to Huntsville, AL (previously Huntsville
International-Carl T. Jones Field, AL), to comply with a change to FAA
Order 7400.2M, Procedures for Handling Airspace Matters; updates the
geographic coordinates of the Huntsville International-Carl T. Jones
Field; updates the names of Huntsville International-Carl T. Jones
Field (previously Huntsville International-Carl T. Jones Field Airport)
and Redstone AAF (previously Redstone Army Air Field) to coincide with
the FAA's aeronautical database; and replaces the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    Establishes a Class E airspace area designated as an extension to a
Class C surface area at Huntsville International-Carl T. Jones Field
extending 1 mile each side of the 181[deg] bearing from the Huntsville
International-Carl T. Jones Field: RWY 36L-LOC extending from the 5-
mile radius of Huntsville International-Carl T. Jones Field to 6.3
miles south of the Huntsville International-Carl T. Jones Field: RWY
36L-LOC;
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 7.5-mile radius (reduced from an 8.2-mile
radius) of Huntsville International-Carl T. Jones Field; adds an
extension 3 miles each side of the 001[deg] bearing from Huntsville
International-Carl T. Jones Field extending from the 7.5-mile radius to
12.3 miles north of the Huntsville International-Carl T. Jones Field;
adds an extension 1.3 miles each side of the 181[deg] bearing from the
Huntsville International-Carl T. Jones Field: RWY 36L-LOC extending
from the 7.5-mile radius to 8.3 miles south of the Huntsville
International-Carl T. Jones Field: RWY 36L-LOC; updates the names of
Huntsville International-Carl T. Jones Field (previously Huntsville
International-Carl T. Jones Airport), Pryor Field Regional Airport
(previously Pryor Field), Decatur, AL, and Huntsville Executive Tom
Sharp Jr. Field (previously Huntsville Airport North), Huntsville, AL,
to coincide with the FAA's aeronautical database; and updates the
geographic coordinates of Huntsville International-Carl T. Jones Field,
Pryor Field Regional Airport, and Huntsville Executive Tom Sharp Jr.
Field to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Decatur VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative

comments. It, therefore: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area

* * * * *

ASO AL E2 Huntsville, AL [Amended]

Huntsville International-Carl T. Jones Field, AL
    (Lat. 34[deg]38'14'' N, long. 86[deg]46'30'' W)
Redstone AAF
    (Lat. 34[deg]40'43'' N, long. 86[deg]41'05'' W)

    Within a 5-mile radius of the Huntsville International-Carl T.
Jones Field, excluding that airspace within a 1-mile radius of the
Redstone AAF. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6003 Class E Airspace Areas Designated as an Extension to
a Class C Surface Area

* * * * *

ASO AL E3 Huntsville, AL [Established]

Huntsville International-Carl T. Jones Field, AL
    (Lat. 34[deg]38'14'' N, long. 86[deg]46'30'' W)
Huntsville International-Carl T. Jones Field: RWY 36L-LOC
    (Lat. 34[deg]39'20'' N, long. 86[deg]46'55'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 181[deg] bearing from the Huntsville International-
Carl T. Jones Field: RWY 36L-LOC extending from the 5-mile radius of
the Huntsville International-Carl T. Jones Field to 6.3 miles south
of the Huntsville International-Carl T. Jones Field: RWY 36L-LOC.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ASO AL E5 Huntsville, AL [Amended]

Huntsville International-Carl T. Jones Field, AL
    (Lat. 34[deg]38'14'' N, long. 86[deg]46'30'' W)
Huntsville International-Carl T. Jones Field: RWY 36L-LOC
    (Lat. 34[deg]39'20'' N, long. 86[deg]46'55'' W)
Redstone AAF
    (Lat. 34[deg]40'43'' N, long. 86[deg]41'05'' W)
Pryor Field Regional Airport, AL
    (Lat. 34[deg]39'15'' N, long. 86[deg]56'43'' W)
Huntsville Executive Tom Sharp Jr. Field, AL
    (Lat. 34[deg]51'34'' N, long. 86[deg]33'27'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of Huntsville International-Carl T. Jones
Field, and within 3 miles each side of the 001[deg] bearing from
Huntsville International-Carl T. Jones Field extending from the 7.5-
mile radius to 12.3 miles north of Huntsville International-Carl T.
Jones Field, and within 1.3 miles each side of the 181[deg] bearing
from the Huntsville International-Carl T. Jones Field: RWY 36L-LOC
extending from the 7.5 mile radius of Huntsville International-Carl
T. Jones Field to 8.3 miles south of the Huntsville International-
Carl T. Jones Field: RWY 36L-LOC, and within a 9.5-mile radius of
Redstone AAF, and within a 7-mile radius of Pryor Field Regional
Airport, and within a 6.3-mile radius of Huntsville Executive Tom
Sharp Jr. Field.

    Issued in Fort Worth, Texas, on September 11, 2019.
Johanna Forkner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-20111 Filed 9-17-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 21, 2007 (Volume 72, Number 97)]
[Notices]
[Page 28531-28532]
[DOCID:fr21my07-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55764; File No. SR-ISE-2007-18]

Self-Regulatory Organizations; International Securities Exchange,
LLC.; Order Approving Proposed Rule Change Relating to Information
Regarding Customer Interest on the Book

May 15, 2007.

I. Introduction

    On March 5, 2007, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to allow the ISE to make
available to all ISE members information regarding the quantity of
public customer contracts included in the ISE's highest bid and lowest
offer. The proposed rule change was published for comment in the
Federal Register on April 12, 2007.\3\ The Commission received no
comments regarding the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55589 (April 5,
2007), 72 FR 18498.
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II. Description of the Proposal

    Currently, the ISE provides information regarding the quantity of
public customer contracts at the ISE's best bid and best offer
(``BBO'') only to Primary Market Makers (``PMMs''). The ISE proposes to
adopt ISE Rule 713, Supplementary Material .04, to allow the ISE to
make such information available to all ISE members. According to the
ISE, the Chicago Board Options Exchange (``CBOE'') currently provides
its members with information regarding customer interest at the CBOE's
BBO. The ISE believes that it is necessary to provide its members with
similar information to remain competitive with the CBOE. In addition,
the ISE notes that the information would allow an ISE member to know
the number of customer contracts it would need to satisfy before the
member could cross a large block-sized order. The ISE believes that
such information is particularly useful for members seeking to execute
larger-sized orders through the ISE's block and facilitation
mechanisms.\4\
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    \4\ See ISE Rule 716.
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    In addition, the proposal corrects several cross-references in ISE
Rule 713(a).

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\5\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\6\ which requires, among other things, that
the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. Specifically,
the proposal will allow the ISE to make available to all ISE members
information regarding customer interest at the ISE's BBO that currently
is available only to PMMs. In addition, the proposal will allow the ISE
to provide its members with the same customer interest information that
CBOE currently makes available to its members.
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    \5\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-ISE-2007-18) is approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E7-9664 Filed 5-18-07; 8:45 am]

BILLING CODE 8010-01-P


 Forwarded by Lars Wilcut/ DC/ USEPA/ US on 09/ 29/ 2003 10: 30 AM  Cara Lalley/ DC/ USEPA/ US@ EPA 09/ 25/ 2003 05: 13 PM To: Lars Wilcut/ DC/ USEPA/ US@ EPA cc: Fax to: Subject: bull trout spawning criteria addendum  Forwarded by Cara Lalley/ DC/ USEPA/ US on 09/ 25/ 03 05: 12 PM

Elizabeth_ Materna @ r1. fws. gov To: Adrianne Allen/ R10/ USEPA/ US@ EPA, Keith Cohon/ R10/ USEPA/ US@ EPA, Carolann Siciliano/ DC/ USEPA/ US@ EPA, 09/ 25/ 03 10: 33 AM Dru Keenan/ R10/ USEPA/ US@ EPA, John Palmer/ R10/ USEPA/ US@ EPA, Cara Lalley/ DC/ USEPA/ US@ EPA, Kay_ Dawn_ Mar@ nifc. blm. gov cc: Subject: bull trout spawning criteria addendum The Bull Trout Recovery Plan which is mentioned in the first sentence is in DRAFT form. Sorry, I mistakenly neglected it in my first message.

 Forwarded by Elizabeth Materna/ OSO/ R1/ FWS/ DOI on 09/ 25/ 2003 07: 31 AM

Elizabeth Materna To: Allen. Adrianne@ epamail. epa. gov, cohon. keith@ epamail. epa. gov,

siciliano. carolann@ epamail. epa. gov, Keenan. Dru@ epamail. epa. gov,

09/ 24/ 2003 03: 23 Palmer. John@ epamail. epa. gov, lalley. cara@ epamail. epa. gov, Kay Dawn Mar/ NIFC/ BLM/ DOI@ BLM PM cc:

Subject: bull trout spawning criteria Here is a description of the bull trout spawning criteria issue and some related information from our Bull Trout Recovery Plan, October 2002. Issue For most areas of bull trout spawning and rearing where numeric criteria of 12C as the 7DADM apply, we are assuming that the appropriate spawning temperature will be reached as the fall season progresses. Bull trout spawning typically occurs from August to November during periods of decreasing water temperatures. However, reservoirs can interrupt the natural cooling pattern/ process that the assumption is based upon and thus, we need to be able to ensure that water temperatures for BT spawning areas below reservoirs are at the appropriate temperatures ( 9C) during spawning times.

During the EPA Region 10 Temperature Criteria Guidance Project, a panel of experts investigating different aspects of bull trout temperature requirements was assembled to review information related to the range of optimal temperatures for bull trout and risks associated within and beyond the range. The Bull Trout Temperature Criteria Peer Review Panel was specifically asked if establishing a separate spawning season criteria was warranted. The panel did not feel it would be appropariate to establish a separate spawning criteria with the possible exception of regulated rivers ( i. e. those with dams). US Fish and Wildlife Service ( FWS) Bull Trout Recovery Unit Team lead biologists for Oregon were separately surveyed about this issue and they also felt that a separate spawning criteria was not necessary except where spawning areas occur below dams.

FWS Bull Trout Recovery Unit Team lead biologists were asked to identify dams or reservoirs above spawning areas. They identified the following four dams: Clear Creek Reservoir and Mehlhorn Reservoir on upper Clear Creek in the Pine Subbasin ( Powder Basin); Laurance Lake ( Clear Branch Dam) on the Middle Fork Hood River ( Hood Basin); and Carmen Reservoir on the upper McKenzie in the Willamette Basin. The corresponding spawning times from ODFW timing information is as follows: Hood Basin ( Middle Fork Hood River) peak use Sept. 15 Oct. 30 and lesser use Aug. 15 to Nov. 30; and McKenzie ( above Blue River) peak use Sept. 1 30 and lesser use Aug. 15 Oct. 30. There are no timing tables for the Powder Basin ( Pine Creek) but Paul Bridges of our office ( Recovery Unit Team lead biologist for the John Day Basin with much on the ground experience) said Sept. 1 would be an appropriate start date and Oct. 31 an adequate end date.

General Background Dams affect bull trout by altering temperature regimes. Manipulated flow releases from storage projects alter the natural flow regime and affect water temperature. The effects of the myriad of small irrigation diversion and hydropower projects throughout the range of bull trout are likely of even greater significance than the large hydropower and flood control projects. Many of these are located further up in the watersheds and can periodically dewater a downstream reach. Even if diversions are not so severe as to dewater downstream reaches, reduced flows can result in thermal passage barriers. The prevalence of these structures throughout the range of bull trout has contributed to isolation of bull trout populations to the upper watersheds in many areas.

Although bull trout are widely distrubuted over a large geographic area, increased habitat fragmentation reduces the amount of available habitat and increases isolation from other populations. When species are isolated by fragmentation, low rates of population growth are typical in local populations and their probability of exinction is directly related to the degree of isolation and fragmentation. Without sufficent immigration, growth for local populations may be low and probablility of extinction high. There is more genetic divergence among bull trout than among salmon, indicating less genetic exchange among bull trout populations. Bull trout are isolated in the headwaters of tributaries and where migratory bull trout are not present, these isolated populations cannot be replenished when a disturbance makes local habitats unsuitable.

Basin Specific Information Pine Creek subbasin has depressed resident populations of bull trout. Maximum estimated abundance for bull trout was less than 400 individuals for each stream. Numerous water diversions, ditches, and reservoirs have been constructed to supply water for the irrigated agriculture and ranching activities that occur here. Many of these structures have created unsuitable habitat conditions including elevated water temperatures. In the Pine Creek subbasin there are 12 reservoirs which may be sufficiently raising water temperatures downstream so that bull trout distribution is affected. Habitat fragmentation has resulted in isolated groups of bull trout in this recovery unit.

Bull trout populations in the Willamette Recovery Unit are exposed to greater risk of extinction because of their small population size and physical isolation and they are below the numbers that, in current population theory, are thought to represent a viable population ( minimum of 1,000 adult spawning individuals) to minimize inbreeding effects and maintain an ability to adapt to changing evnironmental conditions. Spawning and rearing habitat is in the mainstem McKenize River above the Trail Bridge pool.

Clear Branch Dam ( Laurance Lake) in the Middle Fork Hood River has isolated bull trout above and below the dam. The relatively warm impounded waters increase stream temperatures below the dam beyond those suitable for bull trout at certain times of the year. The draft recovery plan states that Bull trout in the Clear Branch of Hood River occur primarily above the Clear Branch Dam, however comments collected during the public comment period indicate that it provides spawning and rearing habitat below the dam as well. Migratory life forms persist in at least some local populations with partial ability to connect with other local populations resulting in this area categorized as at an intermediate threat level.