[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Notices]
[Pages 62009-62011]
[FR Doc No: 2020-21683]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0121; FMCSA-2014-0103; FMCSA-2014-0385; FMCSA-
2015-0329; FMCSA-2016-0002; FMCSA-2017-0059; FMCSA-2018-0135]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 14
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on October 13, 2020. The
exemptions expire on October 13, 2022. Comments must be received on or
before November 2, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0121, Docket No. FMCSA-
2014-0103, Docket No. FMCSA-2014-0385, Docket No. FMCSA-2015-0329,
Docket No. FMCSA-2016-0002, Docket No. FMCSA-2017-0059, or Docket No.
FMCSA-2018-0135 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0121, Docket No. FMCSA-2014-0103, Docket
No. FMCSA-2014-0385, Docket No. FMCSA-2015-0329, Docket No. FMCSA-2016-
0002, Docket No. FMCSA-2017-0059, or Docket No. FMCSA-2018-0135),
indicate the specific section of this document to which each comment
applies, and

provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2013-0121, FMCSA-2014-0103, FMCSA-2014-
0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0059, or FMCSA-2018-
0135, in the keyword box, and click ``Search.'' When the new screen
appears, click on the ``Comment Now!'' button and type your comment
into the text box on the following screen. Choose whether you are
submitting your comment as an individual or on behalf of a third party
and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2013-0121, FMCSA-2014-0103, FMCSA-2014-
0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-2017-0059, or FMCSA-2018-
0135, in the keyword box, and click ``Search.'' Next, click the ``Open
Docket Folder'' button and choose the document to review. If you do not
have access to the internet, you may view the docket online by visiting
Docket Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Docket Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 14 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 14
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 14 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of October 13, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 14 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Cory Adkins (FL)
David Alagna (TN)
Matthew Albrecht (PA)
Keith Bryd (TN)
David Chappelear (TX)
Ralph Domel (TX)
Jacquelyn Hetherington (OK)
Paul Mansfield (KS)
Ervin Mitchell (TX)
Jose Ramirez (IL)
Fernando Ramirez-Savon (FL)
Thomas Sneer (MN)
Daniel Stroud (UT)
Jason Wynne (TX)

    The drivers were included in docket numbers FMCSA-2013-0121, FMCSA-
2014-0103, FMCSA-2014-0385, FMCSA-2015-0329, FMCSA-2016-0002, FMCSA-
2017-0059, and FMCSA-2018-0135. Their exemptions are applicable as of
October 13, 2020, and will expire on October 13, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; (2) report all citations and convictions for disqualifying
offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver
is prohibited from operating a motorcoach or bus with passengers in

interstate commerce. The driver must also have a copy of the exemption
when driving, for presentation to a duly authorized Federal, State, or
local enforcement official. In addition, the exemption does not exempt
the individual from meeting the applicable CDL testing requirements.
Each exemption will be valid for 2 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) The person fails to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 14 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41 (b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-21683 Filed 9-30-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34565-34566]
[FR Doc No: 2018-15479]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at the Southwest Power Pool, Inc.
Regional State Committee, Members Committee, Board of Directors and
Holistic Integrated Tariff Team Meetings

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the meetings of the
Southwest Power Pool, Inc. Regional State Committee (RSC), Members
Committee, Board of Directors and Holistic Integrated Tariff Team
(HITT) as noted below. Their attendance is part of the Commission's
ongoing outreach efforts.
    The meetings will be held at the Embassy Suites Downtown/Old
Market, 555 South 10th Street, Omaha, NE 68102. The phone number is
(402) 346-9000. All meetings are Central Time.

SPP RSC
    July 30, 2018 (1:00 p.m.-5:00 p.m.)
SPP Members/Board of Directors
    July 31, 2018 (8:00 a.m.-3:00 p.m.)
SPP HITT
    July 31, 2018 (3:00 p.m.-6:00 p.m.)
    August 1, 2018 (9:00 a.m.-3:00 p.m.)

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER12-1179, Southwest Power Pool, Inc.
Docket No. ER14-2850, Southwest Power Pool, Inc.
Docket No. ER14-2851, Southwest Power Pool, Inc.
Docket No. ER15-2028, Southwest Power Pool, Inc.
Docket No. ER15-2115, Southwest Power Pool, Inc.
Docket No. ER15-2237, Kanstar Transmission, LLC
Docket No. ER15-2594, South Central MCN LLC
Docket No. EL16-91, Southwest Power Pool, Inc.
Docket No. EL16-108, Tilton Energy v. Midcontinent Independent System
Operator, Inc.
Docket No. ER16-204, Southwest Power Pool, Inc.
Docket No. ER16-2522, Southwest Power Pool, Inc.
Docket No. ER16-2523, Southwest Power Pool, Inc.
Docket No. EL17-21, Kansas Electric Co. v. Southwest Power Pool, Inc.
Docket No. EL17-89, American Electric Power Service Corporation v.
Midcontinent Independent System Operator, Inc., et al.
Docket No. ER17-426, Southwest Power Pool, Inc.
Docket No. ER17-428, Southwest Power Pool, Inc.
Docket No. ER17-469, Southwest Power Pool, Inc.
Docket No. ER17-953, South Central MCN LLC
Docket No. ER17-1741, Southwest Power Pool, Inc.
Docket No. ER17-1610, Southwest Power Pool, Inc.
Docket No. EL18-9, Xcel Energy Services, Inc. v. Southwest Power Pool,
Inc.
Docket No. EL18-12, ATX Southwest, LLC
Docket No. EL18-13, Transource Kansas, LLC
Docket No. EL18-14, Midwest Power Transmission Arkansas, LLC
Docket No. EL18-15, Kanstar Transmission, LLC
Docket No. EL18-16, South Central MCN, LLC
Docket No. EL18-19, Southwest Power Pool, Inc.
Docket No. EL18-20, Indicated SPP Transmission Owners v. Southwest
Power Pool, Inc.
Docket No. EL18-26, EDF Renewable Energy, Inc. v. Midcontinent
Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM
Interconnection, L.L.C.
Docket No. EL18-35, Southwest Power Pool, Inc.
Docket No. EL18-58, Oklahoma Municipal Power Authority v. Oklahoma Gas
and Electric Co.
Docket No. ER18-99, Southwest Power Pool, Inc.
Docket No. ER18-171, Southwest Power Pool, Inc.
Docket No. ER18-194, Southwest Power Pool, Inc.
Docket No. ER18-195, Southwest Power Pool, Inc.
Docket No. ER18-564, South Central MCN LLC
Docket No. ER18-572, South Central MCN LLC
Docket No. ER18-939, Southwest Power Pool, Inc.
Docket No. ER18-1078, Southwest Power Pool, Inc.
Docket No. ER18-1267, South Central MCN LLC
Docket No. ER18-1268, Southwest Power Pool, Inc.
Docket No. ER18-1323, Southwest Power Pool, Inc.

Docket No. ER18-1403, Southwest Power Pool, Inc.
Docket No. ER18-1426, Southwest Power Pool, Inc.
Docket No. ER18-1542, Southwest Power Pool, Inc.
Docket No. ER18-1562, Southwest Power Pool, Inc.
Docket No. ER18-1568, Southwest Power Pool, Inc.
Docket No. ER18-1572, Southwest Power Pool, Inc.
Docket No. ER18-1590, Southwest Power Pool, Inc.
Docket No. ER18-1632, Southwest Power Pool, Inc.
Docket No. ER18-1643, Southwest Power Pool, Inc.
Docket No. ER18-1662, Southwest Power Pool, Inc.
Docket No. ER18-1680, Southwest Power Pool, Inc.
Docket No. ER18-1701, Southwest Power Pool, Inc.
Docket No. ER18-1702, Southwest Power Pool, Inc.
Docket No. ER18-1742, Southwest Power Pool, Inc.
Docket No. ER18-1747, Southwest Power Pool, Inc.
Docket No. ER18-1753, Southwest Power Pool, Inc.
Docket No. ER18-1756, Southwest Power Pool, Inc.
Docket No. ER18-1757, Southwest Power Pool, Inc.
Docket No. ER18-1768, Southwest Power Pool, Inc.
Docket No. ER18-1776, Southwest Power Pool, Inc.
Docket No. ER18-1780, Southwest Power Pool, Inc.
Docket No. ER18-1781, Southwest Power Pool, Inc.
Docket No. ER18-1789, Southwest Power Pool, Inc.
Docket No. ER18-1811, Southwest Power Pool, Inc.
Docket No. ER18-1816, Midwest Power Transmission Arkansas, LLC
Docket No. ER18-1838, Southwest Power Pool, Inc.
Docket No. ER18-1854, Southwest Power Pool, Inc.
Docket No. ER18-1864, Southwest Power Pool, Inc.
Docket No. ER18-1867, Southwest Power Pool, Inc.
Docket No. ER18-1872, Southwest Power Pool, Inc.
Docket No. ER18-1881, Southwest Power Pool, Inc. Docket No. ER18-1898,
Southwest Power Pool, Inc.
Docket No. ER18-1904, Southwest Power Pool, Inc.
Docket No. ER18-1919, Southwest Power Pool, Inc.
Docket No. ER18-1921, Southwest Power Pool, Inc.
Docket No. ER18-1923, Southwest Power Pool, Inc.
Docket No. ER18-1963, Midwest Energy, Inc.
Docket No. TX18-1, AEP Energy Partners, Inc.

    This meeting is open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or [email protected].

    Dated: July 13, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-15479 Filed 7-19-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Page 51463]
[FR Doc No: 2011-21095]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0067]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated June 29, 2011, Penn Valley Railroad LLC has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR Section 223.15. FRA assigned the petition Docket Number FRA-
2011-0067.
    Penn Valley Railroad LLC is requesting consideration of a waiver
from 49 CFR Sec.  223.15, Safety Glazing Standards, in regard to Coach
PRR 1776. The coach is equipped with a type of automotive safety glass
and is serviced and maintained by Penn Valley Railroad LLC. There have
not been any injuries on this coach due to broken glass. Penn Valley
Railroad LLC is requesting the glazing waiver because of the extremely
high cost to replace the glazing and the low risk to safety of
continuing to operate with the current safety glass.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue, SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received by October 3, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and 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 (Volume 65, Number 70; Pages
19477-78) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 12, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-21095 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Page 43731]
[FR Doc No: 2018-18494]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28613]

Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations
(CFR), this provides the public notice that by a letter dated June 18,
2018, the San Francisco Bay Railroad (SFBR), formerly doing business as
LB Railco, has petitioned the Federal Railroad Administration (FRA) for
a renewal of a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR part 223,
Safety glazing standards--locomotives, passenger cars and cabooses. FRA
assigned the petition docket number FRA-2007-28613.
    Specifically, SFBR requests relief for SFBR No. 23, an Alco S-2
diesel electric switcher locomotive built in 1945. The locomotive has
its original glass in the cab, consisting of 13 separate windows. SFBR
23 has been operating for the past 73 years in and around the same area
of San Francisco, and the glass has remained intact without damage.
SFBR maintains 5 miles of Class 1 track with a maximum allowable speed
of 10 miles per hour.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave. SE, W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 11, 2018 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also http://www.regulations.gov/#!privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-18494 Filed 8-24-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Proposed Rules]
[Pages 22818-22821]
[FR Doc No: 2022-08220]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0463; Project Identifier MCAI-2021-00895-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS 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 all Airbus SAS Model A318, A319, A320, and A321 series airplanes.
This proposed AD was prompted by a report that damage (including
delamination of work deck, and corroded and cracked retainer blocks)
was found during inspection of certain galleys. This proposed AD would
require repetitive inspections of certain galleys for corrosion of
trolley retainer aluminum blocks and delamination of the upper panel of
the trolley compartment, and applicable corrective action, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference. This proposed AD would also limit the
installation of affected parts under certain conditions. 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 June 2,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that will be incorporated by reference (IBR) in
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this

material at the FAA, Airworthiness Products Section, Operational Safety
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0463.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0463; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0463; Project Identifier
MCAI-2021-00895-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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this 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
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0183R1, dated September 20,
2021 (EASA AD 2021-0183R1) (also referred to as the MCAI), to correct
an unsafe condition for all Airbus SAS Model A318-111, -112, -121, and
-122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -
215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -
273N airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
-232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -
272N, and -272NX airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    This proposed AD was prompted by a report that damage (including
delamination of the work deck, and corroded and cracked retainer
blocks) was found during inspection of certain galleys. The FAA is
proposing this AD to detect and correct damage that could affect the
galley's capability to hold the trolley under emergency landing loads,
which could lead to trolley detachment, possibly resulting in blocking
of an escape path during an emergency exit. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0183R1 specifies procedures for repetitive general
visual inspections of certain galleys for discrepancies including
corrosion of trolley retainer aluminum blocks and delamination of upper
panel of trolley compartment, and corrective action. Corrective actions
include repeating the inspection at an earlier interval, repairing the
trolley compartment upper panel, and limiting trolley weight. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0183R1 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would also limit the installation of affected parts
under certain conditions.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0183R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0183R1 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0183R1 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is

not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2021-0183R1. Service information required by EASA
AD 2021-0183R1 for compliance will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0463 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 1,425
airplanes of U.S. registry. The FAA estimates the following costs to
comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170 per                $0  $170 per inspection cycle.  $242,250 per inspection
 galley, per inspection cycle.                                                         cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
            Labor cost                   Parts cost           product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85    Minimal.............             $85
 per galley.
------------------------------------------------------------------------

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:

Airbus SAS: Docket No. FAA-2022-0463; Project Identifier MCAI-2021-
00895-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 2, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that damage (including
delamination of work deck, and corroded and cracked retainer blocks)
was found during inspection of certain galleys. The FAA is issuing
this AD to detect and correct damage that could affect the galley's
capability to hold the trolley under emergency landing loads, which
could lead to trolley detachment, possibly resulting in blocking of
an escape path during an emergency exit.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation

Safety Agency (EASA) EASA AD 2021-0183R1, dated September 20, 2021
(EASA AD 2021-0183R1).

(h) Exceptions to EASA AD 2021-0183R1

    (1) Where EASA AD 2021-0183R1 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0183R1 refers to ``18 August 2021,'' this
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0183R1 does not
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0183R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph(s) (j)(2) and (i) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For EASA AD 2021-0183R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0463.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

    Issued on April 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-08220 Filed 4-15-22; 8:45 am]
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[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Page 26347]
[FR Doc No: 2022-09543]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-843-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedule S-2 Tracker
Filing eff 4/1/2022 to be effective 4/1/2022.
    Filed Date: 4/27/22.
    Accession Number: 20220427-5239.
    Comment Date: 5 p.m. ET 5/9/22.

    Docket Numbers: RP22-844-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Annual Imbalance Cash Out Report for 2021 of Discovery
Gas Transmission LLC.
    Filed Date: 4/27/22.
    Accession Number: 20220427-5246.
    Comment Date: 5 p.m. ET 5/9/22.

    Docket Numbers: RP22-845-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schules GSS and LSS
Tracker Filing eff 4/1/2022 to be effective 4/1/2022.
    Filed Date: 4/27/22.
    Accession Number: 20220427-5311.
    Comment Date: 5 p.m. ET 5/9/22.

    Docket Numbers: RP22-846-000.
    Applicants: Bison Pipeline LLC.
    Description: Compliance filing: 2022 Operational Purchases and
Sales Report to be effective N/A.
    Filed Date: 4/27/22.
    Accession Number: 20220427-5313.
    Comment Date: 5 p.m. ET 5/9/22.

    Docket Numbers: RP22-847-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: MU Mktg LLC--Replacement
Contract NR_264870_264871 to be effective 4/1/2022.
    Filed Date: 4/27/22.
    Accession Number: 20220427-5331.
    Comment Date: 5 p.m. ET 5/9/22.

    Docket Numbers: RP22-849-000
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Fuel LU and EPC Computation
Update Filing to be effective 6/1/2022.
    Filed Date: 4/28/22.
    Accession Number: 20220428-5098.
    Comment Date: 5 p.m. ET 5/10/22.

    Docket Numbers: RP22-850-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Sec.  4(d) Rate Filing: 2022 SESH TUP/SBA Annual
Filing to be effective 6/1/2022.
    Filed Date: 4/28/22.
    Accession Number: 20220428-5099.
    Comment Date: 5 p.m. ET 5/10/22.

    Docket Numbers: RP22-851-000.
    Applicants: Cheyenne Plains Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Fuel and LU Annual Update and
OPS Report to be effective 6/1/2022.
    Filed Date: 4/28/22.
    Accession Number: 20220428-5104.
    Comment Date: 5 p.m. ET 5/10/22.

    Docket Numbers: RP22-852-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: FL&U Update Quarterly Filing
to be effective 6/1/2022.
    Filed Date: 4/28/22.
    Accession Number: 20220428-5117.
    Comment Date: 5 p.m. ET 5/10/22.

    Docket Numbers: RP22-853-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Filing on 4-28-22
to be effective 5/31/2022.
    Filed Date: 4/28/22.
    Accession Number: 20220428-5119.
    Comment Date: 5 p.m. ET 5/10/22.

    Docket Numbers: RP22-854-000.
    Applicants: Sierrita Gas Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Quarterly Fuel and LU Update
Filing to be effective 6/1/2022.
    Filed Date: 4/28/22.
    Accession Number: 20220428-5129.
    Comment Date: 5 p.m. ET 5/10/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-09543 Filed 5-3-22; 8:45 am]
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[Federal Register: May 2, 2006 (Volume 71, Number 84)]
[Notices]
[Page 25838-25840]
[DOCID:fr02my06-68]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8164-7]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public
comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed settlement agreement, to address a lawsuit filed by Utility
Air Regulatory Group (``UARG'') in the U.S. Court of Appeals for the
District of Columbia: Utility Air Regulatory Group v. EPA, No. 06-1056
(D.C. Cir.). This lawsuit, which was filed pursuant to section 307(b)
of the Act, is a petition for review of EPA's final rule entitled
``Regional Haze Regulations and Guidelines for Best Available Retrofit
Technology (BART) Determinations,'' published at 70 FR

39104 (July 6, 2005). Under the terms of the proposed settlement
agreement, EPA has agreed to execute two documents that provide
guidance on the revised regional haze regulations and the BART
Guidelines.

DATES: Written comments on the proposed settlement agreement must be
received by June 1, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0315, online at http://www.regulations.gov (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,

Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Wordperfect or ASCII file, avoiding the use of special
characters and any form of encryption, and may be mailed to the mailing
address above.

FOR FURTHER INFORMATION CONTACT: M. Lea Anderson, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Petitioner raised issues concerning: (1) Whether the statement in
the preamble to the final rule that the BART Guidelines use the natural
visibility baseline for the 20 percent best visibility days for
determining a source's impact on visibility incorrectly characterized
the provisions of the BART Guidelines; (2) whether it is acceptable
under the BART Guidelines to undertake a pollutant-specific analysis
when modeling the impacts from a single source; (3) whether a statement
in the preamble to the final rule that international emissions are
properly accounted for in the 5-year state implementation plan was
intended to change EPA's views on the treatment of international
emissions; and (4) whether, in making BART determinations, the States
are required to consider any nonair quality environmental benefits from
reducing emissions of visibility-impairing pollutants. Under the terms
of the proposed settlement, EPA has agreed to execute two documents
that provide guidance on the interpretation of the BART Rule and
Guidelines.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines, based on any comment which may be
submitted, that consent to the settlement agreement should be
withdrawn, the terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get a Copy of the Settlement?

    Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2006-0315 which contains a copy of the
proposed settlement agreement. The official public docket is available
for public viewing at the Office of Environmental Information (OEI)
Docket in the EPA Docket Center, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the OEI Docket is (202)
566-1752.
    An electronic version of the public docket is available through
http://www.regulations.gov You may use the http://www.regulations.gov.
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,

unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments

to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov
, your e-mail address is automatically captured and

included as part of the comment that is placed in the official

public docket, and made available in EPA's electronic public docket.

    Dated: April 24, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-6619 Filed 5-1-06; 8:45 am]

BILLING CODE 6560-50-P