[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39524-39527]
[DOCID:fr09jy10-32]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OPPT-2010-0549; FRL-9173-8]

Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied
Facilities; State of Oregon. Notice of Self-Certification Program
Authorization, Request for Public Comment, Opportunity for Public
Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; program authorization, request for comments and
opportunity for public hearing.

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SUMMARY: This notice announces that on May 3, 2010, the State of Oregon
was deemed authorized under section 404(a) of the Toxic Substances
Control Act (TSCA), 15 U.S.C. 2684(a), to administer and enforce
requirements for a renovation, repair and painting program in
accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a
lead-based paint pre-renovation education program in accordance with
section 406(b) of TSCA, 15 U.S.C. 2686(b). This notice also announces
that EPA is seeking comment during a 45-day public comment period, and
is providing an opportunity to request a public hearing within the
first 15 days of this comment period, on whether these Oregon programs
are at least as protective as the Federal programs and provide for
adequate enforcement. This notice also announces that the authorization
of the Oregon 402(c)(3) and 406(b) programs, which were deemed
authorized by regulation and statute on May 3, 2010, will continue
without further notice unless EPA, based on its own review and/or
comments received during the comment period, disapproves one or both of
these Oregon program applications on or before October 31, 2010.

DATES: Comments, identified by docket control number EPA-R10-OPPT-2010-
0549, must be received on or before August 23, 2010. In addition, a
public hearing request must be submitted on or before July 26, 2010.

ADDRESSES: Comments and requests for a public hearing may be submitted
by mail, electronically, or in person. Please follow the detailed
instructions for each method as provided in Section I of the
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is
important that you identify docket control number EPA-R10-OPPT-2010-
0549 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Barbara Ross, Technical Contact, OAWT,
Solid Waste & Toxics, AWT-128, United States Environmental Protection
Agency, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101, telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities
offering Lead Safe Renovation courses, and to firms and individuals
engaged in renovation and remodeling activities of pre-1978 housing and
child-occupied facilities in the State of Oregon. Individuals and firms
falling under the North American Industrial Classification System
(NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 53131,
e.g., General Building Contractors/Operative Builders, Renovation
Firms, Individual Contractors, and Special Trade Contractors like
Carpenters, Painters, Drywall workers and Plumbers, ``Home
Improvement'' Contractors, as well as Property Management Firms and
some Landlords are also affected by these rules. This listing is not
intended to be exhaustive, but rather provides a guide for readers
regarding entities likely to be affected by this action. Other types of
entities not listed here could also be affected. The NAICS codes have
been provided to assist you and others in determining whether this
action might apply to certain entities. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get additional information, including copies of this
document or other related documents?

    1. Electronically: You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document select ``Laws and Regulations,'' ``Regulations
and Proposed Rules,'' and then look up the entry for this document
under the ``Federal Register-Environmental Documents.'' You can also go
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
    2. In person: You may read this document, and certain other related
documents, by visiting the Oregon Public Health Division, 800 NE.
Oregon St., Suite 608, Portland, OR 97232, contact person, Richard
Leiker, Manager Lead Programs, telephone number:<PHONE_NUMBER>. You
may also read this document, and certain other related documents, by
visiting the United States Environmental Protection Agency (EPA),
Oregon Operations Office, 805 SW. Broadway, Suite 500, Portland, Oregon
97205. You should arrange your visit to the EPA office by contacting
the technical person listed under FOR FURTHER INFORMATION CONTACT.
Also, EPA has established an official record for this action under
docket control number EPA-R10-OPPT-2010-0549. The official record
consists of the documents specifically referenced in this action, this
notice, the State of Oregon 402(c)(3) and 406(b) program authorization
applications, any public comments received during an applicable comment
period, and other information related to this action.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is important that
you identify docket control number EPA-R10-OPPT-2010-0549 in the
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. By mail: Submit your comments and hearing requests to: Barbara
Ross, Technical Contact, OAWT, Solid Waste & Toxics, AWT-128, U.S.
Environmental Protection Agency, 1200 Sixth Avenue, Suite 900, Seattle,
WA 98101.
    3. By person or courier: Deliver your comments and hearing requests
to: United States Environmental Protection Agency (EPA), Oregon
Operations Office, 805 SW. Broadway, Suite 500, Portland, Oregon 97205
or U.S. Environmental Protection Agency, OAWT, Solid Waste & Toxics,
AWT-128, 1200 Sixth Avenue, Seattle, WA 98101. The Regional offices are
open from 8 a.m. to 5 p.m., Monday through Friday, excluding legal
holidays. The phone numbers for the offices are<PHONE_NUMBER> and
(206) 553-1985.
    4. Electronically: You may submit your comments and hearing
requests electronically by e-mail to<EMAIL_ADDRESS>or mail
your computer disk to the address identified above. Do not submit any
information electronically that you consider Confidential Business
Information (CBI). Electronic comments must be submitted as an ASCII
file avoiding the use of special characters and any form of encryption.
Comments and data will

also be accepted on standard disks in Microsoft Word or ASCII file
format.
    Instructions: Direct your comments to Docket ID Number EPA-R10-
OPPT-2010-0549. 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 through 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 or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    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 statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy.

D. How should I handle CBI information that I want to submit to the
agency?

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page the part or all of the information that
you claim to be CBI. For CBI information in a disk or CD-ROM that you
mail to EPA, mark the outside of the disk or CD-ROM that you mail to
EPA as CBI, and then identify electronically within the disk or CD-ROM
the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. If you have any questions
about CBI or the procedures for claiming CBI, please consult the
technical person identified under FOR FURTHER INFORMATION CONTACT.

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

    You may find the following suggestions helpful for preparing your
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, identify the docket control
number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date, and Federal
Register citation.

II. Background

A. What action is the agency taking?

    EPA is announcing that on May 3, 2010, the State of Oregon was
deemed authorized under section 404(a) of TSCA, and 40 CFR
745.324(d)(2), to administer and enforce requirements for a renovation,
repair and painting program in accordance with section 402(c)(3) of
TSCA, and a lead-based paint pre-renovation education program in
accordance with section 406(b) of TSCA. This notice also announces that
EPA is seeking comment and providing an opportunity to request a public
hearing on whether the State programs are at least as protective as the
Federal programs and provide for adequate enforcement. The 402(c)(3)
program ensures that training providers are accredited to teach
renovation classes, that individuals performing renovation activities
are properly trained and certified as renovators, that firms are
certified as renovation firms, and that specific work practices are
followed during renovation activities. The 406(b) program ensures that
owners and occupants of target housing are provided information
concerning potential hazards of lead-based paint exposure before
certain renovations are begun. On May 3, 2010, Oregon submitted an
application under section 404 of TSCA requesting authorization to
administer and enforce requirements for a renovation, repair and
painting program in accordance with section 402(c)(3) of TSCA, and a
pre-renovation education program in accordance with section 406(b) of
TSCA, and submitted a self-certification that these programs are at
least as protective as the Federal programs and provides for adequate
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR
745.324(d)(2), the Oregon renovation program and pre-renovation
education program are deemed authorized as of the date of submission
and until such time as the Agency disapproves the program application
or withdraws program authorization. Pursuant to section 404(b) of TSCA
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for
public comment and opportunity for a public hearing on whether the
State program application is at least as protective as the Federal
programs and provides for adequate enforcement. If a hearing is
requested and granted, EPA will issue a Federal Register notice
announcing the date, time and place of the hearing. The authorization
of the Oregon 402(c)(3) and 406(b) programs, which were deemed
authorized by regulation and statute on May 3, 2010, will continue
without further notice unless EPA, based on its own review and/or
comments received during the comment period, disapproves one or both of
these Oregon program applications on or before October 31, 2010.

B. What is the agency's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), entitled Lead Exposure Reduction. In the Federal Register
dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA section
402(c)(3) regulations governing renovation activities. The regulations

require that in order to do renovation activities for compensation,
renovators must first be properly trained and certified, must be
associated with a certified renovation firm, and must follow specific
work practice standards, including recordkeeping requirements. In
addition, the rule prescribes requirements for the training and
certification of dust sampling technicians. In the Federal Register of
June 1, 1998, (63 FR 29908), EPA promulgated final TSCA section 406(b)
regulations governing pre-renovation education requirements in target
housing. This program ensures that owners and occupants of target
housing are provided information concerning potential hazards of lead-
based paint exposure before certain renovations are begun on that
housing. In addition to providing general information on the health
hazards associated with exposure to lead, the lead hazard information
pamphlet advises owners and occupants to take appropriate precautions
to avoid exposure to lead-contaminated dust and debris that are
sometimes generated during renovations. EPA believes that regulation of
renovation activities and the distribution of the pamphlet will help to
reduce the exposures that cause serious lead poisonings, especially in
children under age 6, who are particularly susceptible to the hazards
of lead.
    Under section 404 of TSCA, a State may seek authorization from EPA
to administer and enforce its own pre-renovation education program or
renovation, repair and painting program in lieu of the Federal program.
The regulations governing the authorization of a State program under
both sections 402 and 406 of TSCA are codified at 40 CFR part 745,
subpart Q. States that choose to apply for program authorization must
submit a complete application to the appropriate regional EPA office
for review. Those applications will be reviewed by EPA within 180 days
of receipt of the complete application. To receive EPA approval, a
State must demonstrate that its program is at least as protective of
human health and the environment as the Federal program, and provides
for adequate enforcement, as required by Section 404(b) of TSCA. EPA's
regulations at 40 CFR part 745, subpart Q, provide the detailed
requirements a State program must meet in order to obtain EPA approval.
A State may choose to certify that its own pre-renovation education
program or renovation, repair and painting program meets the
requirements for EPA approval, by submitting a letter signed by the
Governor or Attorney General stating that the program is at least as
protective of human health and the environment as the Federal program
and provides for adequate enforcement. Upon submission of such a
certification letter, the program is deemed authorized pursuant to TSCA
section 404(a) and 40 CFR 745.324(d)(2) and [15 U.S.C. 2864(b)]. This
authorization becomes ineffective, however, if EPA disapproves the
application or withdraws the program authorization.

III. State Program Description Summary

    The following program summary is from Oregon's self-certification
application:

Scope of Rules

    Oregon State laws, called Oregon Revised Statutes (ORS), gives the
Department of Human Services (DHS), Public Health Division, and the
Construction Contractors Board joint authority to implement and
administer the Federal Lead Renovation, Repair and Painting Rule in
Oregon to ensure that persons who perform lead-based paint activities
do so safely to prevent exposure of building occupants, especially
children, to hazardous levels of lead. The Oregon Administrative Rules
(OARs) adopted by the State of Oregon to implement the statutes and the
Lead Renovation, Repair and Painting Rule Program can be found in OAR
333-070 and OAR 812-007. The Department of Human Services, Public
Health Division OARs governing Lead-Based Paint Renovation including
the standards of Practice and RRP training can be found in OAR 333-070
effective April 26, 2010. The Construction Contractors Board OARs
governing the ``Certified Lead-Based Paint Renovation Contractors
License'' (LBPR) can be found in OAR<PHONE_NUMBER> (definitions) and OAR
812-007-0300 through 0372 effective April 27, 2010. The rule requires a
person to be certified before performing, supervising, or offering to
perform a lead-based paint activity involving target housing or a
child-occupied facility built before 1978. Work practice standards are
also prescribed, as well as reporting and recordkeeping requirements.
In addition, no person may offer or conduct a lead training course
represented as qualifying a person for certification unless the course
is accredited by the Department and uses approved instructors.
    OAR 333 Division 70 has been promulgated to incorporate the pre-
renovation education distribution (PRE) and renovation, repair and
painting (RRP) requirements for programs under the Environmental
Protection Agency's regulations at 40 CFR part 745, subparts E and L.
The DHS's lead program regulates the following lead-based paint
activities in target housing and child-occupied facilities built before
1978:
     Pre-renovation information distribution and renovation
activities conducted for compensation.
     Lead hazard reduction, including abatement and ordered
lead remediation.
     Lead investigation, including dust, paint, soil sampling
and onsite testing; clearance, inspection, hazard screen, risk
assessment and elevated blood lead investigation activities.

Applicability to Renovations

    The PRE and RRP provisions are described in detail at OAR 333-070,
OAR<PHONE_NUMBER>, and OAR<PHONE_NUMBER> through 0374. These rules apply
to renovations performed for compensation in target housing and child-
occupied facilities, except when:
     The paint involved in the renovation is determined to be
lead-free by a certified lead inspector, risk assessor or hazard
investigator or by a certified renovator using an Oregon-recognized
test kit.
     The work is minor repair or maintenance.
     The work is renovation not performed for compensation and
no other conditions requiring certification exist.
     The work is renovation performed by the homeowner in the
owner's owner-occupied unit.
    Emergency renovations are exempt from certain provisions, including
the PRE requirements, but not from cleaning and post renovation
cleaning verification.

Accreditation of Training Courses

    Training course accreditation is described in detail at OAR
333.070.0125-0160. A person wishing to offer a course leading to
certification, including lead-safe renovation and lead sampling initial
or refresher courses, must submit a complete application with course
materials and fee to the Department. The course must cover all
curriculum requirements identified in Division 70. Courses deemed to
meet all requirements are granted full approval and may renew their
accreditations at 4-year intervals.

Pre-Renovation Education Requirements

    The PRE requirements are described in detail at OAR<PHONE_NUMBER>.
Renovation companies must:
     Provide the pamphlet, Renovate Right, to owners and
occupants of target

housing and to owners, operators and parents or guardians in child-
occupied facilities before beginning renovation work.
     Obtain signature acknowledging receipt of pamphlet, or
other proof of delivery.
     Post information in child-occupied facilities and multi-
family housing.

Renovation, Repair and Painting Requirements

Certified Company Requirements
    OAR<PHONE_NUMBER> through<PHONE_NUMBER> describe requirements for
certification for firms that are not licensed by the Construction
Contractors Board (CCB). Requirements for companies licensed by CCB are
described in OAR<PHONE_NUMBER> through<PHONE_NUMBER>. Companies must
submit an application and pay a fee for certification. Companies must:
     Assign a certified lead-safe renovator to oversee each
renovation project.
     Use only a certified renovator and certified renovator-
trained workers to perform renovations.
     Ensure the use of lead-safe work practices and that
prohibited practices are not used.
     Meet the pre-renovation education requirements.
     Create and maintain required records.
Certified Renovator Requirements
    Certified renovator responsibilities are described at OAR
333.070.0100. To be certified as a lead-safe renovator, an individual
must complete a one-day lead-safe renovation course taught by an
accredited training provider. Certified renovators must:
     Provide training to untrained workers on the lead-safe
work practices to be used.
     Be onsite to conduct or oversee posting of signs,
containment setup, and final cleaning.
     Be onsite regularly to direct and ensure ongoing
maintenance of containment barriers and use of lead-safe work
practices.
     Be available onsite during work or by telephone to return
immediately to the worksite.
     Be in possession of a valid, unexpired certification card
when at the jobsite.
     Personally conduct the post-renovation cleaning
verification.
     Prepare required renovation records.
Certified Lead Sampling Technician Requirements
    Lead sampling technician activities and responsibilities are
described at OAR<PHONE_NUMBER>. Lead sampling technicians may conduct
clearance after renovation, but not lead abatement. A lead sampling
technician must complete a one-day lead sampling course taught by an
accredited training provider. Sampling technicians must:
     Complete clearance requirements, including collecting and
sending dust-wipe samples to a recognized lab.
     Interpret laboratory results and prepare a clearance
report for the contractor and owner.
     Be in possession of a valid, unexpired certification card
when conducting regulated work.
Renovation Work Practice Requirements
    Renovation work practices are described at OAR<PHONE_NUMBER>.
Workers must follow documented methodologies to protect occupants from
lead hazards created during renovations, including:
     Posting warning signs, containing work areas, protecting
furnishings and cleaning.
     Prohibitions on using certain dangerous work practices,
including: Open-flame burning or torching, operating a heat gun over
750 [deg]F, using a high speed machine to remove paint without a HEPA-
filtered exhaust system, using an improperly operating HEPA vacuum, and
dry sweeping in the work area.
     Proper handling and transporting of waste.
     Final visual inspection and post renovation cleaning
verification using prescribed protocol.
Renovation Recordkeeping Requirements
    Recordkeeping requirements for renovations are described in detail
at OAR<PHONE_NUMBER>. The renovation company must maintain records of
its regulated activities for 3 years, including:
     Any paint testing results.
     Copies of signed pamphlet acknowledgements forms or other
documentation of delivery.
     Documentation and certification that renovation
requirements were followed.
     Individual worker training records.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved State
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized State program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a State or Indian Tribal renovation, repair
and painting program, and/or a lead-based paint pre-renovation
education program, after notice and opportunity for corrective action,
if the program is not being administered or enforced in compliance with
standards, regulations, and other requirements established under the
authorization. The procedures U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).

    Dated: June 24, 2010.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2010-16775 Filed 7-8-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Notices]
[Pages 6002-6003]
[FR Doc No: 2020-02055]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission Small Business Capital Formation
Advisory Committee on Small and Emerging Companies will hold a public
meeting on Tuesday February 4, 2020, in Multi-Purpose

Room LL-006 at the Commission's headquarters, 100 F Street NE,
Washington, DC 20549.

PLACE: The meeting will begin at 9:30 a.m. (ET) and will be open to the
public. Seating will be on a first-come, first-served basis. Doors will
open at 9:00 a.m. Visitors will be subject to security checks. The
meeting will be webcast on the Commission's website at www.sec.gov.

STATUS: On January 22, 2020, the Commission published notice of the
Committee meeting (Release No. 33-10747), indicating that the meeting
is open to the public and inviting the public to submit written
comments to the Committee. This Sunshine Act notice is being issued
because a majority of the Commission may attend the meeting.

MATTER TO BE CONSIDERED: The agenda for the meeting includes matters
relating to rules and regulations affecting small and emerging
companies under the federal securities laws.

CONTACT PERSON FOR MORE INFORMATION: For further information, please
contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 29, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-02055 Filed 1-30-20; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Page 69638]
[FR Doc No: 2021-26583]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-519-000]

Indra Power Business DC 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
Indra Power Business DC LLC's application for market-based rate
authority, with an accompanying rate tariff, 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 December 22, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    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 the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: December 2, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26583 Filed 12-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Notices]
[Page 53138]
[FR Doc No: 2013-20923]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 199-205]

South Carolina Public Service Authority; Notice of Meeting to
Discuss Santee-Cooper Biological Opinion

    On July 15, 2010, the National Marine Fisheries Service (NMFS)
filed its Biological Opinion (BO) on the relicensing of the Santee-
Cooper Hydroelectric Project No. 199. The document included NMFS' terms
and conditions for protection of the endangered shortnose and Atlantic
sturgeon. Commission staff, the South Carolina Public Service Authority
(SCPSA), the South Carolina Department of National Resources, and U.S.
Army Corps of Engineers filed comments on the draft BO in September
2010. Several meetings and workshops were held in 2011 and 2012 to
discuss what is needed to complete formal consultation for the two
sturgeon species.
    At the request of NMFS, Commission staff will meet with
representatives of NMFS and SCPSA, the Commission's non-federal
representative for the Santee-Cooper Project, to continue the on-going
discussions of what is needed to complete formal consultation for the
shortnose and Atlantic sturgeon. The meeting will be held on Thursday,
September 19, 2013, from 9:00 a.m. to 5:00 p.m. at NMFS' office at 263
13th Avenue South, St. Petersburg, Florida. All local, state, and
federal agencies, and interested parties, are hereby invited to attend
and observe this meeting. Questions concerning the meeting should be
directed to Robert Hoffman of NMFS at<PHONE_NUMBER>.

    Dated: August 20, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-20923 Filed 8-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Page 39637]
[FR Doc No: 2016-14341]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-84-000]

Competitive Transmission Developers v. New York Independent
System Operator, Inc.; Notice of Complaint

    Take notice that on June 10, 2016, pursuant to sections 206 and 306
of the Federal Power Act, 16 U.S.C. 824e and 825e and Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206, Boundless Energy NE., LLC, CityGreen
Transmission, Inc. and Miller Bros (collectively, Competitive
Transmission Developers or Complainant) filed a formal complaint
against the New York Independent System Operator, Inc. (NYISO or
Respondent) alleging violation of the NYISO Open Access Transmission
Tariff and requesting that the Commission direct the NYISO to reissue a
project solicitation for the AC Transmission Public Policy Transmission
Needs Project Solicitation, as more fully explained in the complaint.
    Competitive Transmission Developers certify that a copy of the
complaint was served on a representative from NYISO.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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>.
    Comment Date: 5:00 p.m. Eastern Time on June 30, 2016.

    Dated: June 13, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-14341 Filed 6-16-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Pages 45125-45126]
[FR Doc No: 2014-18359]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2014-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal

Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202) 646-4064, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.
    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                     feet  (NGVD)  +
                                                                    Elevation in feet
                                                                      (NAVD)   Depth in feet
           Flooding source(s)                    elevation             above ground      Communities  affected
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified

----------------------------------------------------------------------------------------------------------------
                                  Cass County, Indiana, and Incorporated areas
                                             Docket No.: FEMA-B-1229
----------------------------------------------------------------------------------------------------------------
Crooked Creek..........................  Approximately 0.44 mile                 +569  Unincorporated areas of
                                          upstream of the Wabash                        Cass County.
                                          River confluence.
                                         Approximately 0.39 mile                 +636  .........................
                                          upstream of West County
                                          Road 100 North.
Goose Creek............................  At the upstream side of                 +591  City of Logansport,
                                          Cliff Drive.                                  Unincorporated areas of
                                                                                Cass County.
                                         Approximately 200 feet                  +598  .........................
                                          upstream of Humphrey
                                          Boulevard.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Logansport
Maps are available for inspection at City Hall, 601 East Broadway Street, Room 303, Logansport, IN 46947.

                                       Unincorporated Areas of Cass County
Maps are available for inspection at Cass County Government Building, 200 Court Park, Logansport, IN 46947.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 11, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-18359 Filed 8-1-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Proposed Rules]
[Pages 64085-64089]
[FR Doc No: 2021-24834]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0877; Project Identifier AD-2020-01316-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 747-100B SUD, 747-200B, 747-200C,
747-200F, 747-300, 747SP, 747-400, 747-400D, and 747-400F series
airplanes. This proposed AD was prompted by a determination that a
certain fastener type that penetrates the fuel tank walls has
insufficient bond to the structure, and energy from a lightning strike
or high-powered short circuit could cause arcing to occur at the ends
of fasteners in the fuel tanks. This proposed AD would require, for
certain airplanes, reconfiguring the clamps of certain wire bundles,
applying sealant to certain fasteners that penetrate the fuel tank
walls, installing cushion clamps and polytetrafluoroethylene (TFE)
sleeves, inspecting to determine if sealant was applied to certain
fasteners, and applying sealant if necessary. This proposed AD would
also require, for all airplanes, revising the maintenance or inspection
program, as applicable, to incorporate new, more restrictive
airworthiness limitations. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 3,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. Boeing Special Attention Service Bulletin 747-57-
2327, Revision 8, dated November 13, 2020, is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0877.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0877; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Rose Len, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0877; Project Identifier
AD-2020-01316-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Rose
Len, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3604; email: [email protected]. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Background

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings,

the FAA issued a final rule titled ``Transport Airplane Fuel Tank
System Design Review, Flammability Reduction, and Maintenance and
Inspection Requirements'' (66 FR 23086, May 7, 2001). In addition to
new airworthiness standards for transport airplanes and new maintenance
requirements, that rule included Amendment 21-78, which established
Special Federal Aviation Regulation No. 88 (``SFAR 88'') at 14 CFR part
21. Subsequently, SFAR 88 was amended by Amendment 21-82 (67 FR 57490,
September 10, 2002; corrected at 67 FR 70809, November 26, 2002) and
Amendment 21-83 (67 FR 72830, December 9, 2002; corrected at 68 FR
37735, June 25, 2003, to change ``21-82'' to ``21-83'').
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the final rule published on
May 7, 2001, the FAA intended to adopt airworthiness directives to
mandate any changes found necessary to address unsafe conditions
identified as a result of these reviews.
    In evaluating these design reviews, the FAA has established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, combination of
failures, and unacceptable (failure) experience. For all three failure
criteria, the evaluations included consideration of previous actions
taken that may mitigate the need for further action.
    The FAA has determined that the actions identified in this proposed
AD are necessary to reduce the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosion or fire.
    The FAA has received a report indicating that a certain type of
fastener used in the fuel tank walls of Model 747 airplanes is
insufficiently bonded to the airplane structure. Further, these
fasteners do not have sufficient electrical insulation applied inside
the fuel tanks to prevent arcing in the event of a lightning strike or
high-powered short circuit. This condition, if not corrected, could
result in a fuel tank explosion or fire.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 747-57-
2327, Revision 8, dated November 13, 2020. This service information
describes procedures for reconfiguring the clamps of certain wire
bundles, applying sealant to certain fasteners that penetrate the fuel
tank walls, and installing cushion clamps and TFE sleeves on the wire
bundles of the front spars and rear spars of the wings.
    The FAA also reviewed Boeing Service Bulletin 747-57-2326, Revision
1, dated January 31, 2008. This service information describes
procedures for, among other actions, applying sealant to certain
fasteners.
    The FAA also reviewed The Boeing Company 747-400 Maintenance
Planning Data (MPD) Document, Section 9, Airworthiness Limitations
(AWL) and Certification Maintenance Requirements (CMRs), D621U400-9,
Revision February 2020, which includes revised AWL tasks 28-AWL-33, 28-
AWL-34, and 28-AWL-37; and The Boeing Company 747-100/200/300/SP/SR
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-13747-CMR, Revision September 2020, which
includes revised AWL tasks 28-AWL-25, 28-AWL-27, and 28-AWL-28. The
revised AWL tasks describe fuel airworthiness limitation items (ALIs)
and critical design configuration control limitations (CDCCLs) that
address fuel tank systems. These documents are distinct because they
apply to different airplane models. The new AWLs include:
     An ALI (periodic inspections) of the cushion clamps and
teflon sleeving installed on out-of-tank wire bundles installed on
brackets that are mounted directly on the fuel tanks;
     A CDCCL for the cushion clamps and teflon sleeving
installed on out-of-tank wire bundles installed on brackets that are
mounted directly on the fuel tanks; and
     A CDCCL for lightning, fault current or hot short
protection features.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Relevant Rulemaking

    AD 2007-20-01, Amendment 39-15211 (72 FR 54533, September 26, 2007)
(AD 2007-20-01), requires actions in accordance with Boeing Service
Bulletin 747-57-2326, dated January 4, 2007; and Boeing Service
Bulletin 747-57-2327, Revision 1, dated July 10, 2006. AD 2007-20-01
applies to certain The Boeing Company Model 747-100B SUD, 747-200B,
747-200C, 747-200F, 747-300, 747SP, 747-400, 747-400D, and 747-400F
series airplanes. The FAA has determined that AD 2007-20-01 did not
fully address the unsafe condition for Model 747-100B SUD, 747-200B,
747-200C, 747-200F, 747-300, 747SP, 747-400, 747-400D, and 747-400F
series airplanes. The service information for AD 2007-20-01 has been
revised and contains additional work as described previously.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require, for certain airplanes,
reconfiguring the clamps of certain wire bundles, applying sealant to
certain fasteners that penetrate the fuel tank walls, installing
cushion clamps and TFE sleeves, inspecting to determine if sealant was
applied to certain fasteners, and applying sealant if necessary. This
proposed AD would also require, for all airplanes, revising the
maintenance or inspection program, as applicable, to incorporate new,
more restrictive airworthiness limitations.

Differences Between This Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 747-57-2327, Revision 8,
dated November 13, 2020, specifies a compliance time of 60 months to
accomplish Work Packages 13 through 20 and a compliance time of 27
months to accomplish Work Package 21. The FAA has determined that all
work packages may be done within 60 months as it is not necessary to
accomplish Work Package 21 prior to the other work packages. The FAA
has determined that the 60-month compliance time is appropriate and
will not adversely affect safety.
    In The Boeing Company 747-100/200/300/SP/SR Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
D6-

13747-CMR, Revision September 2020, the ``Applicability'' of
airworthiness limitations 28-AWL-25 and 28-AWL-27 specifies ``ALL'' and
``NOTE.'' The FAA has determined that the applicability should be
``Airplanes L/N 645 and on'' as those limitations do not apply to
airplanes having line numbers 1 through 644 inclusive. In addition, the
``Applicability Note'' in the Description column does not apply. This
difference is specified in paragraph (h)(2) of the proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 104 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                  Labor cost         Parts cost      Cost per product  Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Reconfiguring clamps,           Up to 30 work-     Up to $2,004.....  Up to $4,554.....  Up to $473,616.
 inspections, applying           hours x $85 per
 sealant, and installing         hour = Up to
 clamps and TFE sleeves.         $2,550.
----------------------------------------------------------------------------------------------------------------

    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
    The FAA estimates the following costs to do any necessary
application of sealant that would be required based on the results of
the proposed inspections. The agency has no way of determining the
number of aircraft that might need this action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Applying sealant.....................  Up to 102 work-hours x   Up to $6,813...........  Up to $15,483.
                                        $85 per hour = Up to
                                        $8,670.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2021-0877; Project Identifier AD-
2020-01316-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100B SUD, 747-
200B, 747-200C, 747-200F, 747-300, 747SP, 747-400, 747-400D, and
747-400F series airplanes, certificated in any category, having line
numbers 645 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. The FAA is issuing this AD to address arcing in the
event of a lightning strike or high-powered short circuit, which
could result in a fuel tank explosion or fire.

(f) Compliance

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

(g) Reconfiguration of Wire Bundle Clamps, Sealant Application,
Installation of Clamps and Sleeves, Inspections, and Corrective Actions

    (1) For Group 1 through 9, 11, and 16 through 45 airplanes
identified in Boeing Special Attention Service Bulletin 747-57-2327,
Revision 8, dated November 13, 2020: Within 60 months after the
effective date of this AD, reconfigure the clamps of the specified
wire bundles, apply sealant to the specified fasteners that
penetrate the fuel tank walls, and install cushion clamps and
polytetrafluoroethylene (TFE) sleeves on the wire bundles of the
front spars and rear spars of the wings, as applicable, in
accordance with Work Packages 13 through 21, as applicable, of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 747-57-2327, Revision 8, dated November 13, 2020.
    (2) For airplanes on which the actions specified in Work Package
7, 8, or 9 of Boeing Special Attention Service Bulletin 747-57-2327
have been done: Within 60 months after the effective date of this
AD: Inspect to determine if the fillet sealant identified in step 5
of Figure 23 of Boeing Special Attention Service Bulletin 747-57-
2327, Revision 8, dated November 13, 2020, was applied to fully
encapsulate the fastener penetrating the fuel tank; and if the
sealant does not fully encapsulate the fastener, before further
flight, apply sealant as specified in step 5 of Figure 23, except
where note (f) of Figure 23 specifies to ``make sure to apply the
fillet sealant on the fastener,'' this AD requires applying the
fillet sealant to fully encapsulate the fastener penetrating the
fuel tank.
    (3) For Group 2 airplanes identified in Boeing Service Bulletin
747-57-2326, Revision 1, dated January 31, 2008: Within 60 months
after the effective date of this AD, inspect to determine if all
fasteners identified in Figures 4 and 5 of Boeing Service Bulletin
747-57-2326, Revision 1, dated January 31, 2008, have been sealed;
and if any fasteners are not sealed, before further flight, apply
sealant in accordance with Figure 1 of Boeing Service Bulletin 747-
57-2326, Revision 1, dated January 31, 2008.

(h) Maintenance or Inspection Program Revision

    (1) For Model 747-400, 747-400D, and 747-400F series airplanes:
Within 60 days after the effective date of this AD: Revise the
existing maintenance or inspection program, as applicable, by
incorporating the information in airworthiness limitations 28-AWL-
33, 28-AWL-34, and 28-AWL-37 of The Boeing Company 747-400
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWL) and Certification Maintenance Requirements (CMRs),
D621U400-9, Revision February 2020. The initial compliance time for
doing the tasks is at the time specified in Boeing 747-400 MPD
Document, Section 9, AWL and CMRs, D621U400-9, Revision February
2020, or within 60 days after the effective date of this AD,
whichever occurs later.
    (2) For Model 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-
300, and 747SP series airplanes: Within 60 days after the effective
date of this AD: Revise the existing maintenance or inspection
program, as applicable, by incorporating the information in
airworthiness limitations 28-AWL-25, 28-AWL-27, and 28-AWL-28 of The
Boeing Company 747-100/200/300/SP/SR Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D6-13747-
CMR, Revision September 2020; except where the ``Applicability'' of
airworthiness limitations 28-AWL-25 and 28-AWL-27 specifies ``ALL''
and ``NOTE,'' replace ``ALL'' and ``NOTE'' with ``Airplanes L/N 645
and on'' and remove the ``Applicability Note'' from the Description
column of 28-AWL-25 and 28-AWL-27. The initial compliance time for
doing the tasks is at the time specified in The Boeing Company
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-13747-CMR, Revision September 2020, or
within 60 days after the effective date of this AD, whichever occurs
later.

(i) No Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program has been revised as
required by paragraph (h)(1) or (2) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs may be used
unless the actions, intervals, and CDCCLs are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k) of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the Work Package 13
actions specified in paragraph (g)(1) of this AD, if those actions
were performed before the effective date of this AD using the
service information specified in paragraphs (j)(1)(i) through (iv)
of this AD.
    (i) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 4, dated August 26, 2010.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 5, dated September 20, 2011.
    (iii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 6, dated February 21, 2013.
    (iv) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 7, dated November 30, 2017.
    (2) This paragraph provides credit for the Work Package 14, 15,
and 16 actions specified in paragraph (g)(1) of this AD, if those
actions were performed before the effective date of this AD using
the service information specified in paragraphs (j)(2)(i) through
(iii) of this AD.
    (i) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 5, dated September 20, 2011.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 6, dated February 21, 2013.
    (iii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 7, dated November 30, 2017.
    (3) This paragraph provides credit for the Work Package 17
actions specified in paragraph (g)(1) of this AD, if those actions
were performed before the effective date of this AD using the
service information specified in paragraphs (j)(3)(i) or (ii) of
this AD.
    (i) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 6, dated February 21, 2013.
    (ii) Boeing Special Attention Service Bulletin 747-57-2327,
Revision 7, dated November 30, 2017.
    (4) This paragraph provides credit for the Work Package 18, 19,
and 20 actions specified in paragraph (g)(1) of this AD, if those
actions were performed before the effective date of this AD using
Boeing Special Attention Service Bulletin 747-57-2327, Revision 7,
dated November 30, 2017.

(k) Alternative Methods of Compliance (AMOCs)

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

(l) Related Information

    (1) For more information about this AD, contact Rose Len,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3604; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740-
5600;

telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued on October 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-24834 Filed 11-16-21; 8:45 am]
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[Federal Register: May 19, 2006 (Volume 71, Number 97)]
[Notices]
[Page 29142-29143]
[DOCID:fr19my06-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene and Protests

May 12, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License under 5 megawatts
(MW).
    b. Project No.: P-11879-001.
    c. Date filed: May 20, 2004.
    d. Applicant: Symbiotics, LLC.
    e. Name of Project: Chester Diversion Hydroelectric Project.
    f. Location: On Henry's Fork of the Snake River, near the Town of
Rexburg, in Fremont County, Idaho. The project would not occupy Federal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, Northwest Power Services,
Inc., PO Box 535, Rigby, ID 83442,<PHONE_NUMBER> or Dr. Vincent A.
Lamarra, Ecosystems Research Institute, 975 South State Highway, Logan,
UT 84321,<PHONE_NUMBER>.
    i. FERC Contact: Emily Carter at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.

    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Motions to intervene and protests may be filed electronically via
the Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

Filing'' link.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The proposed Chester Diversion Hydroelectric Project would
utilize the existing BOR Chester Dam on the Henry's Fork of the Snake
River. The dam has an overall structural height of 17 feet and a total
length of 457 feet, spanning the river. Operation of the project would
depend on flows in the Henry's Fork and would be dependent on the
irrigation season. It would be operated run-of-river and no storage
would occur at the project.
    The proposed project would consist of the following facilities: (1)
A new three-foot-high inflatable rubber dam bolted to the crest of the
existing spillway; (2) a new 50-foot-wide concrete spillway; (3) two
new Kaplan-type turbine generator units with a combined generating
capacity of 3.3 MW; (4) a new low-profile powerhouse; and (5)
appurtenant facilities.
    The applicant estimates that the average annual generation would be
about 16.8 gigawatt hours.
    m. 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 Web site 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 at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. 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 e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE''; (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application.

Magalie R. Salas,
Secretary.
[FR Doc. E6-7707 Filed 5-18-06; 8:45 am]

BILLING CODE 6717-01-P