[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Notices]
[Page 11932-11934]
[DOCID:fr20mr09-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP04-379-002]

Pine Prairie Energy Center, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Pine Prairie Energy Center
Supplemental Expansion Project and Request for Comments on
Environmental Issues

March 13, 2009.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Pine Prairie Energy Center
Supplemental Expansion Project (Expansion Project, or Project)
involving construction and operation of facilities by Pine Prairie
Energy Center, LLC (Pine Prairie) in Evangeline and Acadia Parishes,
Louisiana.\1\ This EA will be used by the Commission in its decision-
making process to determine whether the Expansion Project is in the
public convenience and necessity.
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    \1\ Pine Prairie submitted an amendment application on February
6, 2009 under Section 7 of the Natural Gas Act.
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    This notice announces the opening of the scoping process we will
use to gather input from the public and interested agencies on the
Expansion Project. Your input will help the Commission staff determine
which issues need to be evaluated in the EA. Please note that the
scoping period will close on April 13, 2009.
    This notice is being sent to affected landowners; Federal, State,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. State and local
government representatives are asked to notify their constituents of
this planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a Pine Prairie representative about survey permission and/or the
acquisition of an easement to construct, operate, and

maintain the proposed facilities. The company would seek to negotiate a
mutually acceptable agreement. However, if the project is approved by
the Commission, that approval conveys with it the right of eminent
domain. Therefore, if easement negotiations fail to produce an
agreement, the natural gas company could initiate condemnation
proceedings in accordance with State law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is available for viewing on the FERC Internet Web site (http://
www.ferc.gov).

Summary of the Proposed Project

    Pine Prairie proposes to expand the existing capacity at the
existing Pine Prairie Energy Center. Pine Prairie proposes to:
     Construct two new natural gas salt-dome storage caverns
with a capacity of 12.8 billion cubic feet (bcf);
     Increase the working gas capacity of two of the three
authorized natural gas storage caverns from 8 Bcf to 10 Bcf;
     Construct one additional raw water withdrawal well and one
additional saltwater disposal well;
     Construct 5.3 miles of 24-inch diameter natural gas
pipeline loop;
     Install six compression units totaling 34,800 horsepower
at the Gas Handling Facility, expand the Gas Handling Facility to
accommodate the additional compressors;
     Install pipeline facilities related to the two additional
caverns; and
     Expand the previously authorized brine disposal well
injection intervals to conform to the intervals approved by the
Louisiana Department of Natural Resources.
    The general location of the project facilities is shown in Appendix
1.\2\
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    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site at the ``eLibrary'' link or
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
Copies of the appendices were sent to all those receiving this
notice in the mail.
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    If approved, Pine Prairie proposes to commence construction of the
proposed Expansion Project in September 2009.

Land Requirements for Construction

    Construction of the pipeline would temporarily impact about 75.6
acres and approximately 38.2 acres of additional right-of-way would be
permanently affected by the Expansion Project. Pine Prairie would use
existing access roads, contractor yards, and utilize the existing Pine
Prairie Energy Center to minimize land impacts.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission. To ensure your comments are
considered, please carefully follow the instructions in the public
participation section below.
    With this NOI, we are asking Federal, State, and local agencies
with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EA. These agencies may choose to participate once they have
evaluated the proposal relative to their responsibilities. Additional
agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this NOI.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Pine Prairie. This
preliminary list of issues may be changed based on your comments and
our analysis.
     Potential impacts on air quality;
     Potential increase in noise emissions may occur, and
     Potential impacts to wetlands.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Expansion Project. Your comments should
focus on the potential environmental effects, reasonable alternatives,
and measures to avoid or lessen environmental impacts. The more
specific your comments, the more useful they will be. To ensure that
your comments are timely and properly recorded, please send in your
comments so that they will be received in Washington, DC on or before
April 13, 2009.
    For your convenience, there are three methods that you can use to
submit your comments to the Commission. In all instances please
reference the project docket number CP04-379-002 with your submission.
The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to

Documents and Filings. A Quick Comment is an easy method for interested
persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426.
    Label one copy of the comments for the attention of Gas Branch 3,
PJ11.3.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.
    If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Information Request
(Appendix 2). If you do not return the Information Request, you will be
taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor,'' which is an official party to the
proceeding. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``e-filing'' link on the Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field and enter ``002'' in the Sub-Docket field. Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support toll free at 1-866-208-3676, for TTY contact 1-202-502-
8659 or e-mail at<EMAIL_ADDRESS>The eLibrary link also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-6076 Filed 3-19-09; 8:45 am]


[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Rules and Regulations]
[Page 8004-8007]
[DOCID:fr23fe09-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1198]
RIN 1625-AA00

Safety Zone: Route 5 Bridge Demolition, Chickahominy River,
Charles City County and James City County, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Chickahominy River in the vicinity of Charles City County and James
City County, VA in support of the demolition of the Route 5 Bridge over
the Chickahominy River. This action will protect the maritime public on
the Chickahominy River from the hazards associated with bridge
demolition and explosive blasting.

DATES: This rule is effective from 7 a.m. on March 4, 2009 to 6 p.m. on
March 6, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-1198 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2008-1198
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the
Commander, Sector Hampton Roads, Norfolk Federal Building, 200 Granby
St., 7th Floor between 9 a.m. and 2 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Tiffany Duffy, Chief, Waterways
Management Division, Sector Hampton Roads at<PHONE_NUMBER>. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters.
    For the same reasons as noted immediately above, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register.

Background and Purpose

    Coast Guard Sector Hampton Roads has been notified by Skanska USA
Civil Southeast Inc. that blasting operations to demolish the Route 5
Bridge swing span piers over the Chickahominy River will commence on
March 4, 2009. Due to the need to protect mariners and spectators from
the hazards associated with the blasting procedures, access to the
Chickahominy River within 2,000 feet of the blast site within the
above-mentioned designated area will be temporarily restricted.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters
of the Chickahominy River at the approximate position 37[deg]15'49'' N/
76[deg]52'35'' W (NAD 1983), in the vicinity of Charles City County and
James City County, VA. This safety zone will encompass all navigable
waters within 2,000 feet of the Route 5 Bridge. This regulated area
will be established in the interest of public safety during the
blasting demolition of the Route 5 Bridge and will be in place from 7
a.m. on March 4, 2009 to 6 p.m. on March 6, 2009, or until completion
of the explosive blasting, whichever is sooner. Access to the safety
zone will be restricted during the specified dates. The safety zone
will be enforced two hours before explosive blasting begins and remain
in place for two hours after the explosive blasting. Two hours before
explosive blasting begins, a one minute series of long audible signals
will sound every 30 minutes. Thirty minutes before the explosive
blasting, a one minute series of long audible signals will sound every
five minutes. Except for participants and vessels authorized by the
Captain of the Port or his Representative, no person or vessel may
enter or remain in the regulated area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this proposed regulation
restricts access to the safety zone, the effect of this rule will not
be significant because: (i) The safety zone will be in effect for a
limited duration; (ii) the zone is of limited size; and (iii) the Coast
Guard will make notifications via maritime advisories so mariners can
adjust their plans accordingly; (iv) mariners may be able to gain
entrance to the safety zone by contacting the Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The safety zone will only be in place for a
limited duration. Maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities:
owners and operators of vessels intending to transit or anchor in that
portion of the Chickahominy River from 7 a.m. on March 4, 2009 to 6
p.m. on March 6, 2009.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to

the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-1198 to read as follows:

Sec.  165.T05-1198  Safety Zone: Route 5 Bridge Demolition,
Chickahominy River, Charles City County and James City County, VA.

    (a) Regulated Area. The following area is a safety zone: All waters
of the Chickahominy River, located within 2,000 feet of the Route 5
Bridge at the approximate position 37[deg]15'49'' N/76[deg]52'35'' W
(NAD 1983), in the vicinity of Charles City County and James City
County, VA.
    (b) Definition. For the purposes of this part, Captain of the Port
Representative: means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia, to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.

    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth,
Virginia, at telephone Number<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be enforced from 7
a.m. on March 4, 2009, to 6 p.m. on March 6, 2009.

    Dated: February 4, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E9-3769 Filed 2-20-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4893-4895]
[FR Doc No: 2019-02662]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2013-0108; FMCSA-2014-0382; FMCSA-2015-0322; FMCSA-
2015-0323; FMCSA-2016-0008]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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 nine
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on December 21, 2018. The
exemptions expire on December 21, 2020. Comments must be received on or
before March 21, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0108; FMCSA-2014-0382;
FMCSA-2015-0322; FMCSA-2015-0323; FMCSA-2016-0008 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; 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: 1-202-493-2251.
    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 Services, telephone<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-2013-0108; FMCSA-2014-0382; FMCSA-2015-0322;
FMCSA-2015-0323; FMCSA-2016-0008), 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-2013-0108; FMCSA-2014-0382; FMCSA-2015-
0322; FMCSA-2015-0323; FMCSA-2016-0008, 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-2013-0108; FMCSA-2014-0382; FMCSA-2015-
0322; FMCSA-2015-0323; FMCSA-2016-0008, 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 the Docket Management Facility
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.

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.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for up to five years 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 five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The nine individuals listed in this notice have requested renewal
of their exemptions from the epilepsy and seizure disorders prohibition
in 49 CFR 391.41(b)(8), 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 two-
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, 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, each of the nine
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The nine
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). 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 renewal applicant for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of December 21, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Stephen L. Amell (VT)
Mark W. Beery (OH)
Douglas Cantwell (TN)
Kenneth B. Elder (KY)
Ronnie D. Moody (NC)
Michael S. Shumake (VA)
Douglas J. Simms, Jr. (NC)
Shaen C. Smith (MN)
Tara VanHorne (PA)

    The drivers were included in docket number FMCSA-2013-0108; FMCSA-
2014-0382; FMCSA-2015-0322; FMCSA-2015-0323; FMCSA-2016-0008. Their
exemptions are applicable as of December 21, 2018, and will expire on
December 21, 2020.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the two-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical

examination by a certified Medical Examiner, as defined by 49 CFR
390.5; and (4) each driver must provide a copy of the annual medical
certification to the employer for retention in the driver's
qualification file, or keep a copy of his/her driver's qualification
file if he/she is self-employed. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. 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.

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 on its evaluation of the nine exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in 49 CFR 391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two
years unless revoked earlier by FMCSA.

    Issued on: February 8, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02662 Filed 2-15-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Rules and Regulations]
[Page 67353]
[FR Doc No: 2014-26916]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2014-0971]

Special Local Regulation; Southern California Annual Marine
Events for the San Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Hanohano Ocean Challenge
special local regulations on January 24, 2015. This marine event occurs
on the navigable waters of Mission Bay, in San Diego, California. This
action is necessary to provide for safety of the participants, crew,
spectators, safety vessels, and general users of the waterway. During
the enforcement period, persons and vessels are prohibited from
entering into, transiting through, or anchoring within this regulated
area unless authorized by the Captain of the Port, or his designated
representative.

DATES: The regulations for the marine event listed in 33 CFR 100.1101,
Table 1, Item 16, will be enforced from 6:00 a.m. to 2:00 p.m. on
January 24, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Nick Bateman, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in Mission Bay for the Hanohano Ocean Challenge
Nationals in 33 CFR 100.1101, Table 1, Item 16 from 6:00 a.m. to 2:00
p.m.
    Under the provisions of 33 CFR 100.1101, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
the regulated race course area during designated racing times unless
authorized by the Captain of the Port, or his designated
representative. Persons or vessels desiring to enter into or pass
through the regulated area may request permission from the Captain of
the Port or designated representative. If permission is granted, all
persons and vessels shall comply with the instructions of the Captain
of the Port or designated representative. Spectator vessels may safely
transit outside the regulated area, but may not anchor, block, loiter,
or impede the transit of participants or official patrol vessels. The
Coast Guard may be assisted by other Federal, State, or local law
enforcement agencies in patrol notification and education of the marine
event special local regulations.
    This notice is issued under authority of 5 U.S.C. 552 (a) and 33
CFR 100.1101. In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners, Broadcast Notice to Mariners, and local advertising by the
event sponsor. If the Captain of the Port Sector San Diego or his
designated representative determines that the regulated area need not
be enforced for the full duration stated on this notice, he or she may
use a Broadcast Notice to Mariners or other communications coordinated
with the event sponsor to grant general permission to enter the
regulated area.

    Dated: October 28, 2014.
J. S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-26916 Filed 11-12-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Page 48070]
[FR Doc No: 2014-19409]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0659]

Safety Zone; Hornblower Fireworks; East River, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone in the Captain of
the Port (COTP) New York Zone on August 20, 2014. This action is
necessary to ensure the safety of vessels and spectators from hazards
associated with fireworks displays. During the enforcement period, no
person or vessel may enter the safety zone without permission from the
COTP or a designated representative.

DATES: The regulations for the marine event listed in Table 1 to 33 CFR
165.160(4.4) will be enforced on August 20, 2014 from 8:45 p.m. through
10 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Kristopher Kesting, Coast Guard; telephone
718-354-4154, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
listed in Table 1 to 33 CFR 165.160(4.4) on the specified date and time
as indicated below. The final rule establishing this safety zone was
published in the Federal Register on November 9, 2011 (76 FR 69614).

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

------------------------------------------------------------------------
4.4 Hornblower Fireworks, Seaport, East      Launch site: All
 River Safety Zone.                          waters of the East River
                                             south of the Brooklyn
                                             Bridge and north of a line
                                             drawn from the southwest
                                             corner of Pier 3, Brooklyn,
                                             to the southeast corner of
                                             pier 6, Manhattan.
                                             Date: August 20,
                                             2014
                                             Time: 8:45 p.m.-
                                             10:00 p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, No persons or vessels will
be allowed to enter into, transit through, or anchor in the safety zone
without the permission of the COTP or a designated representative.
Vessels wishing to transit through the safety zone may contact a
designated representative via VHF channel 13 or 16 to request
permission. Vessels may transit outside the safety zone but may not
anchor, block, loiter in, or impede the transit of other vessels. The
Coast Guard may be assisted by other Federal, State, or local law
enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and marine
information broadcasts. If the COTP determines that the safety zone
need not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the safety zone.

    Dated: July 29, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-19409 Filed 8-14-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Rules and Regulations]
[Pages 16388-16390]
[FR Doc No: 2022-05916]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0713; Project Identifier AD-2021-00180-R;
Amendment 39-21990; AD 2022-07-03]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Inc., Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Bell Textron Inc., Model 412, 412EP, and 412CF helicopters. This AD was
prompted by evaluation results showing flight loads that impact the
collective lever fatigue life. This AD requires adding a permanent
hours time-in-service (TIS) penalty for certain collective levers and
prohibits installing those collective levers unless the permanent hours
TIS penalty has been added. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective April 27, 2022.

ADDRESSES: For service information identified in this final rule,
contact Bell Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, United
States; phone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-0272;
email [email protected]; or at https://www.bellflight.com/support/contact-support. You may view this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0713; 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 final rule, any
comments received, and other information. The address for Docket
Operations is 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: Hye Yoon Jang, Aerospace Engineer,
Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5190; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Bell Textron Inc.,
Model 412, 412EP, and 412CF helicopters. The NPRM published in the
Federal Register on August 27, 2021 (86 FR 48078). The NPRM was
prompted by the results of an evaluation of BLR Aerospace Strake and
FastFin (Strake and FF) system part number (P/N) 412-705-040-101. The
NPRM stated that during the evaluation, additional flight loads were
recorded that impact the collective lever fatigue life. Accordingly,
the NPRM proposed to require adding a permanent life penalty for
affected collective levers and prohibit installing those collective
levers unless the permanent life penalty has been added. This
condition, if not addressed, could result in fatigue damage and
cracking, failure of the collective lever, and subsequent loss of
control of the helicopter. The FAA is issuing this AD to address the
unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter; Bell Textron, Inc.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request for a Change to Nomenclature

    Bell Textron, Inc., requested the FAA revise the penalty
nomenclature from ``life penalty'' to ``flight hour penalty''
throughout the AD action. Bell Textron, Inc., stated that the penalty
is only applied to hours TIS and that the life remains unchanged.
    The FAA partially agrees. The FAA agrees to changing the
nomenclature; however, the nomenclature typically used in rotorcraft
FAA AD actions for domestic products is ``hours TIS'' (or ``total hours
TIS'') instead of flight hours (or total flight hours). The FAA has
revised that nomenclature accordingly in this final rule.

Request for a Change to the Description of What Prompted This AD

    Bell Textron, Inc., requested the FAA clarify the description of
what prompted this AD; specifically that during the evaluation, the
additional flight loads

that impact the collective lever fatigue life is for helicopters with
the Strake and FF system installed.
    The FAA agrees and has revised this final rule accordingly.

Request for Changes to the Preamble

    Bell Textron, Inc., requested the FAA make revisions to the
Proposed AD Requirements in This NPRM section.
    The FAA acknowledges this comment; however, because this section
does not exist in a final rule after an NPRM, the commenter's request
does not apply.
    Bell Textron, Inc., requested the FAA make revisions to the
Differences Between This Proposed AD and the Service Information
section.
    The FAA acknowledges this comment; however, the specified
difference has been deleted because of a certain other change. In light
of this, the commenter's request no longer applies.

Requests for Changes to the Notes

    Bell Textron, Inc., requested the FAA revise Note 1 to paragraph
(g)(1)(i) to clarify that the specified serial-numbered helicopters
require the flight hour (hours TIS) penalty after delivery.
    The FAA partially agrees. The FAA agrees to clarify that the
specified serial numbers are identified as needing the penalty applied.
Accordingly, the FAA has revised Note 1 to paragraph (g)(1)(i) in this
final rule to identify the specified serial numbers as being originally
delivered with a Strake and FF system installed and needing the flight
hour (hours TIS) penalty on collective lever P/N 412-010-408-101
applied.
    Bell Textron, Inc., requested the FAA delete Note 2 to paragraph
(g)(1)(ii) because it would be redundant with incorporation of changes
to the required actions it requested pertaining to helicopters with a
Strake and FF system P/N 412-705-040-101 installed after delivery from
the manufacturer.
    The FAA agrees and has deleted Note 2 to paragraph (g)(1)(ii) in
this final rule.

Requests for Changes to the Required Actions

    Bell Textron, Inc., requested the FAA make changes to the penalty
calculation requirement for helicopters with a Strake and FF system P/N
412-705-040-101 installed after delivery from the manufacturer because
the calculation needs to provide the remaining time for those affected
collective levers.
    The FAA agrees and has revised that requirement in this final rule.
    Bell Textron, Inc., requested the FAA delete the penalty
requirement for helicopters without a Strake and FF system P/N 412-705-
040-101 installed because the evaluation results did not show grounds
for a flight hour penalty for those helicopters, and according to Bell
Textron, Inc., requiring the penalty would create unreasonable economic
losses resulting from premature replacement of the collective lever.
    The FAA agrees and has revised this final rule accordingly.
    Bell Textron, Inc., requested the FAA revise the prohibition of
installing a new (zero total hours TIS) collective lever P/N 412-010-
408-101 to clarify that the prohibition requirement is for helicopters
with a Strake and FF system P/N 412-705-040-101 installed because a
penalty of 5,000 hours TIS is not justified for a new (zero total hours
TIS) collective lever P/N 412-010-408-101 installed on a baseline
configuration aircraft (without a Strake and FF system).
    The FAA agrees and has revised this final rule accordingly.
    Bell Textron, Inc., requested the FAA delete the prohibition of
installing a used collective lever P/N 412-010-408-101 due to flight
evaluation results that do not support flight hour penalty to the
collective lever PN 412-010-408-101 on a baseline configuration.
    The FAA agrees and has revised this final rule accordingly.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.

Related Service Information

    The FAA reviewed Bell Helicopter Alert Service Bulletin 412-12-151,
Revision A, dated July 8, 2014. This service information specifies
procedures for adding a permanent flight hour (hours TIS) penalty for
collective levers installed or previously installed on helicopters with
a Strake and FF system P/N 412-705-040-101.

Differences Between This AD and the Service Information

    The service information specifies adding the permanent life penalty
at the next scheduled inspection, whereas this AD requires that action
within 50 hours TIS after the effective date of this AD instead.

Costs of Compliance

    The FAA estimates that this AD affects 96 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Replacing a collective lever takes about 2 work-hours and parts
cost about $18,237, for an estimated cost of $18,407 per helicopter and
up to $1,767,072 for the U.S. fleet.

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

    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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The 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:

2022-07-03 Bell Textron Inc.: Amendment 39-21990; Docket No. FAA-
2021-0713; Project Identifier AD-2021-00180-R.

(a) Effective Date

    This airworthiness directive (AD) is effective April 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Inc., Model 412, 412EP, and
412CF helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2700, Flight
Control System.

(e) Unsafe Condition

    This AD was prompted by evaluation results showing flight loads
that impact the collective lever fatigue life on helicopters with a
BLR Aerospace Strake and FastFin (Strake and FF) system installed.
The FAA is issuing this AD to prevent fatigue damage and cracking,
which could result in failure of the collective lever and subsequent
loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 50 hours time-in-service (TIS) after the effective
date of this AD:
    (i) For helicopters with a Strake and FF system part number (P/
N) 412-705-040-101 installed since initial delivery from the
manufacturer, add a permanent penalty of 5,000 hours TIS to the
total hours TIS indicated on the component history card or
equivalent record for the collective lever P/N 412-010-408-101.
    Note 1 to paragraph (g)(1)(i): Bell Helicopter service
information identifies helicopters with serial numbers 36570, 36579,
36587, and 36593 through 36602 inclusive, as being originally
delivered with a Strake and FF system installed and needing the
flight hour (hours TIS) penalty on collective lever P/N 412-010-408-
101 applied.
    (ii) For helicopters with Strake and FF system P/N 412-705-040-
101 installed after delivery from the manufacturer, calculate the
TIS penalty for collective lever P/N 412-010-408-101 by
accomplishing the following:
    (A) Verify the component history card or equivalent record of
the collective lever and note the total hours TIS.
    (B) Determine the remaining hours TIS by subtracting the total
hours TIS of the collective lever from its life limit of 10,000
total hours TIS.
    (C) Divide the remaining time by 2 and add that number to the
existing total hours TIS. This is the new total TIS after being
penalized.
    (D) Enter the new total TIS after being penalized from paragraph
(g)(1)(ii)(C) of this AD to the component history record or
equivalent record for the collective lever.
    (2) Before further flight, remove from service any collective
lever P/N 412-010-408-101 that has reached or exceeded its life
limit of 10,000 total hours TIS. Thereafter, remove from service
each collective lever P/N 412-010-408-101 on or before reaching its
life limit of 10,000 total hours TIS.
    (3) As of the effective date of this AD, do not install a new
(zero total hours TIS) collective lever P/N 412-010-408-101 on any
helicopter with Strake and FF system P/N 412-705-040-101 installed
unless a penalty of 5,000 hours TIS has been added to the total
hours TIS on its component history card or equivalent record.
    (4) As of the effective date of this AD, do not install a used
collective lever P/N 412-010-408-101 on any helicopter with Strake
and FF system P/N 412-705-040-101 installed unless a penalty is
calculated by accomplishing the actions required in paragraph
(g)(1)(ii) of this AD.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO 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 local Flight Standards District 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 (j) 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 local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Hye Yoon Jang,
Aerospace Engineer, Delegation Oversight Section, DSCO Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued on March 16, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-05916 Filed 3-22-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59194-59196]
[FR Doc No: 2020-19342]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0856; FRL-10014-08-Region 6]

Air Plan Approval; New Mexico; Repeal of State Regulations for
Particulate Matter for Lime Manufacturing Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a New Mexico State
Implementation Plan (SIP) revision for the repeal of State regulations
titled 20.2.20 NMAC (Title 20: Environmental Protection, Chapter 2: Air
Quality (Statewide), Part 20: Lime Manufacturing Plants--Particulate
Matter of the New Mexico Administrative Code) that cover particulate
matter emission standards for lime manufacturing plants and lime
hydrators in the State of New Mexico. The EPA is approving the repeal
of the regulations based on the CAA section 110(l) demonstration
contained in the New Mexico submittal, which provides that the SIP
revision will not interfere with attainment and maintenance of the
national ambient air quality standards (NAAQS) or any other CAA
requirement.

DATES: This rule is effective on October 21, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0856. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Karolina Ruan Lei, EPA Region 6,
Air and Radiation Division,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our July
8, 2020, proposal (85 FR 40951). In that document, we proposed to
approve the New Mexico SIP revision submitted on February 13, 2019,
that would repeal 20.2.20 NMAC. We proposed to approve the repeal of
the regulation based on the CAA section 110(l) demonstration contained
in the New Mexico submittal, which provides that the SIP revision will
not interfere with attainment and maintenance of the NAAQS or any other
CAA requirement.

II. Response to Comments

    We received one anonymous public comment on our proposal. The
public comment supported more stringent requirements, even if not
technically required, in order to protect the environment. We
appreciate the public comment. Our action to approve New Mexico's
submission, which includes repealing the New Mexico regulations at
20.2.20 NMAC and the accompanying non-interference demonstration, is
protective of the NAAQS and does not interfere with any applicable CAA
requirement as is required by CAA section 110(l). Section 110(l) of the
CAA provides that ``. . . The Administrator shall not approve a
revision of a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in [CAA section 171]) or any other applicable requirement of
[the CAA].''
    In addition, a state can be more stringent than the CAA
requirements. If a SIP submittal meets the CAA's requirements, however,
the EPA must approve it. This is made clear in CAA section 110(k)(3),
which states the Administrator shall approve such submittal as a whole
if it meets all of the applicable requirements. Thus, the EPA must
approve SIP submittals that meet the CAA's requirements. We note that
the commenter did not indicate reason that the SIP revision did not
comply with the CAA.
    As mentioned in the previous section, our reasoning and basis for
our approval of the repeal of 20.2.20 NMAC are described in detail in
our proposed rulemaking (85 FR 40951, July 8, 2020) and the
accompanying Technical Support Document for that rulemaking, found in
Docket ID No. EPA-R06-OAR-2018-0856. The summary of our findings in our
proposal is as follows.
    After evaluating the State's submittal, we found that the removal
of 20.2.20 NMAC from the New Mexico SIP will not interfere with any
applicable requirement concerning attainment and maintenance of the
NAAQS as well as reasonable further progress, or any other applicable
requirement of the CAA. We base our finding on the following:

     This rule, while originally intended to apply to multiple
sources, now only applies to one source.
     The one source is also governed by a permit issued under
the SIP-approved permitting requirements of 20.2.72 NMAC, Construction
Permits, that requires compliance with CAA requirements, including the
NAAQS.
     Modeling that shows that this one source at its full
potential to emit emissions will not cause an exceedance of the NAAQS
or prevention of significant deterioration (PSD) increment.
     The nearest particulate matter nonattainment area is 287
kilometers away from this source, and its nonattainment issues are
primarily caused by nonanthropogenic sources. Therefore, the one
subject source will not have an impact on that area.
     Likewise, the one source is located centrally in New
Mexico and will therefore have a negligible impact on any surrounding
state's air quality.
     Finally, review of recent monitoring data does not
indicate particulate matter nonattainment problems to which the source
might contribute.
     There are no other applicable requirements, such as the
New Mexico Regional Haze Plan, with which emissions from the source
could interfere.
     If new sources or modification at the existing source
occur, these changes will have to be approved under NMED's SIP-approved
permitting program to ensure that the changes will not interfere with
attainment and maintenance of the NAAQS.
    Therefore, the removal of 20.2.20 NMAC from the New Mexico SIP will
not interfere with any applicable requirement concerning attainment and
maintenance of the NAAQS as well as reasonable further progress, or any
other applicable requirement of the CAA. Therefore, under CAA section
110(k)(3) the EPA must move forward with approval of this SIP revision
because it meets the requirements of the Act.

III. Final Action

    We are approving New Mexico's February 13, 2019, SIP submittal that
provides modifications to State regulations and update the federally
approved New Mexico SIP accordingly. This final rule removes 20.2.20
NMAC, Lime Manufacturing Plants--Particulate Matter, from the New
Mexico SIP, codified at 40 CFR part 52, subpart GG, 52.1620, as we find
that such a revision will not adversely affect the attainment of
applicable CAA requirements. This action is being taken under section
110 of the Act.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. As described in the Final Action
section above, the EPA is finalizing to remove 20.2.20 NMAC, Lime
Manufacturing Plants--Particulate Matter, from the New Mexico SIP,
which is incorporated by reference in accordance with the requirements
of 1 CFR part 51.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 20, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

    Dated: August 26, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

Sec.  52.1620  [Amended]

0
2. In Sec.  52.1620 in paragraph (c), amend the table titled ``EPA
Approved New Mexico Regulations'' by removing the entry for ``Part 20''
titled ``Lime Manufacturing Plants--Particulate Matter'' under ``New
Mexico Administrative Code (NMAC) Title 20--Environment Protection
Chapter 2--Air Quality''.

[FR Doc. 2020-19342 Filed 9-18-20; 8:45 am]
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[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Notices]
[Page 18879]
[FR Doc No: 2012-7296]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

Department of Transportation Final Environmental Justice Strategy

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice.

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

SUMMARY: The Department of Transportation is issuing a revised
environmental justice strategy, which sets forth DOT's commitment to
identifying and addressing disproportionately high and adverse human
health and environmental effects of agency policies and activities on
minority and low-income populations. This strategy is published as a
final document; however, it is a revision of a previous version
published in 1995, and may be adjusted periodically in the future to
reflect new insights acquired through implementation and changing
social and technological conditions.
    The strategy has been revised in response to an interagency
Memorandum of Understanding on Environmental Justice (EJ MOU),
confirming the importance of addressing environmental justice
considerations in agency programs, policies, and activities. The
strategy identifies actions the Department intends to take to implement
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'', signed by
President Clinton on February 11, 1994. This Executive Order directs
agencies to identify and address disproportionately high and adverse
impacts on minority and low-income populations with respect to human
health and environment. The EJ MOU acknowledges the continued
importance of EJ and participating Federal agencies pledged to review
and update existing EJ strategies. This updated EJ strategy reflects
DOT's continued commitment to EJ principles and to integrating those
principles into DOT programs, policies, and activities.
    The revised strategy is publicly available on the DOT Web site at:
http://www.fhwa.dot.gov/environment/environmental_justice/ej_at_dot/dot_ej_strategy/.

FOR FURTHER INFORMATION CONTACT: Rebecca Higgins, Office of Safety,
Energy, and Environment, Office of the Assistant Secretary for
Transportation Policy, telephone<PHONE_NUMBER>, or<EMAIL_ADDRESS>U.S.
Department of Transportation, 1200 New Jersey Ave. SE., Washington DC
20590.

    Issued in Washington, DC, on the 2nd day of March 2012.
Ray LaHood,
Secretary, Department of Transportation.
[FR Doc. 2012-7296 Filed 3-27-12; 8:45 am]
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[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17840-17841]
[FR Doc No: 2017-07469]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-4389]

Genome Editing in New Plant Varieties Used for Foods; Extension
of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is extending the
comment period for a docket to receive information and comments on the
use of genome editing techniques to produce new plant varieties that
are used for human or animal food. We established the docket through a
notice that appeared in the Federal Register of January 19, 2017. We
are taking this action in response to requests for an extension to
allow interested persons additional time to submit comments.

DATES: We are extending the comment period on the notice that published
January 19, 2017 (82 FR 6564). Submit either electronic or written
comments by June 19, 2017. Late, untimely filed comments will not be
considered. The https://www.regulations.gov electronic filing system
will accept comments until midnight Eastern Time at the end of June 19,
2017. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are postmarked or
the delivery service acceptance receipt is on or before that date.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA 2016-N-4389 for ``Genome Editing in New Plant Varieties Used for
Foods.'' Received comments, those filed in a timely manner (see DATES),
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Division of Dockets Management. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:
    Regarding human food issues: Jason Dietz, Center for Food Safety
and Applied Nutrition (HFS-205), Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.
    Regarding animal food issues: Kathleen Jones, Center for Veterinary
Medicine (HFV-220), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 19, 2017,
we published a notice announcing the establishment of a docket to
receive comments on the use of genome editing techniques to produce new
plant varieties that are used for human or animal food. We requested
these comments because we recognize that developers of new plant
varieties, researchers, and other stakeholders may have valuable
factual information and data about foods derived from new plant
varieties produced using genome editing, which can help inform FDA's
thinking for these specific products. The notice also discussed the
history of FDA's thinking regarding these products, our long history of
consultations with developers, researchers, and other stakeholders, and
specific questions and issues for which we invited comments. We
provided a 90-day comment period that was scheduled to end on April 19,
2017.
    We have received requests for a 60-day extension of the comment
period. The requests conveyed concern that the current 90-day comment
period does not allow sufficient time to develop a meaningful or
thoughtful comments to the questions and issues we presented in the
notice.
    We have considered the requests and are extending the comment
period for 60 days, until June 19, 2017. A 60-day extension allows more
time for interested persons to submit comments to the docket on this
issue.

    Dated: April 7, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-07469 Filed 4-12-17; 8:45 am]
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