[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9792-9793]
[FR Doc No: 2013-02718]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1250; Directorate Identifier 2012-CE-043-AD;
Amendment 39-17344; AD 2013-03-09]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Gliders

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for DG
Flugzeugbau GmbH Model DG-1000T gliders equipped with Solo Kleinmotoren
Model 2350 C engines. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as a material
defect of the propeller shaft, most likely caused by a manufacturing
error. We are issuing this AD to require actions to address the unsafe
condition on these products.

DATES: This AD is effective March 19, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 19,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
    For service information identified in this AD, contact Solo
Kleinmotoren GmbH, Postfach 60 01 52, D 71050 Sindelfingen, Germany;
telephone: +49 07031-301-0; fax: +49 07031-301-136; email:
<EMAIL_ADDRESS>Internet: http://aircraft.solo-online.com/.
You may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 30, 2012
(77 FR 71359). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Two reports have been received of a broken P/N 20 31 211
propeller shaft on a Solo 2350 C engine. The results of the
investigation showed that the failures were due to a material
defect, most likely caused by a manufacturing error.
    This condition, if not detected and corrected, could lead to
failure of the shaft and detachment of the propeller from the
aeroplane, which, depending on the flight conditions, could result
in reduced control of the aeroplane, or injury to persons on the
ground.
    For the reasons described above, this AD requires a one-time
inspection (magnetic particle or dye penetrant) of the affected
propeller shafts to detect cracks and, depending on findings,
replacement of the propeller pulley assembly (module) with a
serviceable module.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 71359, November 30, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 71359, November 30, 2012).

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry.
We also estimate that it would take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $0 per product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $170, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $197, for a cost of
$282 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-03-09 DG Flugzeugbau GmbH: Amendment 39-17344; Docket No. FAA-
2012-1250; Directorate Identifier 2012-CE-043-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 19,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Model DG-1000T gliders
equipped with Solo Kleinmotoren Model 2350 C engines, all serial
numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 72: Engine.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as a material
defect within the propeller shaft, most likely caused by a
manufacturing error. We are issuing this AD to prevent failure of
the propeller shaft and detachment of the propeller, which could
result in reduced control of the aircraft or injury to persons on
the ground.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within 25 hours time-in-service (TIS) after March 19, 2013
(the effective date of this AD) or 6 months after March 19, 2013
(the effective date of this AD), whichever occurs first, remove the
propeller pulley assembly (module) from the engine and inspect the
transition region of the part number (P/N) 20 31 211 shaft following
the Actions section of Solo Kleinmotoren GmbH Service Bulletin Nr.
4603-13, Issue 1, dated September 24, 2012.
    (2) If, during the inspection required by paragraph (f)(1) of
this AD, cracks are detected in the P/N 20 31 211 shaft, before
further flight, do the following:
    (i) Replace the P/N 20 31 211 shaft with an airworthy P/N 20 31
211 shaft; or
    (ii) Replace the propeller pulley assembly (module) with an
airworthy propeller pulley assembly (module).

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2012-0197, dated September 25, 2012; and Solo Kleinmotoren GmbH
Service Bulletin Nr. 4603-13, Issue 1, dated September 24, 2012, for
related information.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Solo Kleinmotoren GmbH Service Bulletin Nr. 4603-13, Issue
1, dated September 24, 2012.
    (ii) Reserved.
    (3) For Solo Kleinmotoren GmbH service information identified in
this AD, contact Solo Kleinmotoren GmbH, Postfach 60 01 52, D 71050
Sindelfingen, Germany; telephone: +49 07031-301-0; fax: +49 07031-
301-136; email<EMAIL_ADDRESS>Internet: http://aircraft.solo-online.com/.
    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/index.html.

    Issued in Kansas City, Missouri, on February 1, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-02718 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Proposed Rules]
[Page 73025-73026]
[DOCID:fr29no10-37]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0656; FRL-9232-1]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Ohio Portion of the Cincinnati-Hamilton Area; 8-Hour Ozone
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the maintenance plan
for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone
area. The Cincinnati-Hamilton area includes Butler, Clermont, Clinton,
Hamilton, and Warren Counties in Ohio, Lawrenceburg Township in
Dearborn County, Indiana, and Boone, Campbell, and Kenton Counties in
Kentucky. The Ohio Environmental Protection Agency (Ohio EPA) submitted
a maintenance plan revision on July 6, 2010. The submittal contained
revisions to 2015 and 2020 NOX point source emissions
projections for Butler County to reflect modifications at a major
source that will occur during the maintenance period.

DATES: Comments must be received on or before December 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-

OAR-2010-0656, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the maintenance plan revision as a direct
final rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: November 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-29785 Filed 11-26-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8785-8786]
[FR Doc No: 2017-01889]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Twenty Eighth RTCA SC-217 Aeronautical Databases Joint Plenary
with EUROCAE WG-44

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

ACTION: Twenty Eighth RTCA SC-217 Aeronautical Databases Joint Plenary
with EUROCAE WG-44.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of Twenty Eighth RTCA SC-217 Aeronautical Databases Joint
Plenary with EUROCAE WG-44.

DATES: The meeting will be held on February 27 to March 1, 2017, from
9:00 a.m.-5:00 p.m. and March 2, 2017, from 9:00 a.m.-3:00 p.m.
Registration is required for attendance. Please contact Rebecca
Morrison at<EMAIL_ADDRESS>or<PHONE_NUMBER> to register and receive
further information for the meeting.

ADDRESSES: The meeting will be held at: Airbus Facilities, 1 Avenue
d'A[eacute]roconstellation, 31700 Blagnac, France.

FOR FURTHER INFORMATION CONTACT: Rebecca Morrison at<EMAIL_ADDRESS>or<PHONE_NUMBER>, or The RTCA Secretariat, 1150 18th Street NW., Suite
910, Washington, DC, 20036, or by telephone at<PHONE_NUMBER>, fax at
(202) 833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Twenty Eighth RTCA SC-217
Aeronautical Databases Joint Plenary with EUROCAE WG-44. The agenda
will include the following:

Monday, February 27, 2017--9:00 a.m.-5:00 p.m.

1. Co-Chairmen's remarks and introductions
2. Housekeeping & meeting logistics
3. DFO statement and RTCA/EUROCAE IP and membership policies
4. Approve minutes from 27th meeting
5. Review and approve meeting agenda for 28th meeting
6. Action item list review
7. Presentations (TBD)
8. Adjourn to Working Group Sessions at 12:00 p.m.

Tuesday, February 28, 2017--9:00 a.m.-5:00 p.m.

Continue Working Group Sessions.

Wednesday March 1, 2017--9:00 a.m.-5:00 p.m.

Continue Working Group Sessions.

Thursday March 2, 2017--9:00 a.m.-3:00 p.m.

Continue Working Group Sessions until 12:00 p.m.
9. Reconvene Plenary at 1 p.m.
10. Meeting wrap-up: Main conclusions and way forward
11. Review of action items
12. Next meetings
13. Any other business
14. Adjourn
    Attendance is open to the interested public but limited to space
availability. Registration is required for attendance. With the
approval of the chairman, members of the public may present oral
statements at the meeting. Persons wishing to present statements or
obtain information should contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Members of the public may present a
written statement to the committee at any time.

    Issued in Washington, DC, on January 24, 2017.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2017-01889 Filed 1-27-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Rules and Regulations]
[Pages 16725-16728]
[FR Doc No: 2017-05373]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-AD;
Amendment 39-18832; AD 2017-06-08]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2006-06-09, AD
2012-05-08, and AD 2012-07-08, for certain Embraer S.A. Model ERJ 170
airplanes. This AD requires revising the maintenance or inspection
program, as applicable, to incorporate new airworthiness limitations.
This AD was prompted by a determination that more restrictive
airworthiness limitations are necessary. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective May 11, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 11,
2017.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of May 29,
2012 (77 FR 24342, April 24, 2012).

ADDRESSES: For service information identified in this final rule,
contact Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170-Putim-12227-901 S[atilde]o Jose dos Campos-
SP-BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12
3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0059.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0059; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ana Martinez Hueto, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2006-06-09, Amendment 39-14518 (71
FR 14365, March 22, 2006) (``AD 2006-06-06''); AD 2012-05-08, Amendment
39-16980 (77 FR 16155, March 20, 2012) (``AD 2012-05-08''); and AD
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012) (``AD
2012-07-08''); which applied to all Embraer S.A. Model ERJ 170
airplanes.
    The SNPRM published in the Federal Register on September 12, 2016
(81 FR 62668) (``the SNPRM''). We preceded the SNPRM with a notice of
proposed rulemaking (NPRM) that published in the Federal Register on
February 27, 2014 (79 FR 11013) (``the NPRM''). The NPRM was prompted
by a determination that more restrictive maintenance requirements and
airworthiness limitations are necessary than those required by AD 2012-
07-08. The NPRM proposed to require a revision to the maintenance or
inspection program, as applicable, to incorporate new inspections. The
SNPRM also proposed to revise the maintenance or inspection program, as
applicable, to incorporate the new airworthiness limitations section of
the maintenance review board report (MRBR), remove certain airplanes
from the applicability, and supersede AD 2006-06-09, AD 2012-05-08, and
AD 2012-07-08, which require tasks that are now included in the new
revision of the MRBR.
    We are issuing this AD to detect and correct fatigue cracking of
various PSEs; such cracking could result in reduced structural
integrity of the airplane. We are also issuing this AD to prevent
safety-significant latent failures; such failures, in combination with
one or more other specified failures or events, could result in a
hazardous or catastrophic failure condition of avionics, hydraulic
systems, fire detection systems, fuel systems, or other critical
systems. We are also issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions; such failures, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2015-06-01, effective June 2, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Embraer S.A.
Model ERJ 170 airplanes. The MCAI states:

    This [Brazilian] AD was prompted by a new revision to the
airworthiness limitations of the Maintenance Review Board Report.
This [Brazilian] AD is being issued to ensure that fatigue cracking
of various principal structural elements is detected and corrected;
such fatigue cracking, could adversely affect the structural
integrity of these airplanes.

    The required action is revising the maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations in
Appendix A--Airworthiness Limitations to the EMBRAER 170/175
Maintenance

Review Board Report, MRB-1621, Revision 10, dated February 23, 2015,
which is divided into four parts: Part 1--Certification Maintenance
Requirements (CMR), Part 2--Airworthiness Limitation Inspections
(ALI)--Structures, Part 3--Fuel System Limitation Items (FSL), and Part
4--Life Limited Items (LLI).
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0059.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the SNPRM and
the FAA's response to that comment.

Request To Allow Use of Future Revisions of Service Information

    SkyWest Airlines requested an allowance for future revisions of the
EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, (``MRB-
1621''), to be used as long as the tasks, intervals, and requirements
haven't changed. The commenter stated that if the purpose of the SNPRM
was to ensure that operators are using the new airworthiness
limitations, it would seem that using later revisions of MRB-1621, as
long as the tasks, intervals, and requirements haven't changed would
make it easier to comply with the proposed requirements, and with the
airworthiness limitation revisions that come with newly delivered
airplanes. The commenter explained that operators might have to divide
their maintenance and inspection program into groups of airplanes. For
airplanes with the serial numbers identified in the SNPRM, operators
would be required to use MRB-1621, Revision 10, and for newly delivered
airplanes operators would be required to comply with the EMBRAER 170/
175 Maintenance Review Board Report revision released when the new
airplanes were delivered.
    We agree with the commenter's observation that operators might have
to use two different revisions of MRB-1621, the revision required by
this final rule and the revision that is released with newly delivered
airplanes; however, in an AD we may not refer to any document that does
not yet exist. Allowing the use of a ``later revision'' of a specific
service document violates Office of the Federal Register (OFR)
regulations for approval of materials ``incorporated by reference,'' as
specified in 1 CFR 51.1(f).
    Operators may request approval to use later revisions of a
referenced document as an alternative method of compliance (AMOC) under
the provisions specified in paragraph (k)(1) of this AD. The FAA
routinely approves AMOCs that allow operators to incorporate later
revisions of referenced ALI documents (issued after publication of the
AD) into their maintenance or inspection programs instead of the
revision required by an AD. This allows an operator to comply with both
the AD, for affected airplanes, and the airplane's type design for
later delivered airplanes. We have not changed this AD regarding this
issue.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed, with minor editorial changes. We have determined
that these changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Appendix A--Airworthiness Limitations to
the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, Revision
10, dated February 23, 2015, which is divided into four parts. As noted
in the titles of each of these parts, Appendix A addresses
Certification Maintenance Requirements (CMRs), airworthiness limitation
inspections (ALIs) for structures, fuel system limitation items (FSLs),
and life-limited items (LLI), and includes established tasks and
intervals.
    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.

Costs of Compliance

    We estimate that this AD affects 286 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on
                    Action                                Labor cost               Parts     Cost per     U.S.
                                                                                cost     product   operators
----------------------------------------------------------------------------------------------------------------
Revision of the maintenance or inspection      1 work-hour x $85 per hour = $85         $0        $85    $24,310
 program (retained action from AD 2012-07-08).
Revision of the maintenance or inspection      1 work-hour x $85 per hour = $85          0         85     24,310
 program (new action).
----------------------------------------------------------------------------------------------------------------

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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directives (AD) 2006-06-09, Amendment 39-
14518 (71 FR 14365, March 22, 2006); AD 2012-05-08, Amendment 39-16980
(77 FR 16155, March 20, 2012); and AD 2012-07-08, Amendment 39-17014
(77 FR 24342, April 24, 2012); and
0
b. Adding the following new AD:

2017-06-08 Embraer S.A.: Amendment 39-18832; Docket No. FAA-2014-
0059; Directorate Identifier 2013-NM-075-AD.

(a) Effective Date

    This AD is effective May 11, 2017.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1), (b)(2),
and (b)(3) of this AD:
    (1) AD 2006-06-09, Amendment 39-14518 (71 FR 14365, March 22,
2006) (``AD 2006-06-09'').
    (2) AD 2012-05-08, Amendment 39-16980 (77 FR 16155, March 20,
2012) (``AD 2012-05-08'').
    (3) AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24,
2012) (``AD 2012-07-08'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD,
-100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU,
and -200 STD airplanes; certificated in any category; manufacturer
serial numbers 17000002, 17000004 through 17000013 inclusive, and
17000015 through 17000453 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons;
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive
airworthiness limitations are necessary. We are issuing this AD to
detect and correct fatigue cracking of various principal structural
elements (PSEs); such cracking could result in reduced structural
integrity of the airplane. We are also issuing this AD to prevent
safety-significant latent failures; such failures, in combination
with one or more other specified failures or events, could result in
a hazardous or catastrophic failure condition of avionics, hydraulic
systems, fire detection systems, fuel systems, or other critical
systems. We are also issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions; such failures, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the action required by paragraph (i) of
AD 2012-07-08, with no changes.
    (1) Within 60 days after May 29, 2012 (the effective date of AD
2012-07-08): Revise the maintenance program to incorporate the new
or revised tasks specified in Part 2--Airworthiness Limitation
Inspection (ALI)--Structures, of Appendix A, Airworthiness
Limitations, to the EMBRAER 170 Maintenance Review Board Report
(MRBR), MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER
Temporary Revision 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix
A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621,
Revision 7, dated November 11, 2010; with the initial compliance
times and intervals specified in these documents.
    (2) The initial compliance times for the tasks start from the
date of issuance of the original Brazilian airworthiness certificate
or the date of issuance of the original Brazilian export certificate
of airworthiness of the applicable airplane at the applicable time
specified in the tasks, or within 600 flight cycles after revising
the maintenance program, whichever occurs later. For certain tasks,
the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated
service bulletin, as specified in the ``Applicability'' column of
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of
Appendix A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness
Limitation Inspection (ALI)--Structures, of Appendix A,
Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621,
Revision 7, dated November 11, 2010.

(h) Retained No Alternative Actions Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With New Exception

    This paragraph restates the action required by paragraph (j) of
AD 2012-07-08, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revisions required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, and/or CDCCLs may be used other than those
specified in Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER
170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER
Temporary Revision 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix
A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-1621,
Revision 7, dated November 11, 2010; unless the actions, intervals,
and/or CDCCLs are approved as an alternative method of compliance
(AMOC) in accordance with the procedures specified in paragraph
(k)(1) of this AD.

(i) New Revision of Maintenance or Inspection Program

    Within 12 months after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
airworthiness limitations specified in Part 1--Certification
Maintenance Requirements (CMR); Part 2--Airworthiness Limitation
Inspections (ALI)--Structures; Part 3--Fuel System Limitation Items
(FSL); and Part 4--Life Limited Items (LLI); of Appendix A--
Airworthiness Limitations; of the EMBRAER 170/175 MRBR, MRB-1621,
Revision 10, dated February 23, 2015. The initial compliance times
and repetitive intervals are specified in the applicable part of the
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23,
2015. Accomplishing the revision to the maintenance or inspection
program required by this paragraph terminates the requirements of
paragraph (g) of this AD.

(j) No Alternative Actions, Intervals, or CDCCLs

    After accomplishing the revision required by paragraph (i) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, and CDCCLs are
approved as an AMOC in accordance with the procedures specified in
paragraph (k)(1) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN:

Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee.
If approved by the ANAC Designee, the approval must include the
Designee's authorized signature.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
Brazilian Airworthiness Directive 2015-06-01, effective June 2,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0059.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 11, 2017.
    (i) Appendix A--Airworthiness Limitations to the EMBRAER 170/175
Maintenance Review Board Report, MRB-1621, Revision 10, dated
February 23, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
May 29, 2012 (77 FR 24342, April 24, 2012).
    (i) Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER
170 Maintenance Review Board Report, MRB-1621, Revision 7, dated
November 11, 2010. Only the title page of this document specifies
the revision level.
    (ii) EMBRAER Temporary Revision 7-1, dated February 11, 2011, to
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of
Appendix A, Airworthiness Limitations, of the EMBRAER 170
Maintenance Review Board Report, MRB-1621, Revision 7, dated
November 11, 2010.
    (5) For service information identified in this AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170-Putim-12227-901 S[atilde]o Jose dos
Campos-SP-BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425 227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 10, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-05373 Filed 4-5-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13517-13520]
[FR Doc No: 2020-04659]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0824]

Drawbridge Operation Regulation; Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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

SUMMARY: The Coast Guard is seeking information and comments during a
test schedule for the bridges crossing the Milwaukee, Menomonee,
Kinnickinnic River, South Menomonee River, and Burnham Canals. The city
of Milwaukee requested the regulations to be reviewed and updated to
allow for a more balanced flow of maritime and land based
transportation. The current regulation has been in place for over 30
years and is obsolete. This deviation will test a change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is needed. The Coast Guard is seeking comments from the
public regarding these proposed changes.

DATES: This deviation is effective from midnight on April 15, 2020 and
ends at midnight on November 2, 2020.
    Comments and related material must reach the Coast Guard on or
before November 2, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0824 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background, Purpose, and Legal Basis

    The Milwaukee River is approximately 104 miles long. Beginning in
Fond du Lac County the river flows easterly to a low head dam just
above the Humboldt Avenue Bridge at mile 3.22 in downtown Milwaukee,
WI. From here the river flows south to Lake Michigan. This southerly
course of the Milwaukee River divides the lakefront area from the rest
of the city. The Menomonee River joins the Milwaukee River at Mile 1.01
with the Kinnickinnic River joining the Milwaukee River at Mile 0.39.
21 bridges cross the Milwaukee River from mile 0.19 to mile 3.22. In
the early 20th Century, the Milwaukee River was heavily used to support
the industries in and around the Great Lakes. Today, the river has been
redeveloped as a tourist and recreational destination. From its
confluence with the Milwaukee River the Menomonee River flows west for
33 miles. The lower three miles of the Menomonee River is passable by
vessels over 600 feet in length. Seven bridges cross the navigable
portion of the Menomonee River.
    The South Menomonee Canal and the Burnham Canal were both excavated
during a waterways improvement project in 1864. Both man-made canals
are tributaries of the Menomonee River branching just above its mouth.
The South Menomonee Canal is crossed by two bridges and the Burnham
Canal is crossed by three bridges. The Kinnickinnic River flows north
through the southern portion of the City of Milwaukee connecting with
the Milwaukee River near Lake Michigan. Only the lower 2.30 miles of
the river have been improved for vessel use. Five bridges cross the
river with the Lincoln Avenue Bridge at the head of navigation.
Freighters up to 1,000 feet in length transfer cargoes at the
confluence of the Kinnickinnic and Milwaukee Rivers. Most of the
recreational vessels in Milwaukee moor in the lake front marinas and
only transit the rivers. Boat yards on the Menomonee and Kinnickinnic
rivers haul out and store most of the recreational vessels in the fall
and winter months and launch the vessels in the spring. This action
contributes to a considerable surge in drawbridge openings in the fall
and spring.
    The following bridges will be included in the test deviation: The
Union Pacific Railroad Bridge, mile 0.59, over the Milwaukee River with
a vertical clearance in the closed position of 7 feet above internet
Great Lakes Datum of 1985 (IGLD85). The Broadway Street Bridge, mile
0.79, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Water Street Bridge, mile 0.94,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The St. Paul Avenue Bridge, mile
1.21, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Clybourn Street Bridge, mile
1.28, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. Michigan Street Bridge, mile 1.37,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wisconsin Avenue Bridge, mile
1.46, over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wells Street Bridge, mile 1.61,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Kilbourn Avenue Bridge, mile
1.70, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The State Street Bridge, mile 1.79,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Highland Avenue Pedestrian
Bridge, mile 1.97, over the Milwaukee River with a vertical clearance
in the closed position of 12 feet above IGLD85. The Juneau Avenue
Bridge, mile 2.06, over the Milwaukee River with a vertical clearance
in the closed position of 14 feet above IGLD85. The Knapp Street/Park
Freeway Bridge, mile 2.14, over the Milwaukee River with a vertical
clearance in the closed position of 16 feet above IGLD85. The Cherry
Street Bridge, mile 2.29, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Pleasant
Street Bridge, mile 2.58, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Canadian
Pacific Railroad Bridge, mile 1.05, over the Menomonee River with a
vertical clearance in the closed position of 8 feet above IGLD85. The
North Plankinton Avenue Bridge, mile 1.08, over the Menomonee River
with a vertical clearance in the closed position

of 14 feet above IGLD85. The North Sixth Street Bridge, mile 1.37, over
the Menomonee River with a vertical clearance in the closed position of
23 feet above IGLD85. The Ember Lane Bridge, mile 1.95, over the
Menomonee River with a vertical clearance in the closed position of 12
feet above IGLD85. The Sixteenth Street Bridge, mile 2.14, over the
Menomonee River with a vertical clearance in the closed position of 35
feet above IGLD85. The South Sixth Street Bridge, mile 1.51, over the
South Menomonee Canal with a vertical clearance in the closed position
of 8 feet above IGLD85. The Union Pacific Railroad Bridge, mile 1.19,
over the Kinnickinnic River with a vertical clearance in the closed
position of 8 feet above IGLD85. The Kinnickinnic Avenue Bridge, mile
1.67, over the Kinnickinnic River with a vertical clearance in the
closed position of 8 feet above IGLD85. The Canadian Pacific Railroad
Bridge, mile 1.67, over the Kinnickinnic River with a vertical
clearance in the closed position of 15 feet above IGLD85. Finally, the
South First Street Bridge, mile 1.78, over the Kinnickinnic River with
a vertical clearance in the closed position of 14 feet above IGLD85.
These bridges currently operate under Title 33 of the Code of Federal
Regulations (33 CFR) section 117.1093.
    In response to downtown Milwaukee residents' concerns regarding a
pronounced increase in vehicular traffic in the area, the City of
Milwaukee has requested a complete review of the bridge regulations in
this area.
    Over the years these regulations have been amended considerably.
This has had the effect of making them difficult to comprehend to the
average person. Additionally, the cyclic higher water levels over the
past 3 years and increased number of passenger vessels in the downtown
area have resulted in significantly more bridge openings. Finally, the
conversion of older business buildings into condominiums have increased
the evening vehicle traffic causing major traffic delays when the
bridges are lifted. While the Milwaukee River is the primary concern
with residents and mariners, this rulemaking proposes changes to the
language governing bridges in the entire Milwaukee Harbor area, for the
purpose of updating these regulations to accurately reflect the current
operational needs of these bridges and make them easier to understand
by the general public.
    Currently, the Canadian Pacific Railroad Bridge at Mile 1.74 over
the Burnham Canal and the Sixth Street Bridge at Mile 1.37 over the
Menomonee River are closed by regulation and do not need to open for
the passage of vessels. The City of Milwaukee has requested that the
Sixteenth Street Bridge, mile 2.14, over the Menomonee River remain
closed and not open by regulation. No vessels have requested a bridge
opening in at least 10 years and the bridge provides a horizontal
clearance of 120 feet and a vertical clearance of 35 feet above IGLD85,
allowing most vessels to pass under the bridge without an opening. The
Coast Guard is working with the city of Milwaukee to convert the
Sixteenth Street Bridge to a fixed structure.
    Ice has historically hindered or prevented navigation during the
winter months. For the last eight years the Coast Guard has authorized
the drawbridges to open on signal with a 12-hour advance notice of
arrival for vessels from November 19th to April 16th. After careful
review of the drawtender logs provided by the City of Milwaukee, the
Coast Guard proposes to allow all bridges to require a 12-hour advance
notice for openings from November 1st to April 15th each year.
    The City of Milwaukee requested that from 11 p.m. to 7 a.m. daily,
the bridges would open on signal with a 2-hour advance notice. During
these hours the bridges would not be manned and roving drawtenders
would open the bridges for vessels. After reviewing the 2016, 2017, and
2018 drawtender logs it was found that for those hours between April
and November of each year an average of 45 vessels requested openings.
Of these requests an average of 32 openings were between the hours of
11 p.m. and midnight. From midnight to 7 a.m. there were only 13
vessels that requested openings. After reviewing the data we have
concluded that due to a lack of openings from midnight to 7 a.m. that a
two-hour advance notice of arrival for a bridge opening meets the
reasonable needs of navigation.
    The City of Milwaukee also reported receiving several complaints
from residents in the downtown area concerning the noise associated
with the waterfront. To improve the quality of downtown living we
propose to remove the special sound signals listed in the CFR for each
bridge. Mariners would request openings by using the standard sound
signal of one prolonged blast followed by one short blast or by
agreement on VHF-FM Marine Radio or by telephone. From Midnight to 7
a.m. the bridges would require a 2-hour advance notice of arrival
provided by VHF-FM Marine Radio or by telephone, thus reducing some of
the noise associated with the waterfront.
    The City of Milwaukee requests to operate the following bridges
remotely: North Plankinton Avenue, mile 1.08, North Sixth Street, mile
1.37, and North Ember Lane, mile 1.95, all over the Menomonee River.
Each remotely operated bridge will have sufficient equipment to operate
as if a drawtender is in attendance at the bridge. No drawtender will
be responsible for monitoring or operating more than 3 drawbridges at
any time. At a minimum each remotely operated drawbridge will have the
capabilities to communicate by 2-way public address system, equipment
capable of making appropriate sound signals as required, and have
adequate camera systems in place to safely operate the bridge.
    The current regulation allows for no openings from 7:30 a.m. to
8:30 a.m. and from 4:30 p.m. to 5:30 p.m. for vehicular rush hours. The
city has requested to start the evening rush hour at 4 p.m. instead of
4:30 p.m. to help relieve vehicle congestion. The city of Milwaukee
provided the following vehicle data compiled by the Wisconsin
Department of Transportation to support the additional 30 minutes of
evening rush hour times. We have averaged the data into the following
table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Daily average  vehicle      Average vehicle  counts     Average vehicle  counts 4     Average vehicle  counts
             Bridge name                         counts              4:30 p.m.  to 5:30 p.m.         p.m.  to 4:30 p.m.        4:00 p.m.  to 5:30 p.m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Broadway............................  11,201.....................  1,582......................  332........................  1,914.
Water St............................  17,753.....................  1,669......................  742........................  2,411.
St Paul Ave.........................  10,344.....................  No Data....................  No Data....................  No Data.
Clybourn St.........................  11,262.....................  955........................  848........................  1,803.
Michigan St.........................  10,484.....................  1,202......................  304........................  1,506.
Wisconsin Ave.......................  10,423.....................  1,144......................  323........................  1,467.
Wells St............................  8,372......................  1,114......................  295........................  1,409.
Kilbourn Ave........................  15,590.....................  No Data....................  No Data....................  No Data.

Juneau Ave..........................  7,265......................  No Data....................  No Data....................  No Data.
Cherry St...........................  No Data....................  No Data....................  No Data....................  No Data.
Pleasant St.........................  6,307......................  No Data....................  882 PEAK...................  No Data.
Knapp St............................  20,792.....................  No Data....................  No Data....................  No Data.
Kinnickinnic Ave....................  17,019.....................  No Data....................  No Data....................  No Data.
South First St......................  12,992.....................  No Data....................  No Data....................  No Data.
North Plankinton Ave................  6,578......................  No Data....................  768 PEAK Daily.............  No Data.
North 6th St........................  15,045.....................  No Data....................  No Data....................  No Data.
South 6th St........................  15,045.....................  No Data....................  No Data....................  No Data.
(Muskego) Emmber Ln.................  4,616......................  No Data....................  No Data....................  No Data.
1st Street..........................  13,772.....................  No Data....................  902........................  4,107.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Based on the data provided we intend to extend the rush hour times of
no lifts to 4 p.m. to 5:30 p.m. Monday through Friday, except Federal
Holidays.
    Additionally, at the time when the original regulation was being
written the stipulating regulation regarding the opening of bridges for
public safety vessels had not yet been promulgated. An exception was
included for vessels carrying U.S. mail and vessels that carry over 50
passengers for hire. The mail service no longer arrives by vessel.
Limiting the exclusion by passenger count excludes other commercial
vessels from transiting the river. This exclusion is only for the times
the bridges do not need to open during high traffic times. During the
test deviation, which is planned for the summer of 2020, the intent is
to modify this exception to read: ``vessels documented at 10 tons or
more.'' This prevents tug and barge, cement boats, some passenger
vessels, and other large vessels (commercial or recreational) from
getting trapped between bridges, which creates an especially unsafe
condition.
    The new exemption only prevents vessels from being trapped between
bridges and does not exempt vessels from any times the bridges are not
required to open. In other Great Lakes ports exemptions are allowed for
safety reasons, it prevents a large vessel from station keeping in a
restricted area with other smaller craft that could be damaged from the
larger vessel. Additionally, if all commercial vessels were given a
complete exemption to the periods where no bridge openings are
required, also known as ``Rush Hours,'' then there would be no relief
for the traffic congestion the downtown area is experiencing.
    The two-hour advance notice requirement for all other bridges as
noted in the ANPRM, has been in place since 1965 with no request to
amend it. Most of these bridges have a clearance of 14 feet above
IGLD85 or have limited requests for openings.
    The test deviation will start at midnight on April 15, 2020 and end
at midnight on November 1, 2020.
    The operating schedule authorized:
    The draws of the bridges over the Milwaukee River shall operate as
follows:
    (1) The draws of the North Broadway Street bridge, mile 0.5, and
North Water Street bridge, mile 0.6, and Michigan Street bridge, mile
1.1, shall open on signal; except that, from April 16th through
November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draws need not be
opened, and from midnight to 7 a.m. Monday through Saturday, except
Federal holidays, the bridges will open on signal if a 2-hour advance
notice is provided.
    (2) The draws of all other bridges across the Milwaukee River shall
open on signal if at least 2-hours' notice is given except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened.
    (3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; St
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Wells Street, mile
1.61, Kilbourn Street, mile 1.70, State Street, mile 1.79, Highland
Avenue, mile 1.97, and Knapp Street, mile 2.14.
    (4) No vessel documented 10 tons or greater shall be held between
any bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the
Milwaukee River will open on signal if a 12-hour advance notice is
provided. The draws of bridges across the Menomonee River and South
Menomonee Canal operate as follows:
    (1) The draw of the North Plankinton Avenue bridge across the
Menomonee River, mile 1.08, shall open on signal; except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened, and from midnight to 7 a.m. Monday through
Friday, except Federal holidays, the bridges will open on signal if a
2-hour advance notice is provided.
    (2) The draws of all other bridges across the Menomonee River and
South Menomonee Canal shall open on signal if at least 2-hours' notice
is given except that, from April 16th through November 1st, from 7:30
a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through Friday,
except Federal holidays, the draws need not be opened.
    (3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section;
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and
North Ember Lane, mile 1.95, all over the Menomonee River and South
Sixth Street, mile 1.51, over the South Menomonee Canal.
    (4) No commercial vessel over 50 tons shall be held between any
bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the
Menomonee River and South Menomonee Canal will open on signal if a 12-
hour advance notice is provided.
    The draws of bridges across the Kinnickinnic River operate as
follows:
    (1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall
open on signal; except that, from April 16th through November 1st, from
7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through
Friday, except Federal holidays, the draws need not be opened, and from
midnight to 7 a.m. Monday through Friday, except Federal holidays, the
bridges will open on signal if a 2-hour advance notice is provided.
    (2) The draws of all other bridges across the Kinnickinnic River
shall open on signal if at least 2-hours' notice is given except that,
from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and
from 4 p.m. to 5:30 p.m.

Monday through Friday, except Federal holidays, the draws need not be
opened.
    (3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; The
South First Street Bridge, mile 1.78.
    (4) No commercial vessel over 50 tons shall be held between any
bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the
Kinnickinnic River will open on signal if a 12-hour advance notice is
provided.
    The Canadian Pacific Railroad Bridge at Mile 1.74 over the Burnham
Canal, and the Sixteenth Street Bridge, mile 2.14, over the Menomonee
River are closed by regulation and do not need to open for the passage
of vessels.
    During non-special event weekdays the owners of all affected
bridges will provide records showing the dates and times of bridge
openings and the type of vessels the bridge opened for. The city of
Milwaukee will also provide information on the vehicle congestion
caused or improved by the temporary deviation by providing the number
of vehicles waiting for the bridge to close after a vessel passes.
    Because we took into consideration the comments from the ANPRM,
vehicle counts, and past three years of vehicle counts, we believe the
test deviation will have a limited impact on vessels.
    The city of Milwaukee held public discussions about the potential
rule change through public works meetings conducted throughout the
summer of 2018. Prior to asking for our review, this office reached out
to several commercial vessels which operate on the affected waterways
prior to the release of the ANPRM. These actions were aimed at
developing a test deviation that took all pertinent comments and
concerns under consideration.
    Vessels that can safely pass under the bridge without an opening
may do so at any time. The Coast Guard will also inform the users of
the waterways of the change in operating schedule for the bridges
through our Local and Broadcast Notices to Mariners.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking.
Should you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. Documents mentioned in this
NPRM as being available in this docket and all public comments, will be
in our online docket at http://www.regulations.gov, and can be viewed
by following that website's instructions. Additionally, if you go to
the online docket and sign up for email alerts, you will be notified
when comments are posted or a final rule is published.

    Dated: February 25, 2020.
D. L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-04659 Filed 3-6-20; 8:45 am]
 BILLING CODE 9110-04-P


2. Executive Order 13084: Consultation and Coordination With Indian Tribal Governments Under Executive Order 13084, EPA may not issue a regulation that is not required by statute, that significantly or uniquely affects the communities of Indian Tribal governments, and that imposes substantial direct compliance costs on those communities, unless the federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments, or EPA consults with those governments. If EPA complies by consulting, Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected officials and other representatives of Indian tribal governments `` to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.'' Today's rule does not significantly or uniquely affect the communities of Indian Tribal governments. The motor VerDate 27< JAN> 2000 21: 29 Feb 09, 2000 Jkt 190000 PO 00000 Frm 00124 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 10FER2. SGM pfrm08 PsN: 10FER2 6821 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations vehicle emissions, motor vehicle fuel, and other related requirements for private businesses in today's rule would have national applicability, and thus would not uniquely affect the communities of Indian Tribal Governments. Further, no circumstances specific to such communities exist that would cause an impact on these communities beyond those discussed in the other sections of today's document. Thus, EPA's conclusions regarding the impacts from the implementation of today's rule discussed in the other sections of this preamble are equally applicable to the communities of Indian Tribal governments. Accordingly, the requirements of section 3( b) of Executive Order 13084 do not apply to this rule.

3. Executive Order 13132 ( Federalism) Executive Order 13132, entitled `` Federalism'' ( 64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects 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. Under Section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law, unless the Agency consults with State and local officials early in the process of developing the proposed regulation. Section 4 of the Executive Order contains additional requirements for rules that preempt State or local law, even if those rules do not have federalism implications ( i. e., the rules will not have substantial direct effects 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). Those requirements include providing all affected State and local officials notice and an opportunity for appropriate participation in the development of the regulation. If the preemption is not based on express or implied statutory authority, EPA also must consult, to the extent practicable, with appropriate State and local officials regarding the conflict between State law and Federally protected interests within the agency's area of regulatory responsibility. This final rule does not have federalism implications. It will not have substantial direct effects 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, as specified in Executive Order 13132. This rule adopts national emissions standards for certain categories of motor vehicles and national standards to control gasoline sulfur. The requirements of the rule will be enforced by the federal government at the national level. Thus, the requirements of section 6 of the Executive Order do not apply to this rule. Although section 6 of Executive Order 13132 does not apply to this rule, EPA did consult with State and local officials in developing this rule. In addition, EPA provided state and local officials an opportunity to comment on the proposed regulations. A summary of concerns raised by commenters, including state and local commenters, and EPA's response to those concerns, is found in the Response to Comments document for this rulemaking. This final rule preempts State and local controls or prohibitions respecting gasoline sulfur content, pursuant to Section 211( c)( 4) of the Clean Air Act. The basis and scope of preemption is described in Section IV. C. 1. d of this notice. Although this rule was proposed before the November 2, 1999 effective date of Executive Order 13132, EPA provided State and local officials notice and an opportunity for appropriate participation when it published the proposed rule, as described above. Thus, EPA has complied with the requirements of section 4 of the Executive Order.

E. National Technology Transfer and Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Section 12( d) of Public Law 104   113, directs EPA to use voluntary consensus standards in its regulatory activities unless it would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( e. g., materials specifications, test methods, sampling procedures, and business practices) developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule references technical standards adopted by the Agency through previous rulemakings. No new technical standards are established in today's rule. The standards referenced in today's rule involve the measurement of gasoline fuel parameters and motor vehicle emissions. The measurement standards for gasoline fuel parameters referenced in today's proposal are all voluntary consensus standards. The motor vehicle emissions measurement standards referenced in today's rule are government unique standards that were developed by the Agency through previous rulemakings. These standards have served the Agency's emissions control goals well since their implementation and have been well accepted by industry. EPA is not aware of any voluntary consensus standards for the measurement of motor vehicle emissions. Therefore, the Agency is using the existing EPA developed standards found in 40 CFR Part 86 for the measurement of motor vehicle emissions F. Executive Order 13045: Children's Health Protection Executive Order 13045, `` Protection of Children from Environmental Health Risks and Safety Risks'' ( 62 FR 19885, April 23, 1997) applies to any rule that ( 1) is determined to be `` economically significant'' as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, section 5   501 of the Order directs the Agency to evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is subject to the Executive Order because it is an economically significant regulatory action as defined by Executive Order 12866 and it concerns in part an environmental health or safety risk that we have reason to believe may have a disproportionate effect on children. This rulemaking will achieve significant reductions of various emissions from passenger cars and light trucks, primarily NOX, but also NMOG VerDate 27< JAN> 2000 21: 29 Feb 09, 2000 Jkt 190000 PO 00000 Frm 00125 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 10FER2. SGM pfrm08 PsN: 10FER2 6822 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations and PM. These pollutants raise concerns regarding environmental health or safety risks that EPA has reason to believe may have a disproportionate effect on children, such as impacts from ozone, PM and certain toxic air pollutants. See Section III of this preamble and the RIA for a further discussion of these issues. The effects of ozone and PM on children's health were addressed in detail in EPA's rulemaking to establish the NAAQS for these pollutants, and we are not revisiting those issues here. We believe, however, that the emission reductions from the strategies established in this rulemaking will further reduce air toxics and the related adverse impacts on children's health. We will be addressing the issues raised by air toxics from motor vehicles and their fuels in a separate rulemaking that we will initiate in the near future under section 202( l) of the Act. That rulemaking will address the emissions of hazardous air pollutants from vehicles and fuels, and the appropriate level of control of HAPs from these sources. In this final rule, we have evaluated several regulatory strategies for reductions in emissions from passenger cars and light trucks. ( See sections IV, V, and VI of this preamble as well as the RIA.) For the reasons described there, we believe that these strategies are preferable under the Clean Air Act to other potentially effective and reasonably feasible alternatives that we considered for purposes of reducing emissions from these sources ( as a way of helping areas achieve and maintain the NAAQS for ozone and PM). Moreover, we believe that we have selected for proposal the most stringent and effective control reasonably feasible at this time, in light of the technology and cost requirements of the Act.

G. Congressional Review Act The congressional review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is a `` major rule'' as defined by 5 U. S. C. 804( 2). IX. Statutory Provisions and Legal Authority Statutory authority for the vehicle controls set in today's final rule can be found in sections 202, 206, 207, 208, and 301 of the Clean Air Act ( CAA), as amended, 42 U. S. C. sections 7521, 7525, 7541, 7542 and 7601. Statutory authority for the fuel controls set in today's final rule comes from section 211( c) of the CAA ( 42 U. S. C., section 7545( c)), which allows EPA to regulate fuels that either contribute to air pollution which endangers public health or welfare or which impair emission control equipment. Both criteria are satisfied for the gasoline sulfur controls we are establishing today. Additional support for the procedural and enforcementrelated aspects of the fuel's controls in today's final rule, including the record keeping requirements, comes from sections 114( a) and 301( a) of the CAA.

List of Subjects 40 CFR Part 80 Environmental protection, Air pollution control, Fuel additives, Gasoline, Imports, Incorporation by reference, Labeling, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements.

40 CFR Part 85 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Labeling, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements, Research, Warranties.

40 CFR Part 86 Environmental protection, Administrative practice and procedure, Confidential business information, Incorporation by reference, Labeling, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements.

Dated: December 21, 1999. Carol M. Browner, Administrator.

For the reasons set forth in the preamble, parts 80, 85 and 86 of title 40, of the Code of Federal Regulations are amended as follows:

PART 80   REGULATION OF FUELS AND FUEL ADDITIVES 1. The authority citation for part 80 continues to read as follows:

Authority: Secs. 114, 211, and 301( a) of the Clean Air Act, as amended ( 42 U. S. C. 7414, 7545 and 7601( a)). 2. Section 80.2 is amended by removing and reserving paragraph ( aa), adding paragraph ( d), and revising paragraphs ( h), ( s) and ( gg) to read as follows:

§ 80.2 Definitions.

* * * * * ( d) Previously certified gasoline means gasoline or RBOB that previously has been included in a batch for purposes of complying with the standards for reformulated gasoline, conventional gasoline or gasoline sulfur, as appropriate. * * * * * ( h) Refinery means any facility, including but not limited to, a plant, tanker truck, or vessel where gasoline or diesel fuel is produced, including any facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel. * * * * * ( s) Gasoline blending stock, blendstock, or component means any liquid compound which is blended with other liquid compounds to produce gasoline. * * * * * ( gg) Batch of gasoline means a quantity of gasoline that is homogeneous with regard to those properties that are specified for conventional or reformulated gasoline. * * * * * 3. Section 80.46 is amended by revising paragraphs ( a) and ( h) to read as follows:

§ 80.46 Measurement of reformulated gasoline fuel parameters.

( a) Sulfur. Sulfur content of gasoline and butane must be determined by use of the following methods: ( 1) The sulfur content of gasoline must be determined by use of American Society for Testing and Materials ( ASTM) standard method D 2622   98, entitled `` Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X ray Fluorescence Spectrometry.'' ( 2) The sulfur content of butane must be determined by the use of ASTM standard method D 3246   96, entitled `` Standard Test Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry.'' * * * * * ( h) Incorporations by reference. ASTM standard methods D 2622   98, D 3246   96, D 3606   92, D 1319   93, D 4815   93, and D 86   90 with the exception of the degrees Fahrenheit figures in Table 9 of D 86   90, are incorporated by reference. These VerDate 27< JAN> 2000 21: 29 Feb 09, 2000 Jkt 190000 PO 00000 Frm 00126 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 10FER2. SGM pfrm08 PsN: 10FER2


[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18283-18284]
[FR Doc No: 2019-08678]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0374; FRL-9991-73]

Pesticide Experimental Use Permit; Receipt of Application;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's receipt of application 89668-EUP-3
from MosquitoMate, Inc., requesting an experimental use permit (EUP)
for the bacterium Wolbachia pipientis, strain wAlbB in live male Aedes
aegypti (strain WB1) mosquitoes. EPA has determined that the permit may
be of regional or national significance. Therefore, because of the
potential significance, EPA is seeking comments on this application.

DATES: Comments must be received on or before May 30, 2019.

ADDRESSES: Submit your comments, identified by Docket Identification
(ID) Number EPA-HQ-OPP-2015-0374, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and

Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, EPA has not attempted to describe all
the specific entities that may be affected by this action.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark 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 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 will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, EPA
seeks information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical or disproportionately high and adverse human health
impacts or environmental effects from exposure to the pesticide
discussed in this document, compared to the general population.

II. What action is the agency taking?

    Under section 5 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to
field test pesticides under development. Manufacturers are required to
obtain an EUP before testing new pesticides or new uses of pesticides
if they conduct experimental field tests on more than 10 acres of land
or more than one surface acre of water.
    Pursuant to 40 CFR 172.11(a), EPA has determined that the following
EUP application may be of regional or national significance, and
therefore is seeking public comment on the EUP application:
    Submitter: MosquitoMate, Inc.
    Pesticide chemical: Wolbachia pipientis, strain wAlbB.
    Summary of request: MosquitoMate, Inc. (MosquitoMate) has proposed
to continue to field test a new strain of Wolbachia pipientis (wAlbB)
to determine its efficacy to affect local populations of the Aedes
aegypti mosquito. Under the previously approved EUP that expired on
December 31, 2018, MosquitoMate was authorized to release and monitor
up to 681,600,000 male Aedes aegypti mosquitoes, that carry the
pesticidal active ingredient Wolbachia pipientis, strain wAlbB (0.168
ounces/year), at specific sites in California, Florida, and Texas over
a 2-year period. The combined acreage for that EUP was 8,830 for 2017
and 2018, respectively.
    MosquitoMate has requested to amend and extend the preceding EUP
for this pesticidal active ingredient for testing in California and
Texas, and to add test sites in Puerto Rico and the U.S. Virgin
Islands. Specifically, the applicant is requesting a total of 65,100
acres for the 2 year testing period in the following states and
territories: California 36,000 acres (for 2019, no releases in 2020),
Texas (300 acres in 2019 and 800 acres in 2020), Puerto Rico (1,000
acres in 2019 and 6,000 acres in 2020), U.S. Virgin Islands (1,000
acres in 2019 and 20,000 acres in 2020). A combined total of 0.221 oz
(0.061 oz in 2019 and 0.16 oz in 2020) of the pesticide active
ingredient Wolbachia pipientis, strain wAlbB, contained in 447,300,000
male Aedes aegypti mosquitoes, strain WB1, are proposed to be released
over the course of the EUP. This end-use product is not proposed for
food use and the EPA has not been petitioned to establish a tolerance
under Section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 301 et. seq.
    Following the review of the application and any comments and data
received in response to this solicitation, EPA will decide whether to
issue or deny the EUP request, and if issued, the conditions under
which it is to be conducted. Any issuance of an EUP will be announced
in the Federal Register.

    Authority: 7 U.S.C. 136 et seq.

    Dated: April 17, 2019.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 2019-08678 Filed 4-29-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Page 60669]
[FR Doc No: 2022-21765]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1773-042]

Moon Lake Electric Association, Inc.; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC)
regulations, 18 Code of Federal Regulations (CFR) part 380, Commission
staff reviewed Moon Lake Electric Association, Inc.'s application to
surrender the project license of the Yellowstone Hydroelectric Project
No. 1773 and have prepared an Environmental Assessment (EA). The
licensee proposes to surrender the license for the project and
decommission the project facilities, which includes removing the
project dam, abutments, and penstock. The licensee would also restore
the reach of the Yellowstone River affected by the dam and reservoir by
using sediments to rebuild the channel, and reclaim upland areas
disturbed. The project is located on the Yellowstone River in Duchesne
County, Utah, within the Ashley National Forest, administered by the
U.S. Department of Agriculture's Forest Service, and within the Uintah
and Ouray Reservations.
    The EA contains Commission staff's analysis of the potential
environmental effects of the proposed surrender of the project license,
and concludes that, with appropriate environmental protective measures,
it would not constitute a major federal action that would significantly
affect the quality of the human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA 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. For assistance, contact FERC Online
Support at [email protected] or toll-free at<PHONE_NUMBER>,
or for TTY,<PHONE_NUMBER>.
    You may also register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    For further information, contact Marybeth Gay at<PHONE_NUMBER> or
[email protected].

    Dated: September 30, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21765 Filed 10-5-22; 8:45 am]
BILLING CODE 6717-01-P