[Federal Register: April 14, 2009 (Volume 74, Number 70)]
[Rules and Regulations]
[Page 17099-17102]
[DOCID:fr14ap09-11]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192 and 195

[Docket No. PHMSA-2008-0334.]
RIN 2137-AE42

Pipeline Safety: Incorporation by Reference Update: American
Petroleum Institute (API) Standards 5L and 1104

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Direct final rule.

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SUMMARY: This direct final rule incorporates by reference the most
recent editions of API Specification 5L ``Specification for Line Pipe''
and API 1104 ``Welding of Pipelines and Related Facilities.'' The
purpose of this update is to enable pipeline operators to utilize
current technology, materials, and practices to help maintain a high
level of safety relative to their pipeline operations. PHMSA is not
eliminating the use of the current referenced standards but simply
allowing the additional use of these new standards. PHMSA may in the
future propose to eliminate the incorporation of the existing
referenced standards.

DATES: Effective Date: This rule is effective April 14, 2009 without
further action, unless adverse comment is received by June 15, 2009. If
adverse comment is received, PHMSA will publish a timely withdrawal of
the rule in the Federal Register.
    Incorporation by Reference Date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of April 14, 2009.

ADDRESSES: Comments should reference DOT Docket ID Number PHMSA-2008-
0334 and may be submitted by any of the following methods:
     E-Gov Web: http://www.regulations.gov. This web site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the online instructions for submitting
comments.
     Mail: Docket Management System: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: DOT Docket Management System,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Identify the docket ID, PHMSA 2008-0334, at the
beginning of your comments. If you submit your comments by mail, submit
two copies. If you wish to receive confirmation that PHMSA received
your comments, include a self-addressed stamped postcard. Internet
users may submit comments at http://www.regulations.gov.

    Note:  All comments received will be posted without edits to
http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.

    Privacy Act: Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://
DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: For information about the technical
standards contact Mike Israni,<PHONE_NUMBER>, or by e-mail at
<EMAIL_ADDRESS>For all other information contact John Gale by
phone at<PHONE_NUMBER> or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    This direct final rule adopts the most recent editions of two
consensus technical standards, the American Petroleum Institute (API)
5L (44th edition) and API 1104 (20th edition). Through use of these
consensus standards, pipeline operators will be able to use current
technology, materials, and practices. The incorporation of the most
recent

editions of these standards improves clarity, consistency, and
accuracy, reduces unnecessary burdens on the regulated community and
will provide, at minimum, an equivalent level of safety. PHMSA is not
eliminating the use of the current referenced standards but simply
allowing the additional use of these new standards. PHMSA may in the
future propose to eliminate the incorporation of the existing
referenced standards.

Standards Incorporated by Reference

    The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) directs Federal agencies to use voluntary consensus
standards in lieu of government-written standards whenever possible.
Voluntary consensus standards are standards developed or adopted by
voluntary bodies that develop, establish, or coordinate technical
standards using agreed upon procedures.
    PHMSA's Office of Pipeline Safety participates in more than 25
national voluntary consensus standards committees. PHMSA's policy is to
adopt voluntary consensus standards when they are applicable to
pipeline design, construction, maintenance, inspection, and repair.
PHMSA has the ultimate responsibility to ensure the best interests of
public safety are being served. PHMSA reviews and approves for
incorporation by reference updated versions based on this directive.
When PHMSA believes some aspect of the standard does not meet this
directive, it will not incorporate the new edition, or that part of the
standard that it believes is contradictory with the directive. In
recent years, PHMSA has adopted dozens of new and revised voluntary
consensus standards into its gas pipeline (49 CFR Part 192)
regulations, its liquefied natural gas (LNG) (49 CFR Part 193)
regulations, and its hazardous liquid pipeline (49 CFR Part 195)
regulations.
    Parts 192, 193, and 195 incorporate by reference all or parts of
more than 60 standards and specifications developed and published by
technical organizations, including the American Petroleum Institute,
American Gas Association, American Society of Civil Engineers, American
Society of Mechanical Engineers, American Society for Testing and
Materials, Manufacturers Standardization Society of the Valve and
Fittings Industry, National Fire Protection Association, Plastics Pipe
Institute, and Pipeline Research Council International. These
organizations update and revise their published standards every 3 to 5
years to reflect modern technology and best technical practices. PHMSA
has reviewed the revised voluntary consensus standards being
incorporated in this final rule.

New Editions of Standards

    The following new editions of currently referenced standards are
being incorporated by reference (IBR) in part 192 and 195. These new
editions refine and clarify existing material in the standard and
generally do not introduce new topics.
    American Petroleum Institute (API):
     ANSI/API Spec 5L/ISO 3183 ``Specification for Line Pipe''
(44th edition, 2007) Referenced by 49 CFR 192.55(e); 192.112; 192.113;
Item I, Appendix B to part 192; 195.106(b)(1)(i); 195.106(e)
    Amendments to API 5L in the 44th edition include:
    1. High default toughness criteria for PSL 2 pipe previously not
specified, ensuring a higher toughness baseline for most critical
product in the field.
    2. Restrictive dimensional limits (including wall thickness,
diameter, out-of-round, pipe end geometric irregularities) ensuring
better field fit up and welding.
    3. More comprehensive description of ultrasonic and radiographic
methods and documentation testing providing a more consistent weld and
body inspection and pipe traceability is improved through key
inspection step.
    4. New sour service and offshore requirements including restrictive
documentation, processing, chemical composition, inspection and
mechanical property controls ensuring well suited product applied to
these critical applications.
     API 1104 ``Welding of Pipelines and Related Facilities''
(20th edition, errata, 2008) Referenced in 49 CFR 192.227(a);
192.229(c)(1); and 192.241(c); Item II, Appendix B; 195.222; 195.228(b)
and 195.214(a)
    The 20th edition of API 1104 includes a new Appendix A. Appendix A
describes the method to determine the maximum height and length of a
weld imperfection that can remain in a girth weld and not be a threat
to the integrity of a pipeline. Appendix A in the 19th edition is an
old standard that was developed in the 1970s and at that time X 60
material was the strongest pipe available. Now X 80 is common place.
    By letters dated September 26, 2008 and December 4, 2008, EVRAZ,
Inc. and California Steel Industries, Inc., petitioned PHMSA to allow
the immediate use of the 44th edition of API 5L. The petitioners
explained that the failure to allow the use of the newer standard would
adversely impact the metallurgy and tolerances of the pipe manufactured
in their plants and that the impact was industry-wide. Due to the lead
time of ordering steel pipe for major infrastructure projects, the
petitioners urgently requested that PHMSA allow the use of the newer
standard in order to avoid adverse impacts on their customers' projects
involving thousands of tons of pipe and hundreds of workers.
    This direct final rule is issued under the procedures set forth in
49 CFR 190.339. That provision allows for incorporation by reference of
industry standards by direct final rule. If an adverse comment or
notice of intent to file an adverse comment is received, a timely
document will be published in the Federal Register withdrawing this
direct final rule in whole or in part. Interested parties should refer
to 49 CFR 190.339(c) for discussion of what constitutes an adverse
comment.

II. Regulatory Analyses and Notices

Statutory/Legal Authority for Rulemaking

    This final rule is published under the authority of 49 U.S.C. 60101
et seq. Section 60102(a) of 49 U.S.C. authorizes the Secretary of
Transportation to prescribe regulations related to pipeline safety.

Executive Order 12866 and DOT Policies and Procedures

    This direct final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not subject to review by the Office of Management and Budget. This
direct final rule is not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).
    In this final rule we are updating references to standards that are
incorporated in the pipeline safety regulations. These updates will
enhance safety while reducing the compliance burden on the regulated
industry. We invite public comment on any impacts of these amendments.

Executive Order 13132

    PHMSA has analyzed the direct final rule according to Executive
Order 13132 (64 FR 43255, August 10, 1999). The direct final rule does
not have a substantial direct effect on the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government. The
direct final rule does not impose substantial direct compliance costs
on State and local

governments. This direct final rule does not preempt state law for
intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 does not apply.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. This direct
final rule ensures that operators are able to use the most current
editions of technical standards incorporated by reference. PHMSA
concludes this rule does not have a significant negative economic
impact on any small entity. Based on the facts available about the
expected impact of this rulemaking, I certify, under Section 605 of the
Regulatory Flexibility Act (5 U.S.C. 605) that this rulemaking will not
have a significant economic impact on a substantial number of small
entities.

Executive Order 13175

    PHMSA has analyzed this direct final rule according to Executive
Order 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the direct final rule does not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.

Paperwork Reduction Act

    This direct final rule does not impose any new information
collection requirements.

Unfunded Mandates Reform Act of 1995

    This direct final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is least burdensome
alternative that achieves the objective of the rulemaking.

National Environmental Policy Act

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on any action significantly affecting the quality of the human
environment. Since these new standards provide, at minimum, an
equivalent level of protection to the currently referenced standards,
it is unlikely that the adoption of these standards will have any
significant impacts on the environment. We welcome comment on this
conclusion.

Executive Order 13211

    Transporting gas impacts the nation's available energy supply.
However, this direct final rule is not a ``significant energy action''
under Executive Order 13211. It also is not a significant regulatory
action under Executive Order 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Further, the Administrator of the Office of Information and
Regulatory Affairs is not likely to identify this direct final rule as
a significant energy action.

Privacy Act Statement

    Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit http://dms.dot.gov.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.

List of Subjects

49 CFR Part 192

    Pipeline safety, reporting, and recordkeeping requirements.

49 CFR Part 195

    Ammonia, Carbon dioxide, Incorporation by reference, Petroleum,
Pipeline safety, and Reporting and recordkeeping requirements.

0
In consideration of the foregoing, PHMSA amends 49 CFR parts 192 and
195 as follows:

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS

0
1. The authority citation for part 192 continues to read as follows:

    Authority:  49 U.S.C. and 5103, 60102, 60104, 60108, 60109,
60110, 60113, 60116, and 60118; and 49 CFR 1.53.

0
2. In Sec.  192.7 paragraph (c)(2) the documents incorporated by
reference under B. American Petroleum Institute (API) entries (1) and
(5) are revised to read as follows:

Sec.  192.7  What documents are incorporated by reference partly or
wholly in this part?

* * * * *
    (c) * * *
    (2) Documents incorporated by reference.

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                              * * * * * * *
B. American Petroleum Institute (API):
(1) ANSI/API Specification 5L/ISO 3183   Sec.  Sec.   192.55(e);
 ``Specification for Line Pipe'' (43rd    192.112; 192.113; Item I of
 edition and errata, 2004, and 44th       Appendix B.
 edition, 2007).

                              * * * * * * *
(5) API 1104 ``Welding of Pipelines and  Sec.  Sec.   192.227(a);
 Related Facilities'' (19th edition       192.229(c)(1); 192.241(c);
 1999, including errata October 31,       Item II, and Appendix B.
 2001; and 20th edition 2007, including
 errata 2008).

                              * * * * * * *
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PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
3. The authority citation for part 195 continues to read as follows:

    Authority:  49 U.S.C. and 5103, 60102, 60104, 60108, 60109,
60118; and 49 CFR 1.53.

0
4. In Sec.  195.3 paragraph (c) the documents incorporated by reference
under B. American Petroleum Institute (API) entries (1) and (10) are
revised to read as follows:

Sec.  195.3  Incorporation by reference.

* * * * *
    (c) * * *

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                              * * * * * * *
B. American Petroleum Institute (API):   Sec.  Sec.   195.106(b)(1)(i);
 (1) ANSI/API Specification 5L/ISO 3183   195.106(e).
 ``Specification for Line Pipe'' (43rd
 edition and errata, 2004; and 44th
 edition, 2007).

                              * * * * * * *
(10) API 1104 ``Welding of Pipelines     Sec.  Sec.   195.222;
 and Related Facilities'' (19th edition   195.228(b); 195.214(a).
 1999, including errata October 31,
 2001; and 20th edition 2007, including
 errata 2008).
                              * * * * * * *
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    Issued in Washington, DC, on April 6, 2009 under the authority
delegated in part 1.
Cynthia Douglass,
Acting Deputy Administrator.
 [FR Doc. E9-8376 Filed 4-13-09; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Proposed Rules]
[Pages 68030-68032]
[FR Doc No: 2020-23089]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-10015-86]

Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (September 2020)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before November 27, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing
address, include the contact person's name, division, and mail code.
The division to contact is listed at the end of each pesticide petition
summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 174 and/or part 180 for residues of
pesticide chemicals in or on various food commodities. The Agency is
taking public comment on the request before responding to the
petitioner. EPA is not proposing any particular action at this time.
EPA has determined that the pesticide petition described in this
document contains data or information prescribed in FFDCA section
408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated
the sufficiency of the submitted data at this time or whether the data
supports granting of the pesticide petition. After considering the
public comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

Notice of Filing--New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11383. (EPA-HQ-OPP-2020-0243). Spring Regulatory Sciences
(6620 Cypresswood Dr, Suite 250, Spring, TX 77379) on behalf of Sasol
Chemicals (USA) LLC (12120 Wickchester Lane, Houston, TX 77224)
requests to establish an exemption from the requirement of a tolerance
for residues of isooctanol (CAS Reg. No. 26952-21-6); nonanol, branched
and linear (CAS Reg. No. 68515-81-1); undecanol, branched and linear
(CAS Reg. No. 128973-77-3); undecanol, branched (CAS Reg. No. 203743-
00-4); 2-Butyl-1-octanol (CAS Reg. No. 3913-02-8); isotridecanol (CAS
Reg. No. 27458-92-0); alcohols C10-C16 (CAS Reg. No. 67762-41-8);
alcohols, C12-C13 branched and linear (CAS Reg. No. 740817-83-8); 2-
Hexyl-1-decanol (CAS Reg. No. 2425-77-6); alcohols, C14-18 (CAS Reg.
No. 67762-30-5); alcohols, C14-C15 branched and linear (CAS Reg. No.
120944-67-4); alcohols, C16-18 (CAS Reg. No. 67762-27-0); alcohols,
C16-C17 branched and linear (CAS Reg. No. 1334422-17-1); 2-Octyl-1-
decanol (CAS Reg. No. 45235-48-1); 2-Hexyl-1-dodecanol (CAS Reg. No.
110225-00-8); 2-Octyl-1-dodecanol (CAS Reg. No. 5333-42-6); 2-Decyl-1-
tetradecanol (CAS Reg. No. 58670-89-6); 2-Dodecyl-1-hexadecanol (CAS
Reg. No. 72388-18-2); 2-Tetradecyl-1-octadecanol (CAS Reg. No. 32582-
32-4) when used as inert ingredients (carrier/adjuvant and coating
agent/binder) in pesticide formulations applied to growing crops pre-
and post-harvest under 40 CFR 180.910, in/on animals under 40 CFR
180.930 and in antimicrobial formulations applied to food-contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils under 40 CFR 180.940(a). The
petitioner believes no analytical method is needed because it is not
required for an exemption from the requirement of a tolerance. Contact:
RD.

Notice of Filing--New Tolerances for Non-Inerts

    1. PP 0F8836. (EPA-HQ-OPP-2020-0449). Dow AgroSciences LLC, 9330
Zionsville Road, Indianapolis, IN, requests to establish a tolerance in
40 CFR part 180 for residues of the fungicide florylpicoxamid in or on
barley, bran at 0.2 parts per million (ppm); barley, grain at 0.05 ppm;
barley, hay at 2.0 ppm; barley, straw at 0.9 ppm; beans, dried shelled
(except soybean), subgroup 6C, straw at 0.9 ppm; beet, sugar, dried
pulp at 0.4 ppm; beet, sugar, roots at 0.05 ppm; beet, sugar, tops at
0.3 ppm; pea and bean, dried shelled, except soybean, subgroup 6C at
0.02 ppm; pea, dried shelled, hay at 8.0 ppm; pea, dried shelled, vines
at 3.0 ppm; rapeseed subgroup 20A, fodder/straw at 2.0 ppm; rapeseed
subgroup 20A, seed at 0.04 ppm; wheat, aspirated grain fractions at 0.1
ppm; wheat, bran at 0.05 ppm; wheat, forage at 2.0 ppm; wheat, grain at
0.02 ppm; wheat, hay at 4.0 ppm; wheat, straw at 0.3 ppm and in or on
the raw agricultural commodity cattle, fat at 0.02 ppm; cattle, meat at
0.02 ppm; cattle, meat byproducts at 0.02 ppm; egg at 0.02 ppm; goat,
fat at 0.02 ppm; goat, meat at 0.02 ppm; goat, meat byproducts at 0.02
ppm; hog, fat at 0.02 ppm; hog, meat at 0.02 ppm; hot, meat byproduct
at 0.02 ppm; horse, fat at 0.02 ppm; horse, meat at 0.02 ppm; horse,
meat byproduct at 0.02 ppm; milk at 0.02 ppm; poultry, fat at 0.02 ppm;
poultry,

liver at 0.02 ppm; poultry, muscle at 0.02 ppm; sheep, fat at 0.02 ppm;
sheep, meat at 0.02 ppm; sheep, meat byproducts at 0.02 ppm. The
analytical method 181487, ``Validation of Multiresidue Method for XDE-
659 and its Metabolite (X12485649) in Crop and Animal Tissues'', is
used to measure and evaluate the chemical florylpicoxamid for
enforcement purposes and the data generating method 190564, ``An
Analytical Method for the Determination of XDE-659 and its Metabolites
X12485649, X12563767, X12641685 and X12717067 in Crop Matrices'', was
validated for use on processed fractions within the individual
magnitude of residue studies. Contact: RD.
    2. PP 0F8869. (EPA-HQ-OPP-2020-0511). McLaughlin Gormley King
Company D/B/A MGK, 8810 10th Avenue North, Minneapolis, MN 55427-4319,
requests to establish a tolerance for residues of the insecticide
clothianidin in or on Food Handling Establishments at 0.01 ppm.
Detailed analytical methods can be found in the Determination of
Pesticide Residues in Food Commodities Following ULV Fogging Treatment
of a Simulated Food Processing Facility. Contact: RD.
    3. PP 0F8870. (EPA-HQ-OPP-2020-0512). McLaughlin Gormley King
Company D/B/A MGK, 8810 10th Avenue North, Minneapolis, MN 55427-4319,
requests to establish tolerances for residues of the insecticide
pyriproxyfen in or on eggs at 0.01 ppm; poultry (except poultry fat) at
0.01 ppm; and poultry, fat at 0.04 ppm. Detailed analytical methods can
be found in the Determination of Pesticide Residues in Eggs and Tissues
of Laying Hens Following Indoor Fogging Administration. Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: October 9, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-23089 Filed 10-26-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57012-57014]
[FR Doc No: 2023-17776]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1648; Project Identifier AD-2022-01501-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 787-8, 787-9, and 787-10
airplanes. This proposed AD was prompted by a reported quality
escapement where the seat track fitting nuts were under-torqued on some
flight attendant seats in production. This proposed AD requires re-
torqueing each free standing attendant seat track fitting nut. The FAA
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 6,
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1648; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tony Koung, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1648; Project Identifier
AD-2022-01501-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

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

Background

    The FAA has received a report indicating Boeing found a quality
escapement where the seat track fitting nuts were under-torqued on some
flight attendant seats in production. One flight attendant seat was
discovered to be loose after final installation, and a subsequent
production line check found similarly under-torqued fitting nuts on
other airplanes. An investigation revealed that the attachment nuts
were torqued using a yoke-type U-joint adapter, which is not allowed
for final torque, as using these adapters can result in inaccurate
torque values. While the attachment nuts should be torqued to 140-150
in-lbs, the inspections found a few fitting nuts that were only finger
tight (essentially zero torque), and many fitting nuts that were
torqued only to the 30-130 in-lbs range. This condition, if not
addressed, could result in the forward facing flight attendant seats
breaking free in a high load event, causing injury to the flight
attendants and blocking the exits during emergency egress.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Service Letter 787-SL-25-025, dated
September 6, 2022. This service information specifies procedures for
re-torqueing each free standing attendant seat track fitting nut to
140-150 in-lbs. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

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

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 134 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Re-Torque seat track fitting nuts  Up to 2.5 work-                  $0  Up to $212.50......  Up to $28,475.
                                    hours x $85 per
                                    hour = Up to
                                    $212.50.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2023-1648; Project Identifier AD-
2022-01501-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 6, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as identified in
Boeing Service Letter 787-SL-25-025, dated September 6, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a reported quality escapement where the
seat track fitting nuts were under-torqued on some flight attendant
seats in production. The FAA is issuing this AD to address under-
torqued seat track fitting nuts. The unsafe condition, if not
addressed, could result in the forward facing flight attendant seats
breaking free in a high load event, causing injury to flight
attendants and blocking the exits during emergency egress.

(f) Compliance

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

(g) Re-torque Seat Track Fitting Nuts

    Within 6 months after the effective date of this AD, re-torque
each free standing attendant seat track fitting nut in accordance
with Steps 2., 3., and 4. of ``Suggested Operator Action'' of Boeing
Service Letter 787-SL-25-025, dated September 6, 2022.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph (i)
of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-520
Continued Operational Safety Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(i) Related Information

    For more information about this AD, contact Tony Koung, Aviation
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone:<PHONE_NUMBER>; email: [email protected].

(j) 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 Service Letter 787-SL-25-025, dated September 6,
2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 26, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17776 Filed 8-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Rules and Regulations]
[Pages 41395-41397]
[FR Doc No: 2011-17621]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1024; Directorate Identifier 2010-NE-34-AD;
Amendment 39-16753; AD 2011-15-06]
RIN 2120-AA64

Airworthiness Directives; General Electric Company GE90-76B;
GE90-77B; GE90-85B; GE90-90B; and GE90-94B Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires initial and repetitive
fluorescent penetrant inspections (FPIs) and eddy current inspections
(ECIs) of the high-pressure compressor rotor (HPCR) 8-10 stage spool,
part numbers (P/Ns) 1844M90G01 and 1844M90G02, for cracks between the
9-10 stages at each piece-part exposure. This AD was prompted by cracks
discovered on one HPCR 8-10 spool between the 9-10 stages in the weld
joint. We are issuing this AD to prevent failure of the HPCR 8-10 stage
spool, uncontained engine failure, and damage to the airplane.

DATES: This AD is effective August 18, 2011.

ADDRESSES: For service information identified in this AD, contact GE-
Aviation M/D Rm. 285, One Neumann Way, Cincinnati, OH 45215, phone:
513-552-3272; e-mail<EMAIL_ADDRESS>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.

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: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, 12 New England Executive Park, Burlington,
MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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 22, 2010 (75 FR 80370). That NPRM proposed to require initial
and repetitive FPIs and ECIs of the HPCR 8-10 stage spool, P/Ns
1844M90G01 and 1844M90G02, for cracks between the 9-10 stages, at each
piece-part exposure.

Comments

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

Request

    Two commenters, General Electric Company and The Boeing Company,
requested that we remove the ``Unsafe

Condition'' paragraph from the AD, and reword the Summary section to
resemble the Summary section of AD 2002-04-11. The commenters stated
that, by their analyses, cracks in the weld joint would not develop
into an uncontained failure. The commenters stated that HPCR 8-10 stage
spools, P/Ns 1844M90G01 and 1844M90G02, be inspected by an enhanced
inspection, similar to those parts covered in AD 2002-04-11.

Answer

    We do not agree. AD 2002-04-11 was issued because of additional
focused inspection procedures that had been developed by the
manufacturer. Because cracks were discovered on one HPCR 8-10 spool
between the 9-10 stages in the weld joint, this unsafe condition is
likely to exist or develop in other products of the same type design.
The unsafe condition could result in failure of the HPCR 8-10 stage
spool, uncontained engine failure, and damage to the airplane. We
determined that this unsafe condition requires mandatory repetitive
inspections for cracks. We did not change the AD.

Request

    China Southern Airlines requested that we specify any terminating
actions to the repetitive inspections of the affected part numbers of
HPCR 8-10 spools.

Answer

    We disagree. Unless the part is replaced with a part not subject to
this AD, no terminating actions to the repetitive inspections exist.

Question

    China Southern Airlines asked if the initial and repetitive FPIs
and ECIs of the HPCR 8-10 stage spool at each piece-part exposure in
the shop effectively prevent failure during normal engine operation,
since the high-pressure module overhaul interval is 48,000 hours or
6,000 cycles when the spool can have piece-part exposure per current
GE90 Workscope Planning Guide.

Answer

    Yes, the FAA has determined that the actions required by the AD
will effectively prevent failure of the HPCR 8-10 stage spool by
removing cracked parts from service.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 33 GE90-76B; GE90-77B; GE90-
85B; GE90-90B; and GE90-94B engines, installed on airplanes of U.S.
registry. We also estimate that it will take about 2 work-hours per
engine to perform the inspection, and that the average labor rate is
$85 per work-hour. Based on these figures, we estimate the total cost
of the AD to U.S. operators to be $5,610 for one inspection cycle.

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):

2011-15-06 General Electric Company: Amendment 39-16753; Docket No.
FAA-2010-1024; Directorate Identifier 2010-NE-34-AD.

Effective Date

    (a) This AD is effective August 18, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to General Electric Company GE90-76B; GE90-
77B; GE90-85B; GE90-90B; and GE90-94B turbofan engines with a high-
pressure compressor rotor (HPCR) 8-10 stage spool, part number (P/N)
1844M90G01 or 1844M90G02, installed.

Unsafe Condition

    (d) This AD was prompted by cracks discovered on one HPCR 8-10
spool between the 9-10 stages in the weld joint. We are issuing this
AD to prevent failure of the HPCR 8-10 stage spool, uncontained
engine failure, and damage to the airplane.

Compliance

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

Inspections of the HPCR 8-10 Stage Spool

    (f)(1) At the next piece-part exposure of the HPCR 8-10 stage
spool after the effective date of this AD, perform a fluorescent
penetrant inspection (FPI) and eddy current inspection (ECI) of the
weld joint between the 9-10 stages of the HPCR 8-10 stage spool for
cracks.
    (2) Thereafter, perform repetitive FPIs and ECIs of the weld
joint between the 9-10 stages of the HPCR 8-10 stage spool for
cracks at every piece-part exposure of the HPCR 8-10 stage spool.
    (3) Remove from service any HPCR 8-10 stage spool found cracked.
    (4) Guidance on performing the FPI can be found in GE90
(GEK100700) Engine Manual, Chapter 72-31-08, Inspection 001.

    (5) Guidance on performing the ECI can be found in GE90
(GEK100700) Engine Manual, Chapter 72-31-08, Special Procedures 001.

Definition

    (g) For the purpose of this AD, piece-part exposure is when the
HPCR stage 8-10 spool is removed from the engine and completely
disassembled.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (i)(1) For more information about this AD, contact Jason Yang,
Aerospace Engineer, Engine Certification Office, FAA, 12 New England
Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; e-mail<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
General Electric Company, GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Material Incorporated by Reference

    (j) None.

    Issued in Burlington, Massachusetts, on July 7, 2011.
Peter A. White,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-17621 Filed 7-13-11; 8:45 am]
BILLING CODE 4910-13-P


Permit Number:  00-A-965-S3

Plant Number:  11-01-029

Company:  Meridian Manufacturing Group

Contact Person:
Responsible Party:
Al Gonzalez
Jeff Kenzie
EH&S Coordinator
Director of U.S. Operations

712-723-1780

<EMAIL_ADDRESS>

2902 Expansion Blvd.
2902 Expansion Blvd.
Storm Lake, IA 50588
Storm Lake, IA 50588

                              Permitted Equipment

Emission Point ID:  8

Emission Unit(s) and Control Equipment:

                                     EU ID
                                  Description
                            Maximum Rated Capacity
                     Control Equipment Description and ID
                                       6
                                 Paint Kitchen
                                      NA
                                     None

Equipment Location:  2902 Expansion Blvd.
                        Storm Lake, IA 50588

Issuance of this permit shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP), and any other requirements of local, state, and federal law.

                                Project Number
                              Project Description
                                 Stack Testing
                                 Issuance Date
                                    18-181
                         Correct stack characteristics
                                      No
                                    7/19/18

                                     Under the Direction of the Director of the
                                                Department of Natural Resources

                               PERMIT CONDITIONS

1.  Emission Limits

The owner or operator is required to report all emissions as required by law, regardless of whether a specific emission limit has been established in this permit.  The following emission limits shall not be exceeded:

                                   Pollutant
                                   lb/hr[1]
                                  tons/yr[2]
                                 Other Limits
                                Reference/Basis
Volatile Organic Compounds

                                  Footnote 1

(Single HAP)

                                  Footnote 1

(Total HAP)

                                  Footnote 1

   [1] All VOC and HAP emissions from this unit are accounted for in the facility's paint booth permits.

2.  Compliance Demonstration(s)

                        Compliance Demonstration Table

                                   Pollutant
                            Compliance Methodology
                                   Frequency
                                 Test Run Time
                                  Test Method
VOC
                                      NA
                                      NA
                                      NA
                                      NA
HAP
                                      NA
                                      NA
                                      NA
                                      NA

If an initial stack test is specified in the "Compliance Demonstration Table," the owner or the owner's authorized agent shall demonstrate compliance with the emission limitations contained in Condition 1 within the applicable time period specified below:

 Within sixty (60) days after achieving the maximum production rate and no later than one hundred eighty (180) days after the initial startup date of the proposed equipment for the addition of new equipment or the physical modification of existing equipment or control equipment.
 Within ninety (90) days of the issuance of this permit if there is no physical modification to any emission units or control equipment.

If any additional stack testing beyond an initial test (i.e. quarterly, semi-annual, annual, etc.) is required in "Compliance Demonstration Table," the owner or the owner's authorized agent shall demonstrate compliance with the emission limitations contained in Condition 1 as specified in the "Compliance Demonstration Table."  See Conditions 12.A.(4) and 12.B.(5) for notification and reporting requirements.

2.  Compliance Demonstration(s) (Continued)

If stack testing is required, the owner or the owner's authorized agent shall use the test method and run time listed in the "Compliance Demonstration Table" unless another testing methodology is approved by the Department prior to testing.

Each emissions compliance test must be approved by the Department.  Unless otherwise specified by the Department, each test shall consist of three (3) separate runs.  The arithmetic mean of three (3) acceptable test runs shall apply for compliance, unless otherwise indicated by the Department.

Per 567 IAC 25.1(7)"a", at the Department's request, a pretest meeting shall be held not later than fifteen (15) days before the owner or operator conducts the compliance demonstration.  A testing protocol shall be submitted to the Department no later than fifteen (15) days before the owner or operator conducts the compliance demonstration.  Representatives from the Department shall attend this meeting, along with the owner and the testing firm, if any.  It shall be the responsibility of the owner to coordinate and schedule the pretest meeting.  A representative of the Department shall be allowed to witness the test(s).  The Department shall reserve the right to impose additional, different, or more detailed testing requirements.

The owner shall be responsible for the installation and maintenance of test ports.  The unit(s) being sampled shall be operated in a normal manner at its maximum continuous output as rated by the equipment manufacturer, or the rate specified by the owner as the maximum production rate at which this unit(s) will be operated. In cases where compliance is to be demonstrated at less than the maximum continuous output as rated by the manufacturer, and it is the owner's intent to limit the capacity to that rating, the owner may submit evidence to the Department that this unit(s) has been physically altered so that capacity cannot be exceeded, or the Department may require additional testing, continuous monitoring, reports of operating levels, or any other information deemed necessary by the Department to determine whether this unit(s) is in compliance.

3.  Emission Point Characteristics

This emission point shall conform to the specifications listed below:

                                   Parameter
                                     Value
Stack Height (feet from the ground)
8
Discharge Style
Horizontal
Stack Outlet Dimensions (inches)
12
Exhaust Temperature ([o]F)
70
Exhaust Flowrate (scfm)
600

The temperature and flowrate are intended to be representative and characteristic of the design of the permitted emission point.  The Department recognizes that the temperature and flow rate may vary with changes in the process and ambient conditions.  If it is determined that any of the emission point characteristics above are different than the values stated, the owner or operator shall submit a request either by electronic mail or written correspondence to the Department within thirty (30) days of the discovery to determine if a permit amendment is required, or submit a permit application requesting to amend the permit.

4.  Federal Standards

 New Source Performance Standards (NSPS):
The following subparts apply to the emission unit(s) in this permit:

This emission unit is not subject to any NSPS subparts at this time as there are no applicable subparts for its source category.

NOTE:  The absence of the inclusion of any NSPS requirements as part of this permit does not relieve the owner or operator from any obligation to comply with all applicable NSPS conditions.

 National Emission Standards for Hazardous Air Pollutants (NESHAP):
The following subparts apply to the emission unit(s) in this permit:

This emission unit is of the source category for Subpart MMMM, Surface Coating of Miscellaneous Metal Parts and Products; 40 CFR §63.3880  -  §63.3981.  However, this emission unit is not subject because the facility wide HAP emissions are less than the major source levels.

                                     EU ID
                                    Subpart
                                     Title
                                     Type
                           State Reference (567 IAC)
                          Federal Reference (40 CFR)
                                       6
                                       A
General Provisions
                                      NA
                                    23.1(4)
                              §63.1  -  §63.15

                                    XXXXXX
National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.
                                   Existing
                                   23.1(4)ex
                           §63.11514  -  §63.11522

NOTE:  The absence of the inclusion of any NESHAP requirements as part of this permit does not relieve the owner or operator from any obligation to comply with all applicable NESHAP conditions.

5.  Operating Requirements with Associated Monitoring and Recordkeeping

Unless specified by a federal regulation, all records as required by this permit shall be kept on-site for a minimum of two (2) years and shall be available for inspection by the Department.  Records shall be legible and maintained in an orderly manner.  The operating requirements and associated recordkeeping for this permit shall be:

 Painting and surface coating operations are not allowed in paint kitchen EU-6.

 The owner or operator shall meet the requirements of 40 CFR §63.11516(d)(1) through §63.11516(d)(9) whenever using spray material containing MFHAP as defined in 40 CFR §63.11522.

 The owner or operator shall meet the notification, recordkeeping and reporting requirements of 40 CFR §63.11519.

6.  Continuous Emission Monitoring Systems (CEMS)

Continuous emission monitoring is not required by this permit at this time.

7.  Department Review

This permit is issued under the authority of 567 Iowa Administrative Code (IAC) 22.3.  The proposed equipment has been evaluated for conformance with Iowa Code Chapter 455B; 567 IAC Chapters 20  -  35; and 40 Code of Federal Regulations (CFR) Parts 51, 52, 60, 61, and 63 and has the potential to comply.  This permit is issued based on information submitted by the applicant.  Any misinformation, false statements or misrepresentations by the applicant or by the applicant's representative(s) shall cause this permit to be void.

No review has been undertaken on the engineering aspects of the equipment or control equipment other than the potential of that equipment for reducing air contaminant emissions.  The Department assumes no liability, directly or indirectly, for any loss due to damage to persons or property caused by, resulting from, or arising out of the design, installation, maintenance or operation of the proposed equipment.

8.  Owner and Operator Responsibility

This permit is for the construction and operation of specific emission unit(s), control equipment, and emission point as described in this permit and in the application for this permit.  The permit holder, owner, and operator of the facility shall assure that the installation of the equipment listed in this permit conforms to the design in the application (i.e. type, maximum rated capacity, etc.).  No person shall construct, install, reconstruct or alter this emission unit(s), control equipment, or emission point without the required amended permit.

Any owner or operator of the specified emission unit(s), control equipment, or emission point, including any person who becomes an owner or operator subsequent to the date on which this permit is issued, is responsible for assuring that the installation, operation, and maintenance of the equipment listed in this permit is in compliance with the provisions of this permit and all other applicable requirements  and that adequate operation and maintenance is provided to ensure that no condition of air pollution is created.

9.  Transferability

Unless the equipment is portable, this permit is not transferable from one location to another or from one piece of equipment to another.  See Condition 12.A.(2) for notification requirements for relocating portable equipment (567 IAC 22.3(3)"f").

10.  Construction

 General Requirements:
      It is the owner's responsibility to ensure that construction conforms to the final plans and specifications as submitted.

      In permit amendments, all provisions of the original permit remain in full force and effect unless they are specifically changed by the permit amendment.  If a proposed project is not timely completed, the owner or operator shall seek a permit amendment in order to revert back to the most recent previous version of the permit.  The previous, unchanged permit provisions are included in the amendment for your convenience only and are unappealable.

      This permit or amendment shall become void if any one of the following conditions occurs:
 The construction or implementation of the proposed project, as it affects the emission point permitted herein, is not initiated within eighteen (18) months after the permit issuance date; or
 The construction or implementation of the proposed project, as it affects the emission point permitted herein, is not completed within thirty-six (36) months after the permit issuance date; or
 The construction or implementation of the proposed project, as it affects the emission point permitted herein, is not completed within a time period specified elsewhere in this permit.

 Changes to Plans and Specifications:
The owner or operator shall amend this permit or amendment prior to startup of the equipment if:
 Any changes are made to the final plans and specifications submitted for the proposed project; or
 This permit becomes void.

Changes to the final plans and specification shall include changes to plans and specifications for permitted equipment and control equipment and the specified operation thereof.

 Amended Permits:
The owner or operator may continue to act under the provisions of the previous permit for the affected emission unit(s) and emission point, together with any previous amendment to the permit, until one of the following conditions occurs:
          The proposed project authorized by this amendment is completed as it affects the emission unit(s) and emission point permitted herein; or
          This current amendment becomes void.

11.  Excess Emissions

Per 567 IAC 24.1(1), excess emissions during a period of startup, shutdown, or cleaning of control equipment are not a violation of the emission standard if it is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions except when another regulation applicable to the unit or process provides otherwise.  Cleaning of control equipment, which does not require the shutdown of process equipment, shall be limited to one (1) six-minute period per one (1) hour period.

An incident of excess emissions other than the above is a violation and may be subject to criminal penalties according to Iowa Code 455B.146A.  If excess emissions are occurring, either the control equipment causing the excess shall be repaired in an expeditious manner, or the process generating the emissions shall be shutdown within a reasonable period of time, as specified in 567 IAC 24.1.

An incident of excess emissions shall be orally reported by telephone, electronic mail or in person to the appropriate field office within eight (8) hours of, or at the start of, the first working day following the onset of the incident [See Permit Condition 12.B.(1)]. A written report of an incident of excess emissions shall be submitted as a follow-up to all required initial reports within seven (7) days of the onset of the upset condition [See Permit Condition 12.B.(2)].

12.  Notification, Reporting, and Recordkeeping

 The owner or operator shall furnish the Department the following written notifications:
          Per 567 IAC 22.3(3)"b":
             The date construction, installation, or alteration is initiated postmarked within thirty (30) days following initiation of construction, installation, or alteration.
             The actual date of startup, postmarked within fifteen (15) days following the start of operation.
          Per 567 IAC 22.3(3)"f," when portable equipment for which a permit has been issued is to be transferred from one location to another, the Department shall be notified:
          At least fourteen (14) days before equipment relocation if the equipment will be located in a nonattainment area for the National Ambient Air Quality Standards (NAAQS) or a maintenance area for the NAAQS.
          At least seven (7) days before equipment relocation.
          Per 567 IAC 22.3(8), a new owner shall notify the Department of the transfer of equipment ownership within thirty (30) days of the occurrence.  The notification shall include the following information:
             The date of ownership change; the name, address, and telephone number of the responsible official, the contact person, and the owner of the equipment both before and after the ownership change; and the construction permit number(s) of the equipment changing ownership.
          Unless specified per a federal regulation, the owner or the owner's authorized agent shall notify the Department in writing not less than thirty (30) days before a required test or performance evaluation of a continuous emission monitor [567 IAC 25.1(7)].  The notification shall include:
             The time; the place; the name of the person who will conduct the tests; and other information as required by the Department.
         If the owner or operator does not provide timely notice to the Department, the Department shall not consider the test results or performance evaluation results to be a valid demonstration of compliance with the applicable rules or permit conditions.  Upon written request, the Department may allow a notification period of less than thirty (30) days.
 The owner or operator shall furnish the Department with the following reports:
 Per 567 IAC 24.1(2), an incident of excess emissions as defined in 567 IAC 20.2 shall be reported within eight (8) hours or at the start of the first working day following the onset of the incident.  The report may be made by electronic mail, in person or by telephone.
 Per 567 IAC 24.1(3), a written report of an incident of excess emissions as defined in 567 IAC 20.2 shall be submitted as a follow-up to all required initial reports to the Department within seven (7) days of the onset of the upset condition.
 Operation of this emission unit(s) or control equipment outside of those operating parameters specified in Permit Condition 5 in accordance to the schedule set forth in 567 IAC 24.1.
 Per 567 IAC 25.1(6), the owner or operator of any facility required to install a continuous monitoring system or systems shall provide quarterly reports to the Director, no later than thirty (30) calendar days following the end of the calendar quarter, on forms provided by the Director.
 Per 567 IAC 25.1(7), a written compliance demonstration report for each compliance testing event, whether successful or not, postmarked no later than six (6) weeks after the completion of the test period unless other regulations provide for other notification requirements.  In that case, the more stringent reporting requirement shall be met.
 All data, records, reports, documentation, construction plans, and calculations required under this permit shall be available at the plant during normal business hours for inspection and copying by federal, state, or local air pollution regulatory agencies and their authorized representatives, for a minimum of two (2) years from the date of recording unless otherwise required by another applicable law (i.e. NSPS, NESHAP, etc.)

 Information regarding this permit should be sent to the attention of the following individuals based on the type of information being submitted:  change in ownership (Air Quality Bureau Records Center), permit correspondence (Construction Permit Supervisor), stack testing correspondence (Stack Test Coordinator), and reports and notifications (Compliance Unit Supervisor and DNR Field Office).  The addresses are:

Air Quality Bureau
Iowa Department of Natural Resources
502 E. 9th St.
Des Moines, IA  50319
Telephone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Field Office 3
1900 North Grand
Gateway North Mall
Spencer, Iowa 53101
Phone:<PHONE_NUMBER>
FAX:<PHONE_NUMBER>

13.  Appeal Rights

All conditions within an original permit may be appealed, subject to the appeal rights set forth in 561 IAC Chapter 7.  Amended conditions within a permit amendment may be appealed, subject to the appeal rights set forth in 561 IAC Chapter 7.  In permit amendments, all provisions of the original permit remain in full force and effect unless they are specifically changed by the permit amendment.  The previous, unchanged permit provisions are included in the amendment for your convenience only and are unappealable.

14.  Permit History

                                  Permit No.
                                  Project No.
                                  Description
                                     Date
                                 Stack Testing
00-A-965
00-609
Original permit
January 4, 2001
No
00-A-965-S1
01-579
Set plant-wide maximum paint usage at 40,000 gal/yr
October 16, 2001
No
00-A-965-S2
02-657
Add EU-1 to material usage limit
February 14, 2003
No

                                 END OF PERMIT


[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51457-51458]
[FR Doc No: 2011-21099]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65132]

Order Temporarily Exempting the Floor Broker Operations of
Broker-Dealers With Market Access That Handle Orders on a Manual Basis
From the Automated Controls Requirement of Rule 15c3-5(c)(1)(ii) and
Rule 15c3-5(c)(2) Under the Securities Exchange Act of 1934

August 15, 2011.

I. Introduction

    Pursuant to Rule 15c3-5(f) under the Securities Exchange Act of
1934 (``Exchange Act''),\1\ the Securities and Exchange Commission
(``Commission''), by order, may exempt from the provisions of Rule
15c3-5 (``Rule''), either unconditionally or on specified terms and
conditions, any broker or dealer, if the Commission determines that
such exemption is necessary or appropriate in the public interest, and
is consistent with the protection of investors.\2\ As discussed below,
the Commission temporarily is exempting the floor broker operations of
broker-dealers with market access that handle orders on a manual basis
(``Floor Brokers'') from the automated controls requirement of Rules
15c3-5(c)(1)(ii) \3\ and (c)(2) \4\ until November 30, 2011.\5\
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.15c3-5(f).
    \2\ See also Exchange Act Section 36(a)(1), 15 U.S.C. 78mm(a)(1)
(providing general authority for Commission to grant exemptions from
provisions of Exchange Act and rules thereunder, provided the
Commission makes certain required findings).
    \3\ See 17 CFR 240.15c3-5(c)(1)(ii).
    \4\ See 17 CFR 240.15c3-5(c)(2).
    \5\ On June 27, 2011, the Commission extended the compliance
date, until November 30, 2011, for all of the requirements of Rule
15c3-5 for fixed income securities, and the requirements of Rule
15c3-5(c)(1)(i) for all securities. See Securities Exchange Act
Release No. 64748 (June 27, 2011), 76 FR 38293 (June 30, 2011).
---------------------------------------------------------------------------

II. Background

    On November 3, 2010, the Commission adopted Rule 15c3-5 under the
Exchange Act.\6\ Among other things, Rule 15c3-5 requires each broker-
dealer with access to trading securities \7\ directly on an exchange or
ATS, including a broker-dealer providing sponsored or direct market
access to customers or other persons, and each broker-dealer operator
of an ATS that provides access to trading securities directly on its
ATS to a person other than a broker-dealer, to establish, document, and
maintain a system of risk management controls and supervisory
procedures that, among other things, is reasonably designed to (1)
Systematically limit the financial exposure of the broker-dealer that
could arise as a result of market access,\8\ and (2) ensure compliance
with all regulatory requirements that are applicable in connection with
market access.\9\ The required financial risk management controls and
supervisory procedures must be reasonably designed to prevent the entry
of orders that exceed appropriate pre-set credit or capital
thresholds,\10\ or that appear to be erroneous.\11\ The regulatory risk
management controls and supervisory procedures must also be reasonably
designed to prevent the entry of orders unless there has been
compliance with all regulatory requirements that must be satisfied on a
pre-order entry basis,\12\ prevent the entry of orders that the broker-
dealers or customer is restricted from trading,\13\ restrict market
access technology and systems to authorized persons,\14\ and assure
appropriate surveillance personnel receive immediate post-trade
execution reports.\15\
---------------------------------------------------------------------------

    \6\ See Exchange Act Release No. 63241 (Nov. 3, 2010), 75 FR
69792 (Nov. 15, 2010) (``Rule 15c3-5 Adopting Release'').
    \7\ Rule 15c3-5 applies to trading in all securities on an
exchange or ATS. Id. at 69765.
    \8\ See 17 CFR 240.15c3-5(c)(1).
    \9\ See 17 CFR 240.15c3-5(c)(2).
    \10\ See 17 CFR 240.15c3-5(c)(1)(i).
    \11\ See 17 CFR 240.15c3-5(c)(1)(ii).
    \12\ See 17 CFR 240.15c3-5(c)(2)(i).
    \13\ See 17 CFR 240.15c3-5(c)(2)(ii).
    \14\ See 17 CFR 240.15c3-5(c)(2)(iii).
    \15\ See 17 CFR 240.15c3-5(c)(2)(iv).
---------------------------------------------------------------------------

    The Commission has received a request from NYSE Amex LLC (``NYSE
Amex''), NYSE Arca, Inc. (``NYSE Arca''), and New York Stock Exchange
LLC (``NYSE'') (collectively, ``NYSE Euronext'') to extend the
compliance date for the automated controls requirement pursuant to
Rules 15c3-5(c)(1)(ii) and (c)(2) for Floor Brokers until November 30,
2011.\16\ Specifically,

NYSE Euronext indicated that more time is needed to complete the
implementation of the automated controls required pursuant to Rules
15c3-5(c)(1)(ii) and (c)(2) for orders handled on a manual basis
because the floor broker operations of broker-dealers with market
access historically have used manual systematic controls for their risk
management and regulatory purposes with respect to manual orders, and
they will need additional time to complete the development and
implementation of automated controls for such manual orders.\17\ NYSE
Euronext explained that certain Floor Brokers initially believed that
their existing combination of automated and manual controls would be
sufficient for compliance with Rule 15c3-5,\18\ and only recently
became aware that the required pre-trade controls under the Rule must
be systemic and automated for compliance purposes.\19\ NYSE Euronext
also explained that additional time would provide the NYSE Euronext
with an opportunity to update Floor Broker-related systems and thereby
facilitate compliance with the Rule by Floor Brokers.\20\
---------------------------------------------------------------------------

    \16\ See letter from Janet McGinness, Senior Vice President--
Legal and Corporate Secretary, NYSE Euronext, on behalf of NYSE
Amex, NYSE Arca, and NYSE, to Elizabeth Murphy, Secretary,
Commission, dated June 29, 2011 (``NYSE Euronext Letter'').
    \17\ Id.
    \18\ Id. at 2.
    \19\ See Rule 15c3-5 Adopting Release.
    \20\ NYSE Euronext Letter at 2.
---------------------------------------------------------------------------

III. Discussion

    The Commission is temporarily exempting Floor Brokers from the
automated controls requirement of Rules 15c3-5(c)(1)(ii) \21\ and
(c)(2) \22\ until November 30, 2011. The Commission believes that
providing additional time for such Floor Brokers to complete the
development and implementation of automated controls pursuant to Rules
15c3-5(c)(1)(ii) and (c)(2) for orders handled on a manual basis, where
manual systematic controls historically were used for risk management
and regulatory purposes, is reasonable. In addition, the Commission
believes that temporarily exempting Floor Brokers from the automated
controls requirement of Rules 15c3-5(c)(1)(ii) and (c)(2) until
November 30, 2011, should facilitate the orderly and meaningful
implementation of the required automated risk management controls for
those Floor Brokers that need more time to be in compliance with the
Rule.
---------------------------------------------------------------------------

    \21\ See 17 CFR 240.15c3-5(c)(1)(ii).
    \22\ See 17 CFR 240.15c3-5(c)(2).
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that granting the
foregoing temporary exemption is necessary and appropriate in the
public interest, and is consistent with the protection of investors.

IV. Conclusion

    It Is Hereby Ordered, pursuant to Rule 15c3-5(f),\23\ that the
floor broker operations of broker-dealers with market access that
handle orders on a manual basis are temporarily exempted from the
automated controls requirement of Rules 15c3-5(c)(1)(ii) \24\ and
(c)(2) \25\ until November 30, 2011.
---------------------------------------------------------------------------

    \23\ See 17 CFR 240.15c3-5(f).
    \24\ See 17 CFR 240.15c3-5(c)(1)(ii).
    \25\ See 17 CFR 240.15c3-5(c)(2).

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21099 Filed 8-17-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Page 19894]
[FR Doc No: 2014-08040]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2725-071]

Oglethorpe Power Corporation, Georgia Power Company, Rocky
Mountain Leasing Corporation, Fleet National Bank, SunTrust Bank,
Atlanta, U.S. Bank National Association; Notice of Application for
Partial Transfer of License and Soliciting Comments and Motions To
Intervene

    On March 10, 2014, Oglethorpe Power Corporation (OPC), Georgia
Power Company (GPC), Rocky Mountain Leasing Corporation (RMLC), Fleet
National Bank (not in its individual capacity but solely as the
original Owner Trustee) (FNB), SunTrust Bank, Atlanta (not in its
individual capacity but solely as the original Co-Owner Trustee)
(SunTrust) (transferors and co-licensees), and U.S. Bank National
Association (not in its individual capacity but solely as the successor
Owner Trustee) (USBNA) (transferee) filed an application for a partial
transfer of license of the Rocky Mountain Project located on Heath
Creek in Floyd County, Georgia.
    The transferors and transferee seek Commission approval to a
partial transfer of the license for the Rocky Mountain Project from
OPC, GPC, RMLC, FNB, and SunTrust transferors, as co-licensees to OPC,
GPC, RMLC, and USBNA transferee, as co-licensees.
    Applicant Contacts: For Transferors (Oglethorpe Power Corporation
and Rocky Mountain Leasing Corporation): Mr. John H. Clements, Van Ness
Feldman, P.C., 1050 Thomas Jefferson Street NW., Washington, DC 20007,
Phone<PHONE_NUMBER>. For Transferor (Georgia Power Company): Mr. David
M. Moore, Balch & Bingham, LLP, 30 Ivan Allen Jr., Blvd., Suite 700,
Phone<PHONE_NUMBER>. For Transferee (U.S. Bank National Association):
Mr. William G. Rock, Shipman & Goodwin LLP, One Constitution Plaza,
Hartford, CT 06103, Phone<PHONE_NUMBER>.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance date of this notice, by the Commission. The Commission
strongly encourages electronic filing. Please file motions to intervene
and comments 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-2725-071.

    Dated: April 2, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08040 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11668-11669]
[FR Doc No: 2015-04471]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL 9923-97-OECA]

National Environmental Justice Advisory Council; Notification of
Public Teleconference Meeting and Public Comment

AGENCY: Environmental Protection Agency.

ACTION: Notification of Public Teleconference Meeting and Public
Comment.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), Public
Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby
provides notice that the National Environmental Justice Advisory
Council (NEJAC) will host a public teleconference meeting on Thursday,
March 19, 2015, from 2:00 p.m. to 4:00 p.m. Eastern Time. The primary
discussion will focus on letters regarding the following topics: (1)
Chemical Safety Policy; (2) Farmworker Protection Standards; (3)
Refinery Rule; (4) Clean Power Rule and (5) Title VI.
    There will be a public comment period from 3:30 p.m. to 4:00 p.m.
Eastern Time. Members of the public are encouraged to provide comments
relevant to the topics of the meeting.
    For additional information about registering to attend the meeting
or to provide public comment, please see the ``REGISTRATION'' and
SUPPLEMENTARY INFORMATION sections below. Due to a limited number of
telephone lines, attendance will be on a first-come, first served
basis. Pre-registration is required. Registration for the
teleconference meeting closes at Noon, Eastern Time on Monday, March
16, 2015. The deadline to sign up to speak during the public comment
period, or to submit written public comments, is also Noon, Monday,
March 16, 2015.

DATES: The NEJAC teleconference meeting on Thursday, March 19, 2015,
will begin promptly at 2:00 p.m. Eastern Time.
    Registration: Registrations will be processed at http://nejac-teleconference-march2015.eventbrite.com. When registering, please
provide your name, organization, city and state, email address, and
telephone number for follow up. Please also state whether you would
like to be put on the list to provide public comment, and whether you
are submitting written comments before the Monday, March 16, 2015, noon
deadline. Non-English speaking attendees wishing to arrange for a
foreign language interpreter may also

make appropriate arrangements using the email address or telephone/fax
number.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the teleconference meeting should be directed to Jasmin Muriel, U.S.
Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue
NW., (MC2201A), Washington, DC 20460; by telephone at<PHONE_NUMBER>; via
email at<EMAIL_ADDRESS>or by fax at<PHONE_NUMBER>. Additional
information about the NEJAC is available at: www.epa.gov/environmentaljustice/nejac.

SUPPLEMENTARY INFORMATION: The Charter of the NEJAC states that the
advisory committee shall provide independent advice to the
Administrator on areas that may include, among other things, ``advice
about broad, cross-cutting issues related to environmental justice,
including environment-related strategic, scientific, technological,
regulatory, and economic issues related to environmental justice.''
    A. Public Comment: Members of the public who wish to provide public
comment during the Thursday, March 19, 2015, public teleconference
meeting must pre-register by Noon, Eastern Time on Monday, March 16,
2015. Individuals or groups making remarks during the public comment
period will be limited to seven (7) minutes. To accommodate the number
of people who want to address the NEJAC, only one representative of a
particular community, organization, or group will be allowed to speak.
Written comments can also be submitted for the record. The suggested
format for individuals providing public comments is as follows: Name of
speaker; name of organization/community; city and state; and email
address; brief description of the concern, and what you want the NEJAC
to advise EPA to do. Written comments received by Noon, Eastern Time on
Monday, March 16, 2015, will be included in the materials distributed
to the NEJAC prior to the teleconference. Written comments received
after that time will be provided to the NEJAC as time allows. All
written comments should be sent to Jasmin Muriel, EPA, via email at
<EMAIL_ADDRESS>    B. Information About Services for Individuals With Disabilities:
For information about access or services for individuals with
disabilities, please contact Jasmin Muriel, at<PHONE_NUMBER> or via
email at<EMAIL_ADDRESS>To request special accommodations for a
disability, please contact Ms. Muriel at least four working days prior
to the meeting, to give EPA sufficient time to process your request.
All requests should be sent to the address, email, or phone/fax number
listed in the FOR FURTHER INFORMATION CONTACT section above.

    Dated: February 26, 2015.
Sherri P. White,
Designated Federal Officer, Office of Environmental Justice, U.S. EPA.
[FR Doc. 2015-04471 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P