                         UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF COLUMBIA

SIERRA CLUB,

			Plaintiff,

	v.

ANDREW WHEELER, in his official capacity as Acting Administrator, U.S. Environmental Protection Agency,

			Defendant.

Case No. 1:17-cv-02174-APM
PROPOSED PARTIAL CONSENT DECREE

      This partial consent decree is entered into by Plaintiff Sierra Club and Defendant Andrew Wheeler, in his official capacity as Acting Administrator of the U.S. Environmental Protection Agency (EPA or the Administrator; each a Party and collectively the Parties).
      WHEREAS, on October 19, 2017, Sierra Club filed a Complaint under section 304(a) of the Clean Air Act,42 U.S.C. § 7604(a), alleging that EPA violated non-discretionary duties under the Clean Air Act and the Energy Independence and Security Act, 42 U.S.C. §§ 7545 note, 7545(v)(1)-(2), by failing to: (1) complete and submit to Congress its second and third Triennial Reports on the environmental and resource-conservation impacts of the Renewable Fuel Standard program; and (2) complete "a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this chapter" (the Antibacksliding Study) and to "(A) promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the [Antibacksliding Study], any adverse impacts on air quality, as the result of the renewable volumes required by this section; or (B) make a determination that no such measures are necessary" (the Follow-up Action);
      WHEREAS, the Complaint requested, among other relief, declaratory judgment that the Administrator violated the Clean Air Act and the Energy Independence and Security Act by failing to complete the second and third Triennial Reports, the Antibacksliding Study, and the Follow-up Action, and an order compelling the Administrator to take those actions by certain dates;
WHEREAS, on June 29, 2018, EPA issued its second Triennial Report;
	WHEREAS, the Parties wish to settle this case without expensive and protracted litigation, and without a litigated resolution of any issue of law or fact;
	WHEREAS, the Parties consider this consent decree to be an adequate and equitable resolution of the claims addressed; and
	WHEREAS, the Court, by entering this consent decree, finds that it is fair, reasonable, in the public interest, and consistent with the Clean Air Act, 42 U.S.C. §§ 7401 et seq.;
	NOW THEREFORE, without determination of any issue of fact or law, and upon the Parties' consent, it is ORDERED that:
 This Court has subject matter jurisdiction to order the relief provided in this consent decree.  Venue is proper in the U.S. District Court for the District of Columbia.
 On or before March 30, 2020, EPA shall complete the Antibacksliding Study.
 If the Parties cannot reach agreement on a deadline for the Follow-up Action within three months of completion of the Antibacksliding Study, they will promptly submit a joint motion (or, if the Parties are unable to agree, separate motions) to govern further proceedings.
 The deadlines established by this consent decree, including the period set forth in Paragraph 3, may be extended (a) by written stipulation of the Parties with notice to the Court, or (b) by the Court upon motion by EPA for good cause shown under the Federal Rules of Civil Procedure and upon consideration of any response by Sierra Club and any reply by EPA.  Any other provision of this consent decree may be modified by the Court following motion by a Party for good cause shown under the Federal Rules of Civil Procedure and upon consideration of any response by the non-moving Party and any reply.
 The Parties hereby stipulate to dismiss, without prejudice, the First Claim for Relief under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Sierra Club retains the right to sue for any future violations of the statutory deadlines.
 The Parties recognize that the possibility exists that a lapse in the appropriations that fund EPA could delay compliance with the timetables in this consent decree.  If a lapse in appropriations for EPA occurs within 120 days before any deadline in this decree, including but not limited to the periods set forth in Paragraphs 2 and 3, that deadline shall be automatically extended one day for each day of the lapse in appropriations.  Nothing in this paragraph shall preclude EPA from seeking an additional extension through stipulation of the parties or modification of this consent decree under Paragraph 4.
 The Parties shall not challenge in court this consent decree's terms or this Court's jurisdiction to enter and enforce this consent decree.
 The Parties agree that this consent decree shall constitute a complete and final settlement of Sierra Club's claim that the Administrator has failed to fulfill his nondiscretionary duty under 42 U.S.C. § 7545(v)(1) to complete "a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this chapter[.]"  Sierra Club thus discharges and covenants not to sue the United States, including EPA, for that claim.
 Nothing in this consent decree shall be construed to limit or modify any discretion given to EPA by the Clean Air Act or by general principles of administrative law in taking the actions that are the subject of this consent decree, including discretion to alter, amend, or revise actions contemplated by this consent decree.  EPA's obligation to perform the actions specified in Paragraphs 2 and 3 does not constitute a limitation or modification of EPA's discretion within the meaning of this paragraph.
 Nothing in this consent decree shall be construed as an admission of any issue of fact or law nor as a waiver or limitation regarding any claim or defense, on any grounds, related to any EPA action addressed in this decree or any aspect of the Complaint.
 Nothing in this consent decree shall be construed (a) to confer upon the District Court jurisdiction to review any final decision made by EPA pursuant to this decree or to review any issues that are within the exclusive jurisdiction of the U.S. Court of Appeals pursuant to 42 U.S.C. § 7607(b)(1), or (b) to waive any remedies or defenses the Parties may have under 42 U.S.C. § 7607(b)(1).
 The Parties acknowledge that the obligations imposed on EPA under this consent decree can only be undertaken using appropriated funds legally available for such purpose.  No provision of this decree shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.
 Any notices required or provided for by this consent decree shall be made in writing and sent to the following (or to any new address of counsel as filed and listed in the docket of this matter, at a future date):
For Plaintiff:
Devorah Ancel
Senior Attorney
Sierra Club Environmental Law Program
6406 North Interstate 35 Frontage Road
Suite 1806
Austin, TX 78752
(415) 845-7847
<EMAIL_ADDRESS>
For Defendant:
Sue Chen
U.S. Department of Justice
Environment & Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, DC 20044
(202) 305-0283
<EMAIL_ADDRESS>

 If the Parties dispute the interpretation or implementation of any aspect of this consent decree, the disputing Party shall provide the other Party with a written notice outlining the nature of the dispute and requesting informal negotiations.  The Parties shall meet and confer to attempt to resolve the dispute.  If the Parties cannot resolve the dispute within 20 business days after receipt of the notice (or a longer period as stipulated by the Parties), either Party may move the Court to resolve the dispute.
 No motion or other proceeding seeking to enforce this consent decree or for contempt of Court shall be filed unless the Party seeking to enforce this decree has followed the procedure set forth in Paragraph 14.
 The Court shall retain jurisdiction to enforce the terms of this consent decree and to resolve any disputes thereunder, and to consider any requests for costs of litigation, including attorney fees.  When EPA's obligation under Paragraph 2 has been completed, and at the end of the period set forth in Paragraph 3, the Parties may either jointly notify the Court that the consent decree should be terminated, or EPA may so notify the Court by motion.  If EPA notifies the Court by motion, then Sierra Club shall have 20 days to respond (unless the Parties stipulate to a longer period).
 It is expressly understood and agreed that this consent decree was jointly drafted by Sierra Club and EPA.  The Parties thus agree that any and all rules of construction that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning this decree's terms, meaning, or interpretation.
 The Parties shall seek to resolve any claim for costs of litigation (including attorney fees) in separate settlement agreements.  If they cannot, then Sierra Club reserves the right to file a motion for costs of litigation (including attorney fees), including a motion for interim fees up to and including entry of this consent decree.  EPA reserves the right to oppose any such requests.  The Parties reserve all claims and defenses as to any future costs-of-litigation claim.
 If for any reason the Court declines to approve this consent decree in the form presented, this agreement is voidable at the sole discretion of either Party and the proposed decree's terms may not be used as evidence in any litigation between the Parties.
 The undersigned representatives of Sierra Club and EPA certify that they are fully authorized by the Party they represent to consent to the Court's entry of the terms and conditions of this decree.

      SO ORDERED on this ___ day of _________________, 2019.

                              _________________________________
						Amit P. Mehta
						United States District Judge

For Plaintiff

                                    Devorah Ancel                                                         C.A. Bar #261038                                                           Sierra Club
                                6406 North Interstate 35 Frontage Road
                                Suite 1806
                                Austin, TX 78752
						Tel:<PHONE_NUMBER>
<EMAIL_ADDRESS>
Dated:

For Defendant					Jonathan D. Brightbill
                                    Deputy Assistant Attorney General

                              Sue Chen
                              Trial Attorney
                                 N.Y. Bar 4866802
                              U.S. Department of Justice
                              Environment & Natural Resources Division
                              Environmental Defense Section
                              P.O. Box 7611
                              Washington, DC 20044
                              Tel:<PHONE_NUMBER>
<EMAIL_ADDRESS>
Dated:


[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58235-58236]
[FR Doc No: 2023-18381]

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U.S. COMMITTEE ON THE MARINE TRANSPORTATION SYSTEM

[Docket No. DOT-OST-2023-0117]

Proposed National Guidance for Industry on Responding to
Munitions and Explosives of Concern in U.S. Federal Waters

AGENCY: U.S. Committee on the Marine Transportation System.

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice announces the availability of a draft guidance
document, the National Guidance for Industry on Responding to Munitions
and Explosives of Concern in U.S. Federal Waters. The U.S. Committee on
the Marine Transportation System invites public comment on the draft
guidance.

DATES: Submit comments on or before September 25, 2023.

ADDRESSES: The draft guidance can be viewed through the U.S. Committee
on the Marine Transportation System's website at https://www.cmts.gov/topic-offshore-energy/. You may submit comments, identified by docket
number DOT-OST-2023-0117, using the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the instructions for submitting
comments. Comments received will be posted without change to https://www.regulations.gov, including any personal information you provide. Do
not submit any information you consider to be private information,
privileged or confidential commercial or financial information, or if
the disclosure of which is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Michael Heard Snow, Senior Policy
Advisor, U.S. Committee on the Marine Transportation System, 1200 New
Jersey Ave. SE, Washington, DC 20590-0001; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Until 1972, one of the primary mechanisms for the disposal of
munitions and explosives of concern (MEC), including unexploded
ordnance, discarded military munitions, and munitions constituents--all
of which may pose explosive hazards--was to dispose of them at sea.
This disposal, in addition to other mechanisms, has led to a
significant buildup of MEC in Federal waters on the outer continental
shelf (OCS) with a concentration along the eastern seaboard of the
United States. As the demand for renewable energy continues to grow,
offshore energy, with a focus on offshore wind, is rapidly increasing.
The Biden-Harris Administration has set a goal of significantly
increasing the nation's offshore wind energy capacity to 30 gigawatts
by 2030. However, many of the sites leased and targeted for development
of these projects overlap with areas where MEC have settled over the
decades. To answer questions on how to address the discovery of MEC
through a whole-of-government process, the Bureau of Safety and
Environmental Enforcement (BSEE) approached the U.S. Committee on the
Marine Transportation System (CMTS), a Congressionally mandated,
Cabinet-level interagency body, to convene Federal agencies to develop
this guidance. This document is intended to help Federal agencies
coordinate their statutory and regulatory authorities to approve,
regulate, or permit the detonation, removal, or mitigation of MEC on
the OCS.
    The draft national guidance describes the process recommended to
industry when responding to MEC discovered in Federal waters and on the
OCS during the development of offshore energy installations. This
includes procedures for industry to inform the government of MEC
discoveries on the OCS, a process to safely develop a risk assessment,
and MEC operational response plan. The draft guidance also outlines the
interagency process for the government to respond to such discoveries
and work with industry.

Comments Invited

    The CMTS invites public comments on the draft guidance concerning
the proposed process for addressing the discovery of munitions and
explosives of concern on the U.S. outer continental shelf during
offshore energy development. The CMTS will consider the public comments
submitted during this comment period in issuing any final National
Guidance.

    Issued in Washington, DC.
Brian J. Tetreault,
Acting Director, U.S. Committee on the Marine Transportation System.
[FR Doc. 2023-18381 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Notices]
[Pages 59390-59391]
[FR Doc No: 2013-23422]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70463; File Nos. SR-NYSE-2013-54; SR-NYSEMKT-2013-66;
SR-NYSEARCA-2013-77]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; NYSE Arca, Inc.; Notice of Designation of a Longer Period for
Commission Action on Proposed Rule Changes That Address the Exchanges'
Emergency Powers

September 20, 2013.
    On July 22, 2013, the New York Stock Exchange LLC (``NYSE''), NYSE
MKT LLC (``NYSE MKT''), and NYSE Arca, Inc. (``NYSE Arca'' and together
with NYSE and NYSE MKT, the ``Exchanges'') each filed with the
Securities and Exchange Commission (``Commission'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ proposed rule changes to address their emergency
powers. The proposed rule changes were published for comment in the
Federal Register on August 8, 2013.\3\ The Commission received two
comments on the proposals.\4\ The Exchanges submitted a response to the
comment letters on September 9, 2013.\5\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 70099 (August 2,
2013), 78 FR 48522 (SR-NYSE-2013-54); 70098 (August 2, 2013), 78 FR
48513 (SR-NYSEMKT-2013-66); and 70097 (August 2, 2013), 78 FR 48528
(SR-NYSEARCA-2013-77).
    \4\ See Letters to the Commission from Elizabeth King, Global
Head of Regulatory Affairs, KCG Holdings, Inc., dated August 28,
2013, and Manisha Kimmel, Executive Director, Financial Information
Forum (``FIF''), dated August 29, 2013.
    \5\ See Letter to the Commission from Janet McGinnis, General
Counsel, NYSE Markets, dated September 9, 2013 (``Exchanges'
Response Letter'').
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    Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for these filings is September 22, 2013.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day period for Commission action
on the proposed rule changes. The Commission finds that it is
appropriate to designate a longer period to take action on the proposed
rule changes so that it has sufficient time to consider the Exchanges'
proposals, which would alter the way the Exchanges operate in the event
of an emergency, and to consider the comment letters that have been
submitted in connection with the proposed rule changes. The Commission
notes that the Exchanges and industry participants will conduct testing
on September 21, 2013, relating to the proposals' implementation.\7\
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    \7\ See Exchanges' Response Letter, supra note 5, at 2.
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    Accordingly, pursuant to Section 19(b)(2) of the Act,\8\ the
Commission designates November 6, 2013, as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
changes (File Numbers SR-NYSE-2013-54; SR-NYSEMKT-2013-66; and SR-
NYSEARCA-2013-77).
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    \8\ 15 U.S.C. 78s(b)(2).
    \9\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-23422 Filed 9-25-13; 8:45 am]
BILLING CODE 8011-01-P


Jan King/ RTP/ USEPA/ US 07/ 05/ 2005 01: 19 PM To aflynn@ omb. eop. gov cc Lydia Wegman/ RTP/ USEPA/ US@ EPA, Winifred Okoye/ DC/ USEPA/ US@ EPA, Tom Helms/ RTP/ USEPA/ US@ EPA Subject OMB review of GA stay for NOx SIP Call This is to confirm our telephone conversation today in which you stated that OMB has waived review of the final rule, " Stay of the Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate Transport." I appreciate your attention to this matter.

Jan King 919/ 541 5665


[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7359-7360]
[FR Doc No: 2019-03767]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10674-017]

Notice of Application Tendered for Filing With the Commission and
Soliciting Additional Study Requests and Establishing Procedural
Schedule for Relicensing and a Deadline for Submission of Final
Amendments: Kaukauna Utilities

    Take notice that the following hydroelectric application has been
filed

with the Commission and is available for public inspection.
    a. Type of Application: New Major license.
    b. Project No.: 10674-017.
    c. Date filed: February 14, 2019.
    d. Applicant: Kaukauna Utilities.
    e. Name of Project: Kimberly Hydroelectric Project.
    f. Location: The Kimberly Project is located at the U.S. Army Corps
of Engineers' (Corps) Cedars Dam on the Lower Fox River in the Village
of Kimberly in Outagamie County, Wisconsin. The project does not occupy
federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mike Pedersen, Manager of Generation and
Operations, Kaukauna Utilities, 777 Island Street, P.O. Box 1777,
Kaukauna, WI 54130-7077,<PHONE_NUMBER>1.
    i. FERC Contact: Colleen Corballis,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: April 15, 2019.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. The first page of any filing should include
docket number P-10674-017.
    m. The application is not ready for environmental analysis at this
time.
    n. The project consists of: (1) A 161-foot-long, 43-foot-wide, 61-
foot-high reinforced concrete and brick masonry powerhouse located at
the south abutment of Cedars Dam and containing three turbine-generator
units each rated at 723 kilowatts for a total installed capacity of
2.170 megawatts; (2) a 2.4 kilovolts (kV) to 34.5 kV step-up
transformer; and (3) appurtenant facilities. The project is directly
connected to a 34.5 kV local distribution line which is not part of the
project. The average annual generation was 12,324,827 kilowatt-hours
for the period 2011 to 2017.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary)--April 2019
Request Additional Information (if necessary)--April 2019
Issue Scoping Document 1 for comments--August 2019
Request Additional Information (if necessary)--October 2019
Issue Scoping Document 2 (if necessary)--November 2019
Issue Notice of Ready for Environmental Analysis--November 2019
Commission issues EA--May 2020

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: February 22, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-03767 Filed 3-1-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Pages 17175-17176]
[FR Doc No: 2020-06324]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on Change in Use of
Aeronautical Property at Perry Foley Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: The Federal Aviation Administration is requesting public
comment on a request by the Taylor County, Florida to release federally
obligated land from conditions of the Surplus Property Quitclaim Deed
dated April 11, 1947 at the Perry Foley Airport, Perry, Florida. This
property was transferred to Taylor County under the authority of the
April 11th, 1947, the United States, War Assets Administration and
Section 13 of the Surplus Property Act of 1944 (58 Stat. 765). The
request includes five (5) parcels adjacent to the airport totaling
approximately 17.28 acres. Fair market value of the commercial
properties at time of sale was $94,470.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Perry Foley Airport and the FAA
Airports District Office.
SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

DATES: Comments are due on or before April 27, 2020.

ADDRESSES: Documents are available for review at Perry Foley Airport,
and the FAA Orlando Airports District Office, 8724 SouthPark Circle,
Suite 524, Orlando, FL 32819. Written comments on the Sponsor's request
must be delivered or mailed to: Pedro Blanco, Community Planner, FAA
Orlando Airports District Office, 8724 SouthPark Circle, Suite 524,
Orlando, FL 32819.

FOR FURTHER INFORMATION CONTACT: Pedro Blanco, Community Planner, FAA
Orlando Airports District Office, 8724 SouthPark Circle, Suite 524,
Orlando, FL 32819.
    Revision Date 11/22/00.

    Issued in Orlando, FL on March 19, 2020.
Bart Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2020-06324 Filed 3-25-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Rules and Regulations]
[Pages 66244-66245]
[FR Doc No: 2022-23955]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0728]

Special Local Regulations; Englewood Beach Waterfest; Gulf of
Mexico; Englewood, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a special local regulation during
the Englewood Beach Waterfest. During the enforcement period, all
persons and vessels, except those persons and vessels participating in
the high speed boat races, are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area without
obtaining permission from the

Captain of the Port St. Petersburg or a designated representative.

DATES: The regulations in 33 CFR 100.703 will be enforced daily from 8
a.m. until 6 p.m., on November 18, 2022 through November 20, 2022, for
the location identified in Item 8 in Table 1 to Sec.  100.703.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
Second Class Regina Cuevas, Sector St. Petersburg Prevention
Department, Coast Guard; telephone<PHONE_NUMBER>, email
[email protected]

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703, Table 1 to Sec.  100.703, Item No.
8, for the Englewood Beach Waterfest regulated area from 8 a.m. until 6
p.m., on November 18, 2022 through November 20, 2022. This action is
being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for recurring marine events, Sector
St. Petersburg, Sec.  100.703, Table 1 to Sec.  100.703, Item No. 8,
specifies the location of the regulated area for the Englewood Beach
Waterfest, which encompasses portions of the Gulf of Mexico near
Englewood, FL. During the enforcement period, all persons and vessels,
except those persons and vessels participating in the high speed boat
races, are prohibited from entering, transiting through, anchoring in,
or remaining within the regulated area without obtaining permission
from the Captain of the Port St. Petersburg or a designated
representative.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners, marine information
broadcasts, or both.

    Dated: October 25, 2022.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2022-23955 Filed 11-2-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Page 50892]
[FR Doc No: 2023-16336]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4705-DR; Docket ID FEMA-2023-0001]

Texas; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4705-DR), dated April 21, 2023, and
related determinations.

DATES: This amendment was issued May 22, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following area
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
April 21, 2023.

    Franklin County for Public Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-16336 Filed 8-1-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: June 28, 2007 (Volume 72, Number 124)]
[Proposed Rules]
[Page 35377-35380]
[DOCID:fr28jn07-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8331-2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Intent to Delete the Grand Street Mercury Superfund
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, is
issuing a Notice of Intent to Delete the Grand Street Mercury Superfund
Site (Site) from the National Priorities List (NPL) and requests public
comment on this action. The Grand Street Mercury Site is located in the
city of Hoboken, Hudson County, New Jersey. The NPL is Appendix B of
the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP), 40 CFR part 300, which EPA promulgated pursuant to Section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended. EPA and the State of New
Jersey, through the Department of Environmental Protection (NJDEP),
have determined that all appropriate remedial actions have been
completed and no further remedial actions are required.
    In addition, EPA and NJDEP have determined that the cleanup goals
attained at this Site are protective of public health and the
environment.

DATES: Comments concerning the deletion of this site from the NPL must
be received July 30, 2007.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1997-0001, by one of the following methods: http://www.regulations.gov.
 Follow on-line instructions for submitting

comments.
    E-mail<EMAIL_ADDRESS>    Fax:<PHONE_NUMBER>.
    Mail: Ms. Farnaz Saghafi, Remedial Project Manager, New Jersey
Remediation Branch, Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, 19th Floor,
New York, New York, 10007-1866.
    Hand delivery: 290 Broadway Street, 18th Floor, New York, New York
10007-1866. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1997-0001. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going to http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. Certain other material, such
as copyrighted material, will be publicly available only in the

hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:

U.S. EPA Records Center, 290 Broadway--18th Floor, New York, New York
10007-1866. Hours: Monday through Friday, 9 a.m. to 5 p.m. Phone: 212-
637-4308.

Hoboken Public Library, 500 Park Avenue, Hoboken, New Jersey 07030.
Phone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Farnaz Saghafi at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents:

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    EPA Region 2 announces its intent to delete the Grand Street
Mercury Superfund Site from the NPL and requests public comment on this
action. EPA maintains the NPL as the list of sites that present a
significant risk to public health or the environment. Sites on the NPL
may be the subject of remedial actions financed by the Hazardous
Substance Superfund (Fund).
    EPA will accept comments on the proposal to delete this Site for
thirty (30) days after publication of this document in the Federal
Register. Section II below explains the criteria for deleting sites
from the NPL. Section III discusses the procedures that EPA is using
for this action. Section IV discusses how this Site meets NPL deletion
criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that sites may be deleted
from the NPL where no further response is appropriate. In making this
determination, EPA, in consultation with NJDEP, will consider whether
any of the following criteria have been met:
    (i) Responsible parties or other persons have implemented all
appropriate response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been
implemented, and no further response action by responsible parties is
appropriate; or
    (iii) The remedial investigation has shown that the release of
hazardous substances poses no significant threat to public health or to
the environment and, therefore, taking of remedial measures is not
appropriate.

III. Deletion Procedures

    The following procedures apply to the deletion of this Site:
    (1) EPA issued a Record of Decision (ROD) on September 30, 1997,
which called for: Relocation of the residents of the former industrial
building at the Site; gross mercury decontamination and demolition of
two buildings; excavation and off-site disposal of mercury-contaminated
soils; sampling and assessment of soils at adjacent properties;
sampling of groundwater at the Site; and assessment of soil data from
the adjacent properties and groundwater data to evaluate the need for
future remedial action. (2) All appropriate responses under CERCLA have
been implemented as described in a Preliminary Close-Out Report dated
September 2005. (3) EPA has recorded a notice with the County Clerk's
office for Hudson County advising future owners of the former facility
property located at 720-732 Grand Street, Hoboken, New Jersey that the
environmental data collected at the Site exceed the screening level for
mercury developed pursuant to EPA's Draft Guidance for Evaluating the
Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils, such
that further evaluation and/or engineering controls may be necessary
when and if structures are erected at the property. (4) The NJDEP
concurs with the proposed deletion. (5) A notice has been published in
the local newspaper and has been distributed to appropriate federal,
state and local officials and other interested parties announcing a 30-
day public comment period on EPA's Notice of Intent to Delete. (6) All
relevant documents have been made available for public review at the
local Site information repository and at EPA Region 2.
    Deletion of sites from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. The NPL is designed
primarily for informational purposes and to assist Agency management of
Superfund sites. As mentioned in section II of this document, Sec.
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions.
    EPA's Regional Office will accept and evaluate public comments
before making a final decision on deletion of this Site. If necessary,
EPA will prepare a Responsiveness Summary to address significant public
comments received during the public comment period. If after
consideration of the comments received, EPA decides to proceed with the
deletion, EPA will place a final Notice of Deletion in the Federal
Register. Generally, the NPL will reflect deletions in the final update
following the notice. Public notices and copies of the Responsiveness
Summary will be made available to local residents by the Regional
Office.

IV. Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for the
proposal to delete this Site from the NPL.

Background

    The Grand Street Mercury Site is located at 720 and 722-732 Grand
Street, Hoboken, Hudson County, New Jersey. The Site included a former
industrial building which was converted from 1993 to 1995 into 16
residential/studio spaces (722-732 Grand Street), a townhouse formerly
used for various purposes which was also intended for residential
conversion (720 Grand Street), and an adjacent asphalt-covered parking
lot. Soils on five residential properties adjacent to the former
industrial facility with mercury at levels greater than 23 mg/kg were
also addressed as part of the remedial action.
    Mercury, believed to be associated with the use of vacuum pumps
containing mercury and the manufacture of mercury vapor lamps and
mercury-containing switches, was prevalent throughout the buildings,
which have been demolished as part of the remedial action, and the
parking lot. Mercury vapor lamps and numerous other types of lamps
requiring lesser amounts of and/or no mercury in the manufacturing
process were manufactured at the facility from 1910 to approximately
1965.

Response Actions

    On January 2, 1996, EPA received a request from NJDEP to conduct an
emergency removal action under CERCLA, and to assist the Hoboken Health
Department (HHD) in assessing the extent of mercury contamination at
720 and 722-732 Grand Street. EPA asked the Agency for Toxic Substances
and Disease Registry (ATSDR) to evaluate the Site. On January 3, 1996,
ATSDR issued a Public Health Consultation which concluded that an
imminent health hazard existed at the Site, and that the residents
should be dissociated from further exposure to this mercury hazard.
    On January 4, 1996, the HHD, based on advice from the New Jersey
Department of Health (NJDOH), issued an ``Order of Health Officer'',
which ordered the residents to vacate the buildings by January 9, 1996.
All

occupants had vacated the buildings by 4 p.m. on January 11, 1996.
    On January 4, 1996, EPA authorized a Superfund removal action at
the Site. The removal action included providing temporary relocation
for residents of the Grand Street Site, providing for security and
maintenance of the buildings, continued sampling and screening of the
buildings as well as the personal possessions of the residents, and
transportation, treatment, and/or disposal of contaminated materials
generated during previous remediation efforts. The Site was officially
added to the NPL on September 25, 1997.
    In February 1997, EPA issued a Unilateral Administrative Order
(UAO) to Potentially Responsible Parties (PRPs) General Electric
Company (GE) and John Pascale, ordering them to take over temporary
relocation, site security, building maintenance, and other activities
from EPA. EPA subsequently modified the UAO to remove temporary
relocation activities. GE initiated work at the Site on August 4, 1997.
    In April 1997, EPA completed a Baseline Risk Assessment for the
Site. A draft Focused Feasibility Study (FFS) that analyzed remedial
alternatives for the Site was completed in July 1997. EPA issued a ROD
for the Site on September 30, 1997.
    Since the issuance of the ROD, EPA has acquired the former facility
property located at 720-732 Grand Street and completed the permanent
relocation of the residents. EPA issued a second UAO to GE on April 1,
1998 directing GE to perform the Remedial Design and Remedial Action
described in the ROD, excluding relocation activities. GE prepared a
Remedial Design (RD) Report for demolition of the two buildings
formerly used for manufacturing operations, as well as excavation and
removal of contaminated soil from the parking lot and from under the
building slab. The demolition phase of the remedial action began in
November 2001 and was completed by July 2003.
    In March 2001, EPA approved GE's Supplemental Remedial Design Work
Plan (SRDWP), concerning the soil sampling at adjacent residential
properties required by the ROD. In May 2002, GE submitted to EPA the
Supplemental Investigation Report, which describes the results of the
SRDWP sampling as well as earlier soil sampling conducted at adjacent
properties by EPA and GE.

Cleanup Goals

    On April 17, 2003, EPA issued an Explanation of Significant
Differences (ESD) setting forth its determination that soil in the
backyards of the five residential properties must be addressed as part
of the remedial action, requiring the excavation of soil from backyards
even if only a single sample showed a concentration of mercury greater
than 23 milligrams per kilogram (mg/kg), rather than using an average
of all the samples collected at each depth. The basis for this
determination is explained in the April 17, 2003 ESD.
    By summer 2003, the contaminated industrial building and the
attached townhouse had been demolished. During the subsequent removal
of the buildings' basement slabs, EPA's oversight personnel and the
PRP's consultant observed visible mercury in the underlying soil.
Sampling showed that the soil was more contaminated than had been
expected, and the contamination was present at depths below the water
table.
    The remediation goal for mercury in the surface soils, as described
in the ROD, is 23 mg/kg and was developed to be protective of public
health for both ingestion and inhalation exposure pathways for
residential populations, including children. For subsurface soils,
which at the Site are considered to be soils below the water table
(located approximately 4.5 to 5.5 feet below ground surface), it is
unlikely that residential populations would be exposed under typical,
or reasonable, scenarios. The populations most likely to come into
contact with these soils consist of utility workers and construction
workers. Therefore, EPA determined that a distinct remediation goal for
subsurface soils was needed to protect those specific populations. A
remediation goal of 520 mg/kg of mercury was developed by EPA based on
an assumed two-month duration of construction activity within
subsurface soils. The addition of a remediation goal for subsurface
soils was the subject of the second ESD for the Site issued on July 2,
2004.
    The work necessary to achieve this remediation goal was performed
in accordance with the approved Soil Removal Work Plan for Former
Building Footprint, dated September 2003, prepared by GE. The
activities associated with this work were conducted from September
through December, 2004. Approximately 2 feet of soil were excavated in
most areas below the former building footprint, and 6.5 feet were
removed in three grids in this area. In the parking lot area,
excavation depth varied from 0.5 to 5 feet depending on levels of
mercury contamination detected during the investigation phase of the
work. Post-excavation samples were collected every 30 feet throughout
the excavation prior to backfilling the areas to ensure that the
remaining soils met remediation goals.
    An evaluation of the post-excavation sampling data shows that in
only one grid in the subsurface soils there is an exceedence of the 520
mg/kg cleanup goal. The outlier data point is within a small grid
(112.5 square feet in area) which was part of a larger grid (grid 1).
That section was excavated down to 4.5-5 feet and the post-excavation
sample was recorded at 676 mg/kg. The soil was further removed down to
6 feet where the meadow mat layer lies. This is a semi-confining layer
which should not be punctured. Therefore, no further excavation or
sampling at this layer was performed. Although the last data point in
this grid has been recorded at 676 mg/kg, the number is not truly
representative of what remains in that grid since more soil was removed
after the sample was taken. Discounting this outlier data point from
the data, the average mercury concentration in both saturated soils and
unsaturated soils remaining at the site is 22.71 mg/kg.
    The backfill material was sampled and certified to have no
unacceptable levels of contamination or radioactivity before use. The
backfilled soils met the New Jersey cleanup standards for unrestricted
use. The PRP completed all work associated with this phase of cleanup
by December 2004.
    The soil removal work plan also included the installation of three
additional groundwater monitoring wells in the vicinity of the former
basement slabs. The new wells were sampled, in addition to the seven
existing monitoring wells, in December 2004 to further evaluate
groundwater conditions. Results showed that none of the monitoring
wells contained mercury levels in the groundwater above 2 parts per
billion (ppb), which is both the federal Maximum Contaminant Level
(MCL) established pursuant to the federal Safe Drinking Water Act, and
the New Jersey MCL established pursuant to the New Jersey Safe Drinking
Water Act, and is the designated cleanup level for the Site.
    During the soil removal activities, two of the groundwater
monitoring wells located in the former parking lot had to be abandoned
to enable the complete excavation of contaminated soils. It was
determined that sufficient groundwater data would be obtained through
the surrounding wells due to their close proximity. The remaining eight
wells were sampled in a confirmatory round of groundwater sampling in
June 2005. Results again showed that none of the of the monitoring
wells contained mercury levels in the groundwater above 2 ppb, the
applicable cleanup

level for the Site. All related monitoring wells were sealed and
abandoned in accordance with the state of New Jersey's ``General
Requirements for the Decommissioning of all Wells'', N.J.A.C. 7:9D-3.1
in October 2006.
    EPA issued a third ESD on September 16, 2005 relating to the
groundwater at the Site. The ESD describes EPA and NJDEP's
determination that no remedial action with respect to the groundwater
is necessary. This is due to the findings of the groundwater sampling
performed at the Site. Two rounds of groundwater sampling, performed in
December 2004 and in June 2005 as well as groundwater sampling
performed in 2000 showed that none of the monitoring wells contained
mercury levels in the groundwater above 2 parts per billion (ppb),
which is both the MCL established pursuant to the federal Safe Drinking
Water Act, and the New Jersey MCL established pursuant to the New
Jersey Safe Drinking Water Act, and is therefore the designated cleanup
level for the Site.
    It should be noted that the site-specific mercury clean-up goals
for soils established by EPA for the former facility property, which
are protective of public health for both ingestion and inhalation
exposure pathways, exceed the screening levels found in EPA's Draft
Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from
Groundwater and Soils. While this does not indicate that a vapor
intrusion problem will occur if a building(s) is erected in the future
at the now vacant property at 720-732 Grand Street, it does indicate
that further evaluation or engineering controls may be necessary when
and if structures are erected at the property. To ensure that future
owners of 720-732 Grand Street are aware of the exceedence of the
screening levels, EPA has recorded a notice with the County Clerk's
office for Hudson County advising of this fact. The notice also advises
of the final cleanup levels of mercury met at the Site.

Operation and Maintenance

    There will be no operation and maintenance plan in place since all
remedial actions have been completed at the Site.

Five-Year Review

    Upon completion of the remedial activities, hazardous substances do
not remain on-site above levels that would prevent unlimited use
without restriction. It is the policy of EPA to conduct five year
reviews when remedial activities, including monitoring, will continue
for more than five years. All cleanup goals have been met for this
Site, and there is no action warranted for the groundwater underlying
the Site as documented in the September 16, 2005 ESD.
    However, because the property is vacant, EPA cannot rule out the
possibility that the slight exceedences of screening levels established
by EPA's Draft Guidance for Evaluating the Vapor Intrusion to Indoor
Air Pathway from Groundwater and Soils are indicative of the potential
for vapor intrusion. The Site has been sold and title has been
transferred to a private entity for redevelopment and reuse. The nature
of the future use of the Site is unknown at this time and may eliminate
any potential for vapor intrusion. Therefore, prior to the time that a
five year review would be conducted (five years after the construction
completion date of 2005), EPA will evaluate conditions at the Site, and
if necessary and appropriate, will conduct a five year review.

Community Involvement

    Public participation activities for the Grand Street Mercury
Superfund Site have been satisfied as required in CERCLA Section
113(k), 42 U.S.C. 9613(k), and Section 117, 42 U.S.C. 9617. EPA
published a Community Relations Plan in July 1997. The ROD was subject
to a public review process; public comments were received and addressed
in the Responsiveness Summary portion of the ROD. All other documents
and information which EPA relied on or considered in recommending that
the Site be deleted from the NPL are available for the public to review
EPA Records Center.

Applicable Deletion Criteria/Statute Concurrence

    All the completion requirements for this Site have been met as
described in the Final Remedial Action Report dated August 2005,
prepared by GE and approved by EPA on August 30, 2005, and EPA's
Preliminary Close Out Report dated September 2005. The State of New
Jersey, in its letter of August 30, 2006 concurred on the proposed
deletion of this Site from the NPL. Consequently, EPA is proposing
deletion of this Site from the NPL. Documents supporting this action
are available in the site files.
    The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate Fund-financed response under CERCLA has been implemented,
and no further response action by responsible parties is appropriate.''
40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New
Jersey, through the Department of Environmental Protection, believes
that this criterion for deletion has been met. Consequently, EPA is
proposing deletion of this Site from the NPL.

    Dated: April 12, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7-12450 Filed 6-27-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86140-86141]
[FR Doc No: 2023-27169]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0164]

National Boating Safety Advisory Committee; January 2024 Virtual
Meeting

AGENCY: United States Coast Guard, Department of Homeland Security.

ACTION: Notice of open Federal advisory committee virtual meeting.

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SUMMARY: The National Boating Safety Advisory Committee (Committee) and
its Subcommittees will meet virtually to discuss matters relating to
national boating safety. The virtual meeting will be open to the
public.

DATES:
    Meeting: The Committee and its Subcommittees will meet on
Wednesday, January 17, 2024, from noon until 4 p.m. Eastern Standard
Time (EST). This virtual meeting may adjourn early if the Committee has
completed its business.
    Comments and supporting documentation: To ensure your comments are
received by Committee members before the virtual meeting, submit your
written comments no later than January 11, 2024.

ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. EST on January 11,
2024. The number of virtual lines are limited and will be available on
a first-come, first-served basis.
    Pre-registration information: Pre-registration is required for
attending virtual meeting. You must request attendance by contacting
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice. You will receive a response with attendance instructions.
    The National Boating Safety Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodation due to a disability to
fully participate, please email Mr. Thomas Guess at [email protected] or
call<PHONE_NUMBER> as soon as possible.
    Instructions: You are free to submit comments at any time,
including orally at the virtual meeting as time permits, but if you
want Committee members to review your comments before the meeting,
please submit your comments no later than January 11, 2024. We are
particularly interested in comments on the topics in the ``Agenda''
section below. We encourage you to submit comments through the Federal
Decision Making Portal at https://www.regulations.gov. To do so, go to
https://www.regulations.gov, type USCG-2010-0164 in the search box and
click ``Search''. Next, look for this document in the Search Results
column, and click on it. Then click on the Comment option. If your
material cannot be submitted using https://www.regulations.gov, contact
the individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
USCG-2010-0164. Comments received will be posted without alteration at
https://www.regulations.gov, including any personal information
provided. You may wish to review the Privacy and Security Notice found
via a link on the homepage of https://www.regulations.gov. For more
about about privacy and submissions in response to this document, see
DHS's eRulemaking System of Records notice (85 FR 14226, March 11,
2020). If you encounter technical difficulties with comment submission,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this notice.
    Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Guess, Alternate Designated
Federal Officer of the National Boating Safety Advisory Committee, 2703
Martin Luther King Jr. Ave SE, Stop 7509, Washington, DC 20593-7509,
telephone<PHONE_NUMBER> or via email at [email protected].

SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C., ch. 10).
The Committee was established on December 4, 2018, by section 601 of
the Frank LoBiondo Coast Guard Authorization Act of 2018, (Pub. L. 115-
282, 132 Stat. 4192), and is codified in 46 U.S.C. 15105. The Committee
operates under the provisions of the Federal Advisory Committee Act and
46 U.S.C. 15109. The National Boating Safety Advisory Committee
provides advice and recommendations to the Secretary of Homeland
Security via the Commandant of the United States Coast Guard on matters
relating to national boating safety. This notice is issued under the
authority of 46 U.S.C. 15109(a).

Agenda

    The agenda for the National Boating Safety Advisory Committee
meeting is as follows:

(1) Call to Order.
(2) Roll call of Committee members and determination of quorum.
(3) Opening Remarks.
(4) Conflict of Interest Statement.
(5) Receipt and discussion of the following reports from the Office of
Auxiliary and Boating Safety:
    a. Review of Recommendations Dashboard
    b. Review of Strategic Plan Dashboard
    c. Review of Task Statements Dashboard
    d. Review of Data Analysis Dashboard
    e. Update on National Recreational Boating Safety Survey
    f. Update on UCOTA-V implementation and Titling and VIS States
    g. Update on Grant Summaries
    h. Update on Social Media Calendar
    i. Update on Notice of Funding Opportunity (NOFO)
(6) Whale Protection Rules.
(7) Public Comment Period.
(8) Subcommittee Updates.
(9) Next meeting planning.
(10) Meeting Adjournment.

    A copy of all meeting documentation will be available at https://homeport.uscg.mil/Lists/Content/DispForm.aspx?ID=75937&Source=/Lists/Content/DispForm.aspx?ID=75937, no later than January 16, 2024.
Alternatively, you may contact Mr. Thomas Guess as noted in the FOR
FURTHER INFORMATION CONTACT section above.

    There will be a public comment period from approximately 3 p.m.
until 3:15 p.m. (EST). Speakers are requested to limit their comments
to 3 minutes. Please note that the public comment period may end before
the period allotted, following the last call for comments. Please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section above to register as a speaker.

    Dated: December 6, 2023.
Amy M. Beach,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2023-27169 Filed 12-11-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Proposed Rules]
[Page 5403]
[FR Doc No: 2019-02956]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. DOT-OST-2016-0028]
RIN 2105-AE76

Maintenance of and Access to Records Pertaining to Individuals;
Correction

AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).

ACTION: Proposed rule; correction.

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SUMMARY: The Department of Transportation is correcting a notice
published on February 6, 2019 issue of the Federal Register entitled
``Maintenance of and Access to Records Pertaining to Individuals''.
This correction amends the Docket Number of the notice from DOT-OST-
2017-0028 to read DOT-OST-2016-0028.

DATES: Effective February 6, 2019.

FOR FURTHER INFORMATION CONTACT: Claire Barrett, Departmental Chief
Privacy Officer, Office of the Chief Information Officer, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590 or<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In FR Doc. Federal Register at 84-2137 appearing on pages 2137-2138
in the Federal Register of Wednesday, February 6, 2019, the following
corrections are made:
    On page 2137, in the first column in the Title section, ``Docket
No. DOT-OST-2017-0028 is corrected to read, ``Docket No. DOT-OST-2016-
0028.
    On page 2137, in the first column in the ADDRESSES section, ``You
may file comments identified by the docket number DOT-OST-2017-0028 . .
.'' is corrected to read, ``You may file comments identified by the
docket number DOT-OST-2016-0028 . . .''
    On page 2137, in the second column in the ``Instructions'' section,
``You must include the agency name and docket number DOT-OST-2017-0028
. . .'' is corrected to read, ``You must include the agency name and
docket number DOT-OST-2016-0028 . . .''

    Dated: February 15, 2019.
Claire W. Barrett,
Chief Privacy Officer.
[FR Doc. 2019-02956 Filed 2-20-19; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85883-85884]
[FR Doc No: 2023-27110]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2023-0584, FRL-11584-01-OLEM]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Air Emission Standards for Tanks, Surface
Impoundments, OMB Control No. 2060-0318

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR), ``Air Emission
Standards for Tanks, Surface Impoundments and Containers,'' EPA ICR No.
1593.12, OMB Control No. 2060-0318 to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA). Before doing so, the EPA is soliciting public
comments on specific aspects of the proposed information collection as
described in Supplementary Information. This is a proposed extension of
the ICR, which is currently approved through April 30, 2024. This
notice allows for 60 days for public comments.

DATES: Comments must be submitted on or before February 9, 2024.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2023-0584, at https://www.regulations.gov (our preferred method),
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's
policy is that all comments received will be included in the public
docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through April 30, 2024. An agency may not
conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
    This notice allows 60 days for public comments. Supporting
documents, which explain in detail the information that the EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at www.regulations.gov or in person at the EPA
Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate forms of information technology. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: Owners and operators of affected facilities are required
to comply with reporting and record keeping requirements for the
General Provisions (40 CFR part 264, subpart A and 40 CFR 265, subpart
A), as well as for the specific requirements at 40 CFR part 264,
subpart CC and 40 CFR part 265, subpart CC. This includes submitting
initial notifications, performance tests and periodic reports and
results, and maintaining records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during

which the monitoring system is inoperative. These reports are used by
EPA to determine compliance with these standards.
    Form Numbers: None.
    Respondents/affected entities: Business or other for-profit.
    Respondent's obligation to respond: Mandatory (40 CFR part 264,
subpart CC and 40 CFR part 265, subpart CC).
    Estimated number of respondents: 6,760.
    Frequency of response: On occasion.
    Total estimated burden: 775,000 hours per year. Burden is defined
at 5 CFR 1320.03(b)
    Total estimated cost: $105,500,000 (per year), which includes
$13,500,000 annualized capital or operation & maintenance costs.
    Changes in estimates: The burden hours are likely to stay
substantially the same.

    Dated: December 1, 2023.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2023-27110 Filed 12-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Notices]
[Page 52000-52001]
[DOCID:fr24au10-56]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0280; FRL-9192-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Annual Public Water System
Compliance Report (Reinstatement); EPA ICR No. 1812.04 OMB Control No.
2020-0020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before September 23,
2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2009-0280, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Enforcement and
Compliance Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Joyce Chandler, Compliance Assurance &
Sector Division, Office of Compliance, Mailcode 2224A, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 2, 2009 (74 FR 31730), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OECA-2009-0280, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Enforcement and
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC 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 Reading
Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and
Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Annual Public Water System Compliance Report
(Reinstatement).
    ICR numbers: EPA ICR No. 1812.04, OMB Control No. 2020-0020.
    ICR Status: This is a request to reinstate an ICR that expired on
June 30, 2008. An Agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information, unless it
displays a currently valid OMB control number. The OMB control numbers
for EPA's regulations in title 40 of the CFR, after appearing in the
Federal Register when approved, are listed in 40 CFR part 9, are
displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 1414 (c)(3)(A) of the Safe Drinking Water Act
requires that each state (a term that includes states, commonwealths
and territories) that has primary enforcement authority under the Act
shall prepare, make readily available to the public, and submit to the
Administrator of EPA, an annual report of violations of national
primary drinking water regulations in the state. These Annual State
Public Water System Compliance Reports are to include violations of
maximum contaminant levels, treatment requirements, variances and
exemptions, and monitoring requirements determined to be significant by
the Administrator after consultation with the states. To minimize a
state's burden in preparing its annual statutorily-required report, EPA
issued guidance that explains what Section 1414(c)(3)(A) requires and
provides model language and reporting templates. EPA also annually
makes available to the states a computer query that generates for each
state (from information states are already separately required to
submit to EPA's national database on a quarterly basis) the required
violations information in a table consistent with the reporting
template in EPA's guidance.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 80
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: State, local and/or Tribal
Governments
    Estimated Number of Respondents: 55.
    Frequency of Response: Yearly.
    Estimated Total Annual Hour Burden: 4,400.
    Estimated Total Annual Cost: $232,303, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is a decrease of 80 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is due to miscalculating the number
of states required to submit reports. Wyoming was counted in the
previous ICR as a respondent although it doesn't have primacy for the
drinking water program and the US EPA submits its annual report. The
number of respondents should be fifty-five entities (49 states, 5
territories and one tribe). The change is an adjustment to the
estimates

    Dated: August 18, 2010.
Joseph A. Sierra,
Acting Director, Collection Strategies Division.
[FR Doc. 2010-20994 Filed 8-23-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Proposed Rules]
[Page 12466-12468]
[DOCID:fr16mr10-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0260; Directorate Identifier 2010-CE-015-AD]
RIN 2120-AA64

Airworthiness Directives; GROB-WERKE (Type Certificate Previously
Held by BURKHART GROB Luft- und Raumfahrt) Models G115C, G115D and
G115D2 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: The manufacturer has received a report of a failed canopy
jettison test, during a regular maintenance check. The investigation
revealed that a cable shroud of the jettison system protruded the
canopy structure, which probably caused the malfunction. Inability to
jettison the canopy in flight would prevent evacuation of the aeroplane
in case of need.
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 30, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0260;
Directorate Identifier 2010-CE-015-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2009-0279, dated December 23, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    The manufacturer has received a report of a failed canopy
jettison test, during a regular maintenance check. The investigation
revealed that a cable shroud of the jettison system protruded the
canopy structure, which probably caused the malfunction. Inability
to jettison the canopy in flight would prevent evacuation of the
aeroplane in case of need.
    For the reason stated above, this AD mandates an additional one
time canopy jettison test and repair if necessary.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Grob Aircraft AG has issued Service Bulletin No. MSB1078-164, dated
July 21, 2009. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in

general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 3 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $510 or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $68, for a cost of
$323 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

GROB-WERKE (Type Certificate Previously Held by BURKHART GROB Luft-
und Raumfahrt): Docket No. FAA-2010-0260; Directorate Identifier
2010-CE-015-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models G115C, G115D, and G115D2
airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    The manufacturer has received a report of a failed canopy
jettison test, during a regular maintenance check. The investigation
revealed that a cable shroud of the jettison system protruded the
canopy structure, which probably caused the malfunction. Inability
to jettison the canopy in flight would prevent evacuation of the
aeroplane in case of need.

    For the reason stated above, this AD mandates an additional one-
time canopy jettison test and repair if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions in accordance
with Grob Aircraft AG Service Bulletin No. MSB1078-164, dated July
21, 2009:
    (1) Before the next aerobatic flight after the effective date of
this AD, do a canopy jettison test.
    (2) If the canopy jettison fails the test required in paragraph
(f)(1) of this AD, before further aerobatic flight:
    (i) Contact Grob Aircraft AG, Customer Service, 86874
Tussenhausen-Mattsies, Germany, telephone: + 49 (0) 8268-998-105;
fax: + 49 (0) 8268-998-200; e-mail: productsupport@grob-
aircraft.com, for an FAA-approved repair scheme and incorporate the
repair scheme; or
    (ii) Replace the canopy handle.
    (3) Within 7 days after doing the canopy jettison test required
in paragraph (f)(1) of this AD or within 7 days after the effective
date of this AD, whichever occurs later, submit a report of the test
results using Appendix 1 of Grob Aircraft AG Service Bulletin No.
MSB1078-164, dated July 21, 2009, to Grob Aircraft AG at the address
specified in paragraph (f)(2)(i) of this AD.

FAA AD Differences

    NOTE: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2009-0279, dated December 23, 2009; and Grob Aircraft AG Service
Bulletin No. MSB1078-164, dated July 21, 2009, for related
information.

    Issued in Kansas City, Missouri, on March 8, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5627 Filed 3-15-10; 8:45 am]
BILLING CODE 4910-13-P