March 3~, 2003 Regular Mail The Honorable Stephen L. Johnson Assistant Administrator United States Environmental Protection Agency Office ofPrevention, Pesticides and Toxic Substances 1200 Pennsylvania Avenue N. W. ( Room 7101M) Washington, DC 20460 Dear Mr. Johnson:

This letter reaffirms the commitment ofthe companies identified below to assist the Environmental Protection Agency ( EPA) in its investigation of pcrfluorooctanoie acid( PEOA) and ammonium perfluorooctanoate ( APFO). 1 1) APFO Users: Asahi Glass Fluoropolymers USA, Inc., Daikin America, inc.. Dyneon, LLC, and El. du Pont de Nemours and Company. These companies use AFFO as a polymerization aid to manufacture fluoropolymers and fluoroelastorners. DuPont aso manufactures APFO in the United States for use in Iluoropolymer manufacturing.

2) Telomer Companies: AGA Chemicals, Inc.. Clariant GmbH, Daikin America, Inc., and E. I. du Pont de Nemours and Company. These companies produce or import fluorotelomerbased products, which are used as fluorosurfactants and surfacc protection chemicals.

3) The 3M Company, the former U. S. manufacturer of AFFO.

All signatories share and support the goals ofsafeguarding human health and the environment. By means ofthis letter and separate Letters ofIntent, the signatories affirm their commitment to work on a comprehensive program to develop additional data on potentiaflicalth or environmental effects of PFOA, to better characterize exposure pathways, to reduce or prevent such exposure, and to examine and, as necessary, strengthen product stewardship and ristc communication practices.

While the APFO Users utilize APFO as a polymerization aid to manufacture cen~ ntluoropolymcrs and fluoroelastomers, PFOA is the substance that has been found in some, but not all, the environmental and blood samples that have been tested. PFOA is also the chemical that has usually been tested in animal studies, because APFO dissociates in water into PFOA and ammonia. EPAhas assigned Docket Number AR. 226 for all submissions on periluorinated substances. AR226 also contains documents pertaining to other periluorinated chemical substances. The APFO Users believe that the matters concerning APFO are different from those associated with the other chemicai substances included in EPA Docket Number AR226. Mr. Stephen L. Johnson March 31, 2003 Page2 of 10 The APFO Users are committed to reducing emissions of APFO from fluoropolymer manufacturing facilitics. The APFO Users have committed to developing information to support a better understanding ofexposure to APFO through conducting studies on finished resins and finished products, and on emissions and discharges from fluoropolymer processing facilities. They are also committed to further studies ofthe toxicology of APFO. Through the Society of the Plastics Industry ( SPI), the APFO Users will submit information on work with EPA as this process moves forward. SPI is signing this agreement only to signify its willingness to act as a facilitator and conduit for information and communications between EPA and the fluoropolymer manufacturers and other members ofthe fluoropolymer industry, including fluoropolymer processors. Its participation is not an indication that SPI has any obligations addressed by separate agreements or Letters of Intent submitted by the APFO Users, the Telomer Companies, or 3M.

The Telomer Companies do not use PFOA or APFO in their manufacturing processes. These companies have committed to investigating whether and how telomer products can transform or break down into PFOA, and if so, to support a better understanding of those processes.

The 3M Company has I) provided a summary ofprevious activity taken by the company including the phase out ofthe production for sale of PFOA at the end of 2002, and 2) committed to a plan to continue a monitoring program for its former manufacturing sites.

The APFO Users, the Telomer Companies and 3M will each keep the EPA apprised of progress in conducting the research under their respective Letters of Intent. They will provide status reports to EPA and individually share the results from all studies, surveys or other investigations, as specified in the Letters ofIntent.

The signatories of this letter appreciate the opportunity to work with EPA on this matter and agree that close coordination of our efforts and sharing ofinformation is important. Accorthngly, we will continue to communicate with EPA as information becomes available.

Respectfully Submitted,

APFO Users Telomcr Companies The 3M Company Mr. Stephen L. Johnson March 31, 2003 Page 3 of 10 Name ,~ l'A')'/) ~ Title: V/~~ s,~ Jr The 3M Company Mr. Stephen L. Johnson March31, 2003 Page 4 of 10 Title: ç~ Cc~~~ Q AGA Chemicals, lnc aine 6~ 2~ c~ Mr. Stephen I ~. Johnson March 31, 2003 ~ ag~. 5 oE 10 Charh~ sU. Allen PiesI den I. Asahi (` ilass . t" tuoropolyme. rs USA, Inc. Mr. Stephen L. Johnson March 31, 2003 Page 6 of 10 // 2 b. ~ H Name .   ~

Title: . Uc~~ flc~ L~ cL. xj rc~_ Lc~~ ClariantGmbH tie . c,~ cL~ c~ ~ Q( 77 2. e;~ AQr'c?/ ICi!/ Lj Mr. Stephen L. Johnson March 31,2003 Page 7 of 10 7 ~

Name T4~ 4F~ 1~ O ~ A~ A, kJCc, f~ Title: Daikin America, Inc. Mr. Stephen L. Johnson March31, 2003 PageS of 10 Naii~ arnesE~~ Titi resident Dyneon LLC Mr. StepJien L.. Johnsoi~ i~ b31, 2003 Page 9 of 10 Name Rie~~ dJ. 4ullo Tit1e~ vi6e President 6~ Gene~ a1I~ 1anage~ E. L thi. Pop~ d~ Nemours and Company Mr. Stephen L. Johnson March 31, 2003 Page 10 of 10 Name P. ti DVPQc4#) Title: Pp'e ctc3 4J   The Society of the Plastics Industry, Inc.


[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Page 5657]
[FR Doc No: 2020-01578]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10003-51-OMS]

 Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's approval of the State of Iowa's
request to revise/modify certain of its EPA-authorized programs to
allow electronic reporting.

DATES: EPA approves the authorized program revisions/modifications as
of January 31, 2020.

FOR FURTHER INFORMATION CONTACT: Shirley M. Miller, U.S. Environmental
Protection Agency, Office of Mission Support, Office of Information
Management, Mail Stop 2824T, 1200 Pennsylvania Avenue NW, Washington,
DC 20460,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On November 1, 2019, the Iowa Department of Natural Resources (IA
DNR) submitted an application titled Iowa EASY Air (Environmental
Application SYstem for Air) for revisions/modifications to its EPA-
approved programs under title 40 CFR to allow new electronic reporting.
EPA reviewed IA DNR's request to revise/modify its EPA-authorized
programs and, based on this review, EPA determined that the application
met the standards for approval of authorized program revisions/
modifications set out in 40 CFR part 3, subpart D. In accordance with
40 CFR 3.1000(d), this notice of EPA's decision to approve Iowa's
request to revise/modify its following EPA-authorized programs to allow
electronic reporting under 40 CFR parts 60, 61, 62, 63, 64, 65, and 70
is being published in the Federal Register:

Part 60: Standards of Performance for New Stationary Sources (NSPS/CAR/
Clean Air Act Title III) Reporting under CFR 60 & 65
Part 62: Approval and Promulgation of State Plans for Designated
Facilities and Pollutants (NSPS/Clean Air Act Title III--Hospital/
Medical) Reporting under CFR 62
Part 63: National Emission Standards for Hazardous Air Pollutants for
Source Categories (NESHAP MACT/Clean Air Act Title III) Reporting under
CFR 61, 63 & 65
Part 70: State Operating Permit Programs (Clean Air Act Title V)
Reporting under CFR 64 & 70

    IA DNR was notified of EPA's determination to approve its
application with respect to the authorized programs listed above.

    Dated: December 12, 2019.
Maja Lee,
Acting Director, Office of Information Management.
[FR Doc. 2020-01578 Filed 1-30-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Page 29131]
[FR Doc No: 2013-11808]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1440-000]

Electricity MASS, LLC; Supplemental Notice that Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Electricity MASS, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is May 30, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 10, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-11808 Filed 5-16-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Proposed Rules]
[Page 21278-21281]
[DOCID:fr07my09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0429; Directorate Identifier 2007-NM-059-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-300 and 737-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 737-300 and 737-400 series airplanes. This
proposed AD would require repetitive inspections to detect cracking of
the aft fuselage skin, and related investigative/corrective actions if
necessary. This proposed AD results from reports of cracks in the aft
fuselage skin on both sides of the airplane. We are proposing this AD
to detect and correct cracking in the aft fuselage skin along the
longitudinal edges of the bonded skin doubler, which could result in
reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by June 22, 2009.

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.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER> or 425-227-
1152.

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: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6447; 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-2009-0429;
Directorate Identifier 2007-NM-059-AD'' at the beginning of

your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this
proposed AD. We will consider all comments received by the closing date
and may amend this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received 159 reports of cracks in the fuselage skin aft of
the wing on 68 Model 737-300 series airplanes with between 16,400 and
48,000 total flight cycles. Of those cracks, 120 were found between
body station (BS) 727D and BS 747 and between stringers 14 and 25, on
both sides of the airplanes. One crack was found above stringer 25
right (R) at BS 913. Several of the cracks occurred in multiple
adjacent bays. The remaining cracks were scattered between BS 727 and
BS 1016.
    A total of 29 cracks have been reported on 29 Model 737-400 series
airplanes with between 22,500 and 44,600 total flight cycles. The
cracks on these airplanes were found on both the left and right sides
of the airplanes between BS 727 and BS 947 in the skin panels between
stringers 20 and 25. The cracks ranged in length between 0.25 and 5.5
inches. One operator reported a crack on an airplane with 22,500 total
flight cycles. The crack was in the skin panel assembly just above
stringer 25R between BS 727+10 and BS 727, and between stringers 23R
and 24R.
    On the existing skin panel assembly, the doubler is bonded to the
skin. At these skin panel locations on the airplane, the in-service
loads cause a condition that allows cracks to occur along the
longitudinal edges of the skin where it bonded to the doubler.
Cracking, if not corrected, could result in reduced structural
integrity of the airplane.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006 (for Model 737-300 series airplanes); and
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007 (for
Model 737-400 series airplanes). The service bulletins describe
procedures for repetitive inspections to detect cracking of the aft
fuselage skin; and related investigative and corrective actions, if
necessary.
    For Model 737-300 series airplanes, in areas without modification
stiffeners installed previously, and for Model 737-400 series
airplanes, the inspection technique to be used depends on the
inspection zone. The inspection techniques include: External detailed
and external subsurface eddy current; external general visual (in areas
not covered by fairings); external detailed or subsurface eddy current
(in areas covered by fairings); or external detailed, and either
external subsurface eddy current or magneto optical imaging.
    For Model 737-300 series airplanes, in areas with modification
stiffeners installed previously, the inspections include: External
general visual inspections of the surface of the skin panels for
evidence of loose fasteners or skin cracking; and a one-time subsurface
eddy current inspection for evidence of loose fasteners or skin cracks.
    For all airplanes, related investigative and corrective actions
include the following: Internal general visual and high frequency eddy
current inspections for disbonding and cracking of the bonded doubler;
repair or replacement of the skin panel; an internal inspection of the
chem-milled step in the skin area covered by the doubler; replacement
of the skin panel and splice plate between body stations (BS) 727 and
907 and between Stringers 20 and 25; and sending any positive
inspection results to Boeing.
    In addition, the service bulletins describe procedures for doing a
time-limited repair, including a detailed inspection for cracking of
the fuselage skin, and installing a repair doubler; repeating
inspections of repaired areas; repairing any cracking; making the
repairs permanent within a specified compliance time; and replacing any
loose fasteners.
    The service bulletins also specify that repeat inspections are
terminated in areas where the skin panel replacement had been done, and
in repaired areas that meet the requirements specified in Table 1 of
paragraph 1.E. of the service bulletins.
    The compliance times specified in the service bulletins are
identified in the tables below.

                                  Table--Compliance Times for Unmodified Areas
----------------------------------------------------------------------------------------------------------------
                Action                    Inspection zone 1        Inspection zone 2        Inspection zone 3
----------------------------------------------------------------------------------------------------------------
Zone and initial inspections.........    Before accumulating 22,000 total flight cycles, or within 4,500 flight
                                           cycles after the release date of the service bulletin, whichever is
                                                                         later.
----------------------------------------------------------------------------------------------------------------
Repetitive inspections...............  Option 1: Intervals not  Intervals not to exceed  Option 1: Intervals not
                                        to exceed 3,700 flight   4,500 flight cycles      to exceed 3,700 flight
                                        cycles after the         after the previous       cycles after the
                                        previous inspection;     inspection.              previous inspection;
                                        or                                                or
                                       Option 2: Intervals not  .......................  Option 2: Intervals not
                                        to exceed 2,100 flight                            to exceed 2,100 flight
                                        cycles after the                                  cycles after the
                                        previous inspection.                              previous inspection.
----------------------------------------------------------------------------------------------------------------

               Table--Compliance Times for Modified Areas
------------------------------------------------------------------------
                Action                   Compliance times for all zones
------------------------------------------------------------------------
Zone and initial inspections.........  Before accumulating 22,000 total
                                        flight cycles or within 4,500
                                        flight cycles after the release
                                        date of the service bulletin,
                                        whichever is later.
Repetitive inspections...............  Intervals not to exceed 4,500
                                        flight cycles after the previous
                                        inspection.
Terminating action...................  Not before 20,000 flight cycles
                                        following modification (Figure 5
                                        of Boeing Service Bulletin 737-
                                        53-1168, Revision 3).
------------------------------------------------------------------------

Table--Follow-on Actions and Compliance Times if the Time-Limited Repair
                                 Is Done
------------------------------------------------------------------------
 If you do the time-limited repair, you
                 must--                     At this compliance time--
------------------------------------------------------------------------
Do a detailed inspection of the          At intervals not to exceed
 fastener.                                3,000 flight cycles following
                                          the repair.
Replace a blind fastener with a solid    Before the repair has reached
 fastener.                                10,000 total flight cycles.
Do an internal inspection of the tear    Within 4,500 flight cycles
 strap for disbonding and cracks.         following the repair.
------------------------------------------------------------------------

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Differences Between the Proposed AD and Service
Information.''

Differences Between the Proposed AD and Service Information

    The service bulletins specify to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.
    Although the service bulletins referenced in this proposed AD
specify to submit information to the manufacturer, this proposed AD
does not include such a requirement.

Costs of Compliance

    We estimate that this proposed AD would affect 516 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. The average labor rate
is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                                U.S.-
             Action                  Work hours       Parts    Cost per product    registered      Fleet cost
                                                                                airplanes
----------------------------------------------------------------------------------------------------------------
Inspection to determine          1.................       $0  $80...............          516  $41,280.
 inspection zones.
Repetitive inspections--Option   64................        0  $5,120, per                 516  Up to $2,641,920.
 1.                                                            inspection cycle.
Repetitive inspections--Option   62................        0  $4,960, per                 516  Up to $2,559,360.
 2.                                                            inspection cycle.
Internal inspection............  5, per inspection         0  $1,200............          516  $619,200.
                                  zone (3 zones).
----------------------------------------------------------------------------------------------------------------

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.
    You can find our regulatory evaluation and the estimated costs of
compliance 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:

Boeing: Docket No. FAA-2009-0429; Directorate Identifier 2007-NM-
059-AD.

Comments Due Date

    (a) We must receive comments by June 22, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certified in any category.
    (1) Boeing Model 737-300 series airplanes as identified in
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006.
    (2) Boeing Model 737-400 series airplanes as identified in
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of cracks in the aft fuselage
skin on both sides of the airplane. We are issuing this AD to detect
and correct cracking in the aft fuselage skin along the longitudinal
edges of the bonded skin doubler, which could result in reduced
structural integrity of the airplane.

Compliance

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

Inspections, Related Investigative and Corrective Actions

    (g) At the applicable times specified in Tables 1 and 2 of
paragraph 1.E. ``Compliance,'' of Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series
airplanes); or Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007 (for Model 737-400 series airplanes); except as
provided by paragraph (k) of this AD: Do the applicable inspections
and related investigative actions to detect cracks in the aft
fuselage skin panels, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1168, Revision 3, dated November 28, 2006; or Boeing
Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007; as
applicable, including Note (f) of Table 1 of paragraph 1.E. And, do
the applicable corrective actions specified in the Accomplishment
Instructions of Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006; or Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007; as applicable; except as provided by
paragraphs (h), (i), and (l) of this AD. Repeat the applicable
inspections and related investigative actions thereafter at the
applicable intervals specified in Tables 1 and 2 of paragraph 1.E.
of Boeing Service Bulletin 737-53-1168, Revision 3, dated November
28, 2006; or Boeing Service Bulletin 737-53-1187, Revision 2, dated
May 9, 2007; as applicable.
    (h) If any crack is found during any inspection or corrective
action required by this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1168, Revision 3, dated November 28, 2006 (for Model
737-300 series airplanes); or Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007 (for Model 737-400 series airplanes);
except, where Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006; or Boeing Service Bulletin 737-53-1187, Revision
2, dated May 9, 2007; as applicable; specifies to contact Boeing,
before further flight, repair according to a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.
    (i) If any cracking of a repaired area is found during any
inspection required by this AD, and Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series
airplanes); or Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007 (for Model 737-400 series airplanes); specifies
contacting Boeing for appropriate action: Before further flight,
repair the cracking using a method approved in accordance with the
procedures specified in paragraph (m) of this AD.

Optional Terminating Action

    (j) Doing the skin panel replacement in accordance with Part 3
of the Accomplishment Instructions of Boeing Service Bulletin 737-
53-1168, Revision 3, dated November 28, 2006 (for Model 737-300
series airplanes); or Part III of the Accomplishment Instructions of
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007
(for Model 737-400 series airplanes); terminates the inspection
requirements of paragraph (g) of this AD for that skin panel only.

Exception to Service Bulletin

    (k) Where Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006 (for Model 737-300 series airplanes); or Boeing
Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007 (for
Model 737-400 series airplanes); specifies compliance times after
the release date of those service bulletins, this AD requires that
the specified actions be done within the specified compliance times
after the effective date of this AD.

No Reporting Required

    (l) Although Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006 (for Model 737-300 series airplanes); and
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007
(for Model 737-400 series airplanes); specify to submit information
to the manufacturer, this AD does not include such a requirement.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6447; fax<PHONE_NUMBER>. Or, e-mail information to 9-ANM-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.

    Issued in Renton, Washington, on May 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-10612 Filed 5-6-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 2, 2010 (Volume 75, Number 211)]
[Rules and Regulations]
[Page 67216-67220]
[DOCID:fr02no10-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2010-0693]
RIN 1625-AA11

Regulated Navigation Area; Greenville Bridge Demolition, Lower
Mississippi River Mile 531.3, AR, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

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

SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) for all waters of the Lower Mississippi River beginning at mile
528 and ending at mile 535 extending the entire width of the waterway
in Arkansas and Mississippi. Vessels will not be permitted to be in
this area at certain times during the demolition of the Greenville
Bridge, Lower Mississippi River Mile 531.3. Additionally, vessels will
not be allowed to meet or pass in the RNA and must proceed at a minimum
safe speed. This RNA is needed to protect personnel and vessels from
the potential safety hazards during the demolition of the Greenville
Bridge, Lower Mississippi River Mile 531.3.

DATES: This rule is effective in the CFR from November 2, 2010 through
November 1, 2012. This rule is enforceable with actual notice for the
purposes of enforcement from October 22, 2010 through November 1, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0693 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section below for instructions on submitting comments.
    Documents indicated in this preamble as being available in the
docket are part of docket USCG-2010-0693 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0693 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary

rule, call or e-mail Chief Warrant Officer David Bear, Sector Lower
Mississippi River Waterways Management Branch, Coast Guard; telephone
866-777-2784, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0693), 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 (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0693'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-XXXX-XXXX'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

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

Regulatory Information

    The Coast Guard is issuing this temporary interim 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 it would
be impracticable and contrary to the public interest due to the amount
of notification received by the Coast Guard and the contractually
imposed demolition timeline. The new Greenville Bridge was completed
and opened to traffic July 28, 2010 about a year behind schedule. The
Coast Guard received notice of the demolition plan and required
timeline for the old bridge in late July 2010 and promptly completed
its required review and approval of the plan by mid August 2010,
leaving insufficient time to complete the NPRM process before the
initial demolition start date. Delaying or rescheduling the demolition
is impracticable because the Mississippi Department of Transportation
contract requires complete removal by early June 2011 and the delayed
new bridge completion has already caused demolition delays. Therefore,
sufficient time to publish a NPRM is not available and immediate action
is needed to protect the personnel, vessels and mariners associated
with and/or present during the demolition process.
    Under 5 U.S.C. 553(d)(3), based on the contractually imposed
timeline and the notification received by the Coast Guard good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The demolition timeline presented
to the USCG requires immediate action and a delayed effective date
would be contrary to the public interest. Delaying or rescheduling the
demolition to provide 30 days notice also is impracticable because the
Mississippi Department of Transportation contract requires complete
removal by early June 2011 and the delayed new bridge completion has
already caused demolition delays. By making the rule effective
immediately upon publication and enforceable with actual notice upon
signature the required demolition of the old bridge structure can
continue under the applicable contract and the personnel, vessels, and
mariners associated with and/or present during demolition will be
protected. We will accept public comments on this temporary interim
rule and, if they indicate a need for modification of the rule, we will
take further regulatory action.

Background and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority
to establish regulated navigation areas, under 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1. A RNA is a water
area within a defined boundary for which regulations for vessels
navigating within the area have been established, to control vessel
traffic in a place determined to have hazardous conditions. 33 CFR
165.10; U.S.C.G.

Commandant Instruction Manual M16704.3A, 1-6.
    The purpose of this rule is to establish a RNA for all waters of
the Lower Mississippi River beginning at mile 528 and ending at mile
535 extending the entire width of the waterway, to protect personnel
and vessels, both transiting the waterway and conducting the work, from
the potential safety hazards involved in the demolition of the
Greenville Bridge, Lower Mississippi River Mile 531.3. Vessels will not
be permitted to be in this area during certain phases of the demolition
of the Greenville Bridge, Lower Mississippi River Mile 531.3. Due to
the demolition, the waterway will have to be closed or partially
restricted to traffic at certain times depending on how the demolition
is proceeding.
    The RNA will allow for the safe and orderly movements in and
through the demolition area.

Discussion of Rule

    During enforcement periods under this rule, all vessels are
required to transit the RNA at the minimum safe speed and may be
prohibited from transiting all waters of the Lower Mississippi River
beginning at mile 528 and ending at mile 535 extending the entire width
of the waterway. Enforcement periods include, but are not limited to:
    (1) Any time structural parts of the bridge are being removed,
dismantled or demolished, where a reasonable risk to passing vessels or
personnel exists.
    (2) Any time passing vessels pose a danger to the personnel and
vessels conducting the demolition work.
    (3) During the setting and use of explosives to demolish the bridge
support piers.
    (4) During the lowering of the middle 420 feet of main span to
barges for transport to the Arkansas shore for dismantling. This will
take approximately 24 hours and is currently scheduled for mid-November
depending on how preparation work progresses.
    Minimum safe speed will be required of all vessels transiting the
area when lifting, positioning or surveying work is being conducted.
    All vessels transiting the area must:
    (1) Announce their intentions of entering the RNA;
    (2) Avoid meeting or passing another vessel in the RNA;
    (3) Not anchor, stop, remain or drift without power at anytime in
the RNA; and
    (4) Continually monitor VHF-FM channel 13 on their radio-telephone
while operating in, near or approaching the RNA.
    The RNA will remain in effect through November 1, 2012. Currently
there is only one scheduled closure of the water way for a 24 hour
period during the removal of the main span. And, for any closure that
will last longer than 4 hours notice will be given a minimum of 7 days
before the scheduled closure, unless an emergent situation exists. All
other closures should be less than 2 hours, and only when necessary.
Notice for closure lasting over 2 hours but less than 4 hours will be
given at least 72 hours before the closure.

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. This rule is temporary and limited in
nature regulating only during the actual demolition of the Greenville
Bridge, Lower Mississippi River, Mile 531.3, creating no undue delay to
vessel traffic in the area.

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. This rule will affect the following entities, some which may
be small entities: owners or operators or vessels intending to transit
the Lower Mississippi River from mile 528 to mile 535 during the
demolition periods. This rule will not have a significant economic
impact on those entities or a substantial number of any small entities
for the following reasons. This rule will only be in effect through
November 1, 2012. The Coast Guard will issue maritime advisories widely
available to the users of the river at least 72 hours before to the
closure of the waterway for any extended period (2 hours or more).
Vessels will be able to transit the waterway during the vast majority
of the demolition period.

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 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(32)(a), of the Instruction. This rule involves the final stages of a
bridge replacement on essentially the same alignment or location. The
new structure has been completed and opened to the public. This RNA is
being established to help facilitate the safe removal of the old
structure. Under figure 2-1, paragraph (32)(a), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. A new temporary Sec.  165.T10-0693 is added to read as follows:

Sec.  165.T10-0693  Regulated Navigation Area; Greenville Bridge
Demolition, Lower Mississippi River, Mile 531.3.

    (a) Regulated Navigation Area. The following is a regulated
navigation area (RNA): All waters of the Lower Mississippi River
beginning at mile 528 and ending at mile 535 extending the entire width
of the waterway.
    (b) Applicability. This section applies to all vessels and craft
operating on the waters of the Mississippi in or near the RNA or
approaching the RNA with intentions of transiting the RNA.
    (c) Effective Dates. This rule is effective in the CFR from
November 2, 2010 through November 1, 2012. This rule is effective with
actual notice for purposes of enforcement from October 22, 2010 through
November 1, 2012.
    (d) Definitions. As used in this section:
    COTP means Captain of the Port, Lower Mississippi River;
    Closure means any time this RNA is enforced and normal traffic is
halted from proceeding in or through the RNA due to operations that
could pose potential safety hazards involved in the demolition of the
Greenville Bridge;
    Demolition means the removal, staging or preparation thereof, of
any part of the old Greenville Bridge, Lower Mississippi River, Mile
531.3;
    Designated representative includes any commissioned, warrant, or
petty officer of the U.S. Coast Guard designated by the COTP Lower
Mississippi to authorize entry into the RNA;
    Downbound means the vessel is traveling with the current;
    Site representative means the person so designated by the
demolition contractor (Granite Construction Company) or the bridge
owner (Mississippi Department of Transportation) whose responsibility
it is to inform vessels in the vicinity of the demolition work of any
possible hazards or encroachments to the waterway;
    Upbound means the vessel is traveling against the current; and
    Vessel or craft means any waterborne manmade object designed to
convey people or goods.
    (e) Regulations. During closure, in accordance with the general
regulations in Sec.  165.23 of this part:
    (1) Entry into this zone by vessels or mariners is prohibited
unless authorized by the COTP Lower Mississippi River or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at<PHONE_NUMBER>;
    (2) All persons and vessels shall comply with the instructions of
the COTP Lower Mississippi River and designated representatives;
    (3) Minimum safe speed will be required of all vessels transiting
the RNA;
    (4) Vessels shall not meet or pass in the RNA;

    (5) No vessel shall anchor, stop, remain or drift without power at
any time in the RNA;
    (6) All vessels shall continually monitor VHF-FM channel 13 on
their radio-telephone while operating in, near, or approaching the RNA;
    (7) Before entering the RNA, downbound vessels shall make a
broadcast in the blind on VHF-FM channel 13 announcing their estimated
time of arrival at the upriver start of the RNA at mile 535 to ensure
that there are no upbound vessels within the RNA and in sufficient time
that:
    (i) If there are vessels in the RNA the downbound vessel shall
adjust its speed so as to avoid a meeting situation in the RNA.
    (ii) If the RNA is temporarily closed to vessel traffic the
downbound vessel can take all way off and hold station or push in
upriver of mile 535.
    (iii) The site representative can pass any pertinent information
that would aid the vessel in the safe transit of the demolition site.
If the Commander, Eighth Coast Guard District determines that hazardous
conditions exist, a towboat (tug) shall be provided by the contractor
or bridge owner to assist vessels through the bridge on demand; and
    (8) Before entering the RNA, upbound vessels shall make a broadcast
in the blind on VHF-FM channel 13 announcing their estimated time of
arrival at the downriver start of the RNA at mile 528 to ensure that
there are no downbound vessels within the RNA and in sufficient time
that:
    (i) If there are vessels in the RNA the upbound vessel shall adjust
its speed so as to avoid a meeting situation in the RNA.
    (ii) If the RNA is temporarily closed to vessel traffic the upbound
vessel can take all way off and hold station or push in downriver of
mile 528.
    (iii) The site representative can pass any pertinent information
that would aid the vessel in the safe transit of the demolition site.
If the Commander, Eighth Coast Guard District determines that hazardous
conditions exist, a towboat (tug) shall be provided by the contractor
or bridge owner to assist vessels through the bridge on demand.
    (f) Informational Broadcasts. The Captain of the Port, Lower
Mississippi River will inform the public as soon as practical when
closures are expected via Broadcast Notice to Mariners. Notice for any
closure that will last longer than 4 hours will be given a minimum of 7
days before the scheduled closure, unless an emergent situation exists.
Notice for any closure that will last longer than 2 hours but less than
4 hours will be given at least 72 hours before the closure. Broadcast
Notice to Mariners will be broadcast every two hours while the RNA is
closed to traffic. Additionally, a schedule of known closures will be
published in the Eighth District Local Notice to Mariners and at http:/
/homeport.uscg.mil. Select ``LOWER MISSISSIPPI RIVER (MEMPHIS)'' under
the Port Directory tab. The schedule will appear under the Notice to
Mariners subcategory.

    Dated: October 22, 2010.
Peter Troedsson,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 2010-27587 Filed 11-1-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 1, 2008 (Volume 73, Number 85)]
[Rules and Regulations]
[Page 23946-23947]
[DOCID:fr01my08-4]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 381

[Docket No. RM08-9-000]

Annual Update of Filing Fees

April 24, 2008.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule; annual update of Commission filing fees.

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SUMMARY: In accordance with 18 CFR 381.104, the Commission issues this
update of its filing fees. This notice provides the yearly update using
data in the Commission's Management, Administrative, and Payroll System
to calculate the new fees. The purpose of updating is to adjust the
fees on the basis of the Commission's costs for Fiscal Year 2007.

DATES: Effective Date: June 2, 2008.

FOR FURTHER INFORMATION CONTACT: Elizabeth Hensley, Office of the
Executive Director, Federal Energy Regulatory Commission, 888 First
Street, NE., Room 4R-03, Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Document Availability: In addition to publishing the full text of
this document in the Federal Register, the Commission provides all
interested persons an opportunity to view and/or print the contents of
this document via the Internet through FERC's Home Page (http://
www.ferc.gov) and in FERC's Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street,
NE., Room 2A, Washington DC 20426.
    From FERC's Web site on the Internet, this information is available
in the eLibrary (formerly FERRIS). The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field

and follow other directions on the search page.
    User assistance is available for eLibrary and other aspects of
FERC's Web site during normal business hours. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at (866)
208-3676, or for TTY, contact<PHONE_NUMBER>.
    The Federal Energy Regulatory Commission (Commission) is issuing
this notice to update filing fees that the Commission assesses for
specific services and benefits provided to identifiable beneficiaries.
Pursuant to 18 CFR 381.104, the Commission is establishing updated fees
on the basis of the Commission's Fiscal Year 2007 costs. The adjusted
fees announced in this notice are effective June 2, 2008. The
Commission has determined, with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget, that this final rule is not a major rule within
the meaning of section 251 of Subtitle E of Small Business Regulatory
Enforcement Fairness Act, 5 U.S.C. 804(2). The Commission is submitting
this final rule to both houses of the United States Congress and to the
Comptroller General of the United States.
    The new fee schedule is as follows:

              Fees Applicable to the Natural Gas Policy Act

1. Petitions for rate approval pursuant to 18 CFR                $10,440
 284.123(b)(2). (18 CFR 381.403)............................

                  Fees Applicable to General Activities

1. Petition for issuance of a declaratory order (except           20,970
 under Part I of the Federal Power Act). (18 CFR 381.302(a))
2. Review of a Department of Energy remedial order:

                    Amount in controversy

    $0-9,999. (18 CFR 381.303(b))...........................         100
    $10,000-29,999. (18 CFR 381.303(b)).....................         600
    $30,000 or more. (18 CFR 381.303(a))....................      30,620
3. Review of a Department of Energy denial of adjustment:

                    Amount in controversy

    $0-9,999. (18 CFR 381.304(b))...........................         100
    $10,000-29,999. (18 CFR 381.304(b)).....................         600
    $30,000 or more. (18 CFR 381.304(a))....................      16,050
4. Written legal interpretations by the Office of General          6,010
 Counsel. (18 CFR 381.305(a))...............................

                Fees Applicable to Natural Gas Pipelines

1. Pipeline certificate applications pursuant to 18 CFR          * 1,000
 284.224. (18 CFR 381.207(b))...............................

        Fees Applicable to Cogenerators and Small Power Producers

1. Certification of qualifying status as a small power            18,030
 production facility. (18 CFR 381.505(a))...................
2. Certification of qualifying status as a cogeneration           20,410
 facility. (18 CFR 381.505(a))..............................

* This fee has not been changed.

List of Subjects in 18 CFR Part 381

    Electric power plants, Electric utilities, Natural gas, Reporting
and recordkeeping requirements.

Thomas R. Herlihy,
Executive Director.

0
In consideration of the foregoing, the Commission amends Part 381,
Chapter I, Title 18, Code of Federal Regulations, as set forth below.

PART 381--FEES

0
1. The authority citation for part 381 continues to read as follows:

    Authority: 15 U.S.C. 717-717w; 16 U.S.C. 791-828c, 2601-2645; 31
U.S.C. 9701; 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-
85.

Sec.  381.302  [Amended]

0
2. In 381.302, paragraph (a) is amended by removing ``$20,940'' and
adding ``$20,970'' in its place.

Sec.  381.303  [Amended]

0
3. In 381.303, paragraph (a) is amended by removing ``$30,560'' and
adding ``$30,620'' in its place.

Sec.  381.304  [Amended]

0
4. In 381.304, paragraph (a) is amended by removing ``$16,020'' and
adding ``$16,050'' in its place.

Sec.  381.305  [Amended]

0
5. In 381.305, paragraph (a) is amended by removing ``$6,000'' and
adding ``$6,010'' in its place.

Sec.  381.403  [Amended]

0
6. Section 381.403 is amended by removing ``$10,420'' and adding
``$10,440'' in its place.

Sec.  381.505  [Amended]

0
7. In 381.505, paragraph (a) is amended by removing ``$18,000'' and
adding ``$18,030'' in its place and by removing ``$20,380'' and adding
``$20,410'' in its place.

[FR Doc. E8-9548 Filed 4-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Page 34944]
[FR Doc No: 2017-15734]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9965-33-Region 9]

525 South Flower Street, Burbank, California; Notice of Proposed
CERCLA Administrative Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

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

SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as
amended (CERCLA), notice is hereby given of a proposed administrative
settlement with Jim Schnieders, in his capacity as Trustee of the Irma
King Trust, to resolve the trust's civil liability for response costs
related to the San Fernando Valley Area 2 Superfund Site (the Site).
EPA enters into the settlement pursuant to Section 122(h)(1) of CERCLA.
The settlement requires the Irma King Trust to pay $30,000 to resolve
its liability pursuant to Section 107(a) of CERCLA for past and future
response costs that EPA has incurred or will incur at the Site. The
settlement includes a covenant not to sue pursuant to Sections 106 or
107(a) of CERCLA. For thirty (30) days following the date of
publication of this Notice in the Federal Register, the Agency will
receive written comments relating to the settlement. The Agency will
consider all comments received and may modify or withdraw its consent
to the settlement if comments received disclose facts or considerations
that indicate the proposed settlement is inappropriate, improper, or
inadequate. The Agency's response to any comments received will be
available for public inspection at 75 Hawthorne Street, San Francisco,
CA 94105.

DATES: Pursuant to Section 122(i) of CERCLA, EPA will receive written
comments relating to this proposed settlement for thirty (30) days
following the date of publication of this Notice in the Federal
Register.

ADDRESSES: The proposed settlement is available for public inspection
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. A
copy of the proposed settlement may be obtained from Tessa Berman, EPA
Region IX, 75 Hawthorne Street, ORC-3, San Francisco, CA 94105,
telephone number<PHONE_NUMBER>. Comments should reference 525 South
Flower Street, Burbank, California and should be addressed to Ms.
Berman at the above address.

FOR FURTHER INFORMATION CONTACT: Tessa Berman, Assistant Regional
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105; phone:<PHONE_NUMBER>; fax:
(417) 947-3570; email<EMAIL_ADDRESS>
    Dated: July 5, 2017.
Enrique Manzanilla,
Director, Superfund Division, U.S. EPA, Region IX.
[FR Doc. 2017-15734 Filed 7-26-17; 8:45 am]
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