[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Proposed Rules]
[Pages 71506-71509]
[FR Doc No: 2023-22488]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1995; Project Identifier MCAI-2023-00905-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A318, A319, A320, and A321 series
airplanes. This proposed AD was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. This proposed
AD would require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 1,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1995; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-1995.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1995; Project Identifier
MCAI-2023-00905-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0151, dated July 25, 2023 (EASA
AD 2023-0151) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS A318-111, A318-112, A318-121, A318-122,
A319-111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132,
A319-133, A319-151N, A319-153N, A319-171N, A320-211, A320-212, A320-
214, A320-215, A320-216, A320-231, A320-232, A320-233, A320-251N, A320-
252N, A320-253N, A320-271N, A320-272N, A320-273N, A321-111, A321-112,
A321-131, A321-211, A321-212, A321-213, A321-231, A321-232, A321-251N,
A321-251NX, A321-252N, A321-252NX, A321-253N, A321-253NX, A321-271N,
A321-271NX, A321-272N, and A321-272NX airplanes. Model A320-215
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this proposed AD

therefore does not include those airplanes in the applicability. The
MCAI states that new or more restrictive airworthiness limitations have
been developed.
    EASA AD 2023-0151 specifies that it requires a task (limitation)
related to the center wing box front spar stiffeners already in Airbus
A318/A319/A320/A321 ALS Part 2 DT-ALI Revision 09 or A318/A319/A320/
A321 ALS Part 2 DT-ALI Revision 09 Variation 9.2 that are required by
EASA AD 2022-0085 and EASA AD 2023-0008 respectively (which correspond
to FAA AD 2023-13-10, Amendment 39-22495 (88 FR 50005, August 1, 2023)
(AD 2023-13-10)), and that incorporation of EASA AD 2023-0151
invalidates (terminates) prior instructions for that task. This
proposed AD therefore would terminate the limitations for tasks
identified in the service information referenced in EASA AD 2023-0151
only, as required by paragraph (o) of AD 2023-13-10.
    The FAA is proposing this AD to address fatigue cracking,
accidental damage, or corrosion in principal structural elements, which
could result in reduced structural integrity of the airplane. You may
examine the MCAI in the AD docket at regulations.gov under Docket No.
FAA-2023-1995.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0151, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. 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 ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2023-0151 described previously, as incorporated by reference. Any
differences with EASA AD 2023-0151 are identified as exceptions in the
regulatory text of this proposed AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0151 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0151 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2023-0151 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0151. Service information required by EASA AD 2023-0151 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2023-1995 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOC paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,680 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA

with promoting safe flight of civil aircraft in air commerce by
prescribing regulations for practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2023-1995; Project Identifier MCAI-2023-
00905-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 1, 2023.

(b) Affected ADs

    This AD affects AD 2023-13-10, Amendment 39-22495 (88 FR 50005,
August 1, 2023) (AD 2023-13-10).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before May 12, 2023.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, accidental damage, or
corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0151, dated July 25, 2023 (EASA AD 2023-0151).

(h) Exceptions to EASA AD 2023-0151

    (1) This AD does not adopt the requirements specified in
paragraph (1) and (2) of EASA AD 2023-0151.
    (2) Where paragraph (3) of EASA AD 2023-0151 specifies ``Within
12 months after the effective date of this AD, revise the approved
AMP,'' this AD requires replacing those words with ``Within 90 days
after the effective date of this AD, revise the existing maintenance
or inspection program, as applicable.''
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0151 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0151, or within 90 days after the effective date of
this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph
(4) of EASA AD 2023-0151.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0151.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0151.

(j) Terminating Action for Certain Tasks Required by AD 2023-13-10

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2023-13-10 for the tasks identified
in the service information referenced in EASA AD 2023-0151 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (l) of this AD. Information may be emailed to: [email protected]. 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: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(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.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0151,
dated July 25, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0151, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    (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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22488 Filed 10-16-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Notices]
[Pages 44796-44798]
[FR Doc No: 2023-14867]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1020-025; ER10-1078-025; ER10-1080-025; ER10-
1081-026; ER10-2178-041; ER10-2179-035; ER10-2180-029; ER10-2181-037;
ER10-2182-036; ER10-2192-041; ER10-3308-028; ER11-2056-023; ER13-1536-
025; ER14-1524-010; ER14-2145-009; ER15-2293-004; ER16-2194-004; ER16-
2708-004; ER17-2201-005.
    Applicants: Constellation FitzPatrick, LLC, West Medway II, LLC,
Clinton Battery Utility, LLC, Fair Wind Power Partners, LLC, Fourmile
Wind Energy, LLC, Constellation Power Source Generation, LLC,
Constellation Energy

Generation, LLC, Constellation Mystic Power, LLC, Criterion Power
Partners, LLC, Constellation Energy Commodities Group Maine, LLC, R.E.
Ginna Nuclear Power Plant, LLC, Nine Mile Point Nuclear Station, LLC,
Handsome Lake Energy, LLC, Calvert Cliffs Nuclear Power Plant, LLC,
Constellation NewEnergy, Inc., Constellation Wyman, LLC, Constellation
West Medway, LLC, Constellation New Boston, LLC Constellation
Framingham, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Constellation Framingham, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5444.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-1511-010; ER10-2231-008.
    Applicants: Kentucky Utilities Company, Louisville Gas and Electric
Company.
    Description: Triennial Market Power Analysis for Southeast Region
of Louisville Gas and Electric Company, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5460.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-1520-012; ER10-1521-012; ER10-2611-025; ER11-
2044-041; ER11-3876-028; ER13-1266-046; ER15-2211-043; ER18-1419-006;
ER20-2493-007; ER22-1385-005; ER23-676-002; ER23-674-002.
    Applicants: BHE Wind Watch, LLC, BHE Power Watch, LLC, BHER Market
Operations, LLC., OTCF, LLC, Walnut Ridge Wind, LLC, MidAmerican Energy
Services, LLC, CalEnergy, LLC, Cordova Energy Company LLC, MidAmerican
Energy Company, Saranac Power Partners, L.P., Occidental Power
Marketing, L.P., Occidental Power Services, Inc.
    Description: Triennial Market Power Analysis for NortheastRegion of
Occidental Power Services, Inc., et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5480.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-1586-011; ER10-1630-011.
    Applicants: Wolf Hills Energy, LLC, Big Sandy Peaker Plant, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Big Sandy Peaker Plant, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5465.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-2717-038.
    Applicants: EFS Parlin Holdings, L.L.C.
    Description: Triennial Market Power Analysis for Northeast Region
of EFS Parlin Holdings, LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5446.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-2881-040; ER10-2882-040; ER10-2883-038; ER10-
2884-038; ER16-2509-009; ER17-2400-010; ER17-2401-010; ER17-2403-010;
ER17-2404-010.
    Applicants: SP Sandhills Solar, LLC, SP Pawpaw Solar, LLC, SP
Decatur Parkway Solar, LLC, SP Butler Solar, LLC, Rutherford Farm, LLC,
Georgia Power Company, Mississippi Power Company, Southern Power
Company, Alabama Power Company.
    Description: Triennial Market Power Analysis for Southeast Region
of Alabama Power Company, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5482.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-3078-006; ER10-3079-021; ER19-2564-003.
    Applicants: Hickory Run Energy, LLC, Tyr Energy, LLC, Commonwealth
Chesapeake Company LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Commonwealth Chesapeake Company LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5458.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-3115-010.
    Applicants: Waterside Power, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Waterside Power, LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5466.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER10-3286-016; ER10-3299-015.
    Applicants: New Athens Generating Company, LLC, Millennium Power
Company LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of New Athens Generating Company, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5473.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER11-3407-009; ER23-9-001; ER23-691-001; ER23-692-
001.
    Applicants: Hecate Energy Albany 2 LLC, Hecate Energy Albany 1 LLC,
Doc Brown LLC, Howard Wind LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Howard Wind, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5457.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER12-1260-017; ER13-1793-016; ER15-1494-003; ER22-
541-001; ER22-542-001; ER22-543-001; ER22-544-001; ER22-545-001.
    Applicants: NSF Chaumont Site 5 LLC, NSF Chaumont Site 4 LLC, NSF
Chaumont Site 3 LLC, NSF Chaumont Site 2 LLC, NSF Chaumont Site 1 LLC,
Convergent Energy and Power LP, Hazle Spindle, LLC, Stephentown
Spindle, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Stephentown Spindle, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5438.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER12-1436-018; ER18-280-007; ER18-533-005; ER18-
534-005; ER18-535-005; ER18-536-005; ER18-537-005; ER18-538-006; ER22-
48-002.
    Applicants: Gridflex Generation, LLC, Sidney, LLC, Monument
Generating Station, LLC, O.H. Hutchings CT, LLC, Yankee Street, LLC,
Montpelier Generating Station, LLC, Tait Electric Generating Station,
LLC, Lee County Generating Station, LLC, Eagle Point Power Generation
LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Eagle Point Power Generation LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5488.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER12-1561-005; ER15-1348-003; ER13-823-008; ER17-
424-010.
    Applicants: Salem Harbor Development LP, Castleton Commodities
Merchant Trading L.P., Roseton Generating LLC, Rensselaer Generating
LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Rensselaer Generating LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5462.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER14-2102-004.
    Applicants: Danskammer Energy, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Danskammer Energy, LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5464.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER16-29-002; ER18-234-002; ER18-236-002; ER18-237-
002; ER18-238-002; ER18-239-002.
    Applicants: GSP Lost Nation LLC, GSP Schiller LLC, GSP White Lake
LLC, GSP Merrimack LLC, GSP Newington LLC, Greenidge Generation LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Greenidge Generation LLC, et al.

    Filed Date: 7/3/23.
    Accession Number: 20230703-5289.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER16-2278-004.
    Applicants: Cube Yadkin Generation LLC.
    Description: Triennial Market Power Analysis for Southeast Region
of Cube Yadkin Generation LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5467.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER17-242-016; ER17-243-016; ER17-245-016; ER17-256-
017; ER17-652-016.
    Applicants: Lightstone Marketing LLC, Darby Power, LLC, Waterford
Power, LLC, Lawrenceburg Power, LLC, Gavin Power, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Gavin Power, LLC, et al.
    Filed Date: 7/3/23.
    Accession Number: 20230703-5288.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER17-242-017; ER17-243-017; ER17-245-017; ER17-256-
018; ER17-652-017.
    Applicants: Lightstone Marketing LLC, Darby Power, LLC, Waterford
Power, LLC, Lawrenceburg Power, LLC, Gavin Power, LLC.
    Description: Notice of Non-Material Change in Status of Gavin
Power, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5487.
    Comment Date: 5 p.m. ET 7/21/23.

    Docket Numbers: ER19-1281-008.
    Applicants: Lexington Chenoa Wind Farm LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Lexington Chenoa Wind Farm LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5474.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER19-2583-002.
    Applicants: Green River Wind Farm Phase 1, LLC.
    Description: Triennial Market Power Analysis for Northwest Region
of Green River Wind Farm Phase 1, LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5476.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER21-1755-004; ER23-1642-001.
    Applicants: NE Renewable Power, LLC, Hartree Partners, LP.
    Description: Triennial Market Power Analysis for Northeast Region
of Hartree Partners, LP, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5472.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER22-2422-002.
    Applicants: SR Turkey Creek, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of SR Turkey Creek, LLC.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5470.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER22-2643-002; ER23-666-001; ER23-1967-001.
    Applicants: Three Corners Prime Tenant, LLC, Foxhound Solar, LLC,
Three Corners Solar, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Three Corners Solar, LLC, et al.
    Filed Date: 6/30/23.
    Accession Number: 20230630-5445.
    Comment Date: 5 p.m. ET 8/29/23.

    Docket Numbers: ER23-1936-000.
    Applicants: Elektron Power LLC.
    Description: Supplement to May 23, 2023 Elektron Power LLC tariff
filing.
    Filed Date: 7/5/23.
    Accession Number: 20230705-5181.
    Comment Date: 5 p.m. ET 7/19/23.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES23-54-000.
    Applicants: DCR Transmission, L.L.C.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of DCR Transmission, L.L.C.
    Filed Date: 7/5/23.
    Accession Number: 20230705-5183.
    Comment Date: 5 p.m. ET 7/26/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 7, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14867 Filed 7-12-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 8, 2007 (Volume 72, Number 45)]
[Notices]
[Page 10509-10510]
[DOCID:fr08mr07-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-632-022]

Dominion Transmission, Inc.; Notice of Compliance Filing

March 2, 2007.
    Take notice that on February 20, 2007, Dominion Transmission, Inc.
(DTI) tendered for filing its addendum to the 2006 informational fuel
report filed with the Commission on June 30, 2006 in Docket No. RP00-
632-021.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on March 9, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-4119 Filed 3-7-07; 8:45 am]

BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 13, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18796

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    JetBlue Airways Corporation          filed   8/2/04
for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and Nassau, Bahamas.

Applicant rep:  Jonathan B. Hill<PHONE_NUMBER>    DOT Analyst:
Sylvia Moore<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted

The above action was effective when taken:   August 13, 2004, through
August 13, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the United Kingdom, to which the Bahamas
acceded upon its independence.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

Remarks:  We acted on this application without awaiting expiration of
the 15-day answer period with the consent of all parties served.

________________________________________________________________________
_____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our

action was consistent with Department policy; (2) grant of the exemption
authority was consistent with the public interest; and (3) grant of the
authority would not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.  To the extent not granted,
we denied all requests in the referenced Docket.  We may amend, modify,
or revoke the authority granted in this Notice at any time without
hearing at our discretion.

2

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

			  05/2004

 JetBlue initially intends to provide service between New York and
Nassau.


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES May 8, 2002 MEMORANDUM SUBJECT: HED Response to Registrants 30 Day Error Only Comments Concerning the Preliminary Residential Risk and Exposure Assessment for Fenarimol, as Part of the Human Health Assessment for the Tolerance Reassessment Eligibility Decision ( TRED) Document. Chemical No. 206600. No MRID #. DP Barcode No. D282386.

FROM: Barry O'Keefe, Residential Exposure Assessor Reregistration Branch 3 Health Effects Division ( 7509C)

THRU: Catherine Eiden, Branch Senior Scientist Reregistration Branch 3 Health Effects Division ( 7509C)

TO: Tom Myers, Chemical Review Manager Special Review and Reregistration Division ( 7508C)

This review is in response to Gowan Company's comments and questions concerning the residential risk and exposure assessment portion of the Health Effects Division's ( HED's) Tolerance Reassessment Eligibility Decision ( TRED) document for fenarimol. Gowan Company made several comments and asked several questions concerning this assessment. Gowan Company's comments and questions, and the HED's responses are as follows:

Comment/ Question # 1: Gowan Company agreed with the Agency that the two methods of applying the Riverdale Chemical Company's granular product ( EPA Reg. No. 228 298) should be prohibited on the label; i. e. the bellygrinder for broadcast application or hand application for spot treatments. Gowan commented that the possibility of either a homeowner or professional applicator choosing either one of these application methods is remote given the fact that up to 350 lb of product per acre can be applied.

HED Response: The HED is required to assess these two application method scenarios, since the label does not prohibit handlers from applying this granular product using these application methods. The HED does not consider the application of 350 lb of product per acre to be a remote possibility. However, the preliminary risk assessment was based upon 0.5 acres treated for the bellygrinder scenario, and 0.023 ( 1000 ft2) acres treated for the hand application spot treatment scenario. HED recommends prohibition of these two types of application for granular products; i. e. broadcast by 2 belly grinder, and spot treatment by hand.

Comment/ Question # 2: Gowan agreed with the Agency's recommendation that prompt watering in should be required for the granular product used on residential turf.

HED Response: HED actually recommended that label language should be strengthened to ensure that watering in occurs immediately after application for all end use products used on turf. This recommendation was not exclusive only to the granular product, nor was it exclusive only to residential turf. HED recommends that all end use products be watered in immediately after application on turf, lawns and playing fields. However, watering in immediately after application cannot be mandated on the labels, because there is no way to ensure that applicators will adhere to this direction. Also, watering in would probably be a lot more difficult to do on playing fields, than on home lawns.

Comment/ Question # 3: Gowan stated that the Agency's exposure calculations compounded a number of conservative default assumptions, as follows:

Comment/ Question # 3a: Gowan stated that the Agency used a 5% transfer coefficient from turf that is two orders of magnitude higher than the transfer coefficients observed with other liquid products on turf.

HED Response: As stated in the preliminary risk assessment, HED used the Agency's SOP default transfer efficiency rate ( percent of application rate) of 5%; i. e. 5% of application rate available for transfer from treated turf to wet hands. HED will continue to use this 5% transfer efficiency rate until data indicate that a different rate should be used. Data from the registrant submitted turf transfer residue ( TTR) study showed that 6.1%, 0.85% and 0.59% ( for CA, IN and MS, respectively) of the applied fenarimol was detected on turf immediately after application. This study itself was of poor quality, and therefore the data were not used to generate risk estimates because the data were too variable, and because no relevant transfer coefficient exists for the California roller method that was used in this study.

There is interdependence of the transferable residue value and the human activity expressed in the transfer coefficient ( TC). The TC for short term exposures is based on a study by Formoli ( 1996) evaluated by the California Department of Pesticide Regulation ( CDPR), in which propetamaphos was applied to carpets. The transferable residues in that study were approximately 1% of the application rate. The TTR method used to measure concurrent transferable residues was the California roller ( also referred to as the cloth roller and CDFA roller). Other proprietary studies using this method suggest 1.6 3% transferability. The California EPA, in a letter to the USEPA during the time the SOPs were taken to the USEPA Science Advisory Panel ( SAP) also affirm that the transferability of this method is less than 5%.

TTR data generated by members of the Outdoor Residential Entry Task Force ( ORETF) rely on a modified version of the California roller ( ORETF roller) that appears to have a much lower transfer efficiency ( percent of application rate) than the original version. Many TTR data submitted by ORETF members show transfer efficiencies of < 1% for sprayable 3 formulations and < 0.5% for granular formulations. The USEPA Office of Research and Development ( ORD) has conducted a round robin test of TTR methods that included the ORETF roller ( Fortune 1997). While ORD concluded that the ORETF roller method performed the best of all methods, transfer efficiency for three liquid herbicide formulations indicated a transfer efficiency of approximately 0.5%. The ORETF data should not be used with the revised transfer coefficients of approximately 1 to 5%. The ORETF is generating task force specific transfer coefficients to be used with the ORETF member TTR data. ORETF post application exposure data has been submitted and is being reviewed.

Comment/ Question # 3b: Gowan believes that the assumed 20% dermal absorption number used by HED should be reduced by an order of magnitude. Gowan submitted rationale and numerous literature to support their rationale.

HED Response: HED toxicologists will address these comments and questions. Please refer to that formal response for further details.

Comment # 3c: Gowan commented that they had " observed in two other studies that presumably persistent compounds are rapidly removed from home lawns for the simple reason that grass is mowed."

HED Response: HED suggests that Gowan Company submit copies of these studies to the Agency.

Comment # 3d: Gowan commented that the safety factors ( target MOEs of 1000 for intermediate term exposure and 3000 for short term exposure) are very conservative.

HED Response: HED toxicologists will address this comment. Please refer to that formal response for further details. 4 Internal Points for SRRD ( i. e. not meant to be part of the formal response to comments)

1. Watering In Is it practical and/ or enforceable to require registrants to add a requirement or recommendation to their end use labels to water in the product immediately after it is applied to turf, lawns or playing fields? In the real world, does this truly mean anything? What percentage of applicators will actually adhere to this requirement or recommendation?

Fenarimol is a systemic fungicide. Therefore, in order to be efficacious, it must enter the root zone so that it can be taken up by the grass. The current labels advise users to irrigate if precipitation does not occur within 24 hours.

Whether by precipitation and/ or irrigation the watering in of fenarimol product will undoubtedly remove fenarimol residues from the surface of grass blades, and therefore reduce the amount of fenarimol residues transferable to individuals contacting treated grass. The question is, by how much is the potentially transferrable residue reduced by watering in? Based upon data from other pesticides applied to turf, watering in may provide an average reduction in residues of 2 to 5 fold for granular formulations. Watering in liquid formulations after application to turf result in greater reductions in dislodgeable residues, e. g. residues of the herbicide diazinon were reduced by 80 fold. For the liquid herbicide pronamide, watering in resulted in a 13 fold reduction in residues. For the nematicide fenamiphos ( emulsifiable concentrate), watering in resulted in a 30 fold reduction in residues. Unfortunately, OPP/ ORE scientists cannot provide SRRD with a quantitative reduction factor or range. However, common sense dictates that a sizable reduction in residues and associated risk will occur with watering in. Therefore, SRRD can use this knowledge to discuss why mitigation is not being required while MOEs of concern remain ( i. e. MOEs somewhat below our targets).

2. Episodic Ingestion of Fenarimol Granules by Toddlers In the preliminary residential risk assessment, a short term MOE of 220 was estimated for episodic ingestion of fenarimol product granules. This is well below the target MOE of 3000. However, based upon the particle sizes of these granules, HED characterized this potential risk to be less likely or difficult to occur, and therefore, not of great concern. Is this a valid characterization? The characterization in the preliminary residential risk assessment is as follows:

" Information was received from Riverdale Chemical Company regarding the size and distribution of the granular formulation they manufacture. This information is helpful in refining or characterizing the estimate of potential risk from episodic incidental ingestion of granules beyond the current screening level. For example, the granules would be considered more attractive and more likely to be consumed if readily visible and easily picked up by a child. The Riverdale Chemical Company product information, provided to HED by telephone conversation on July 18, 2001, indicates that 93% of the product has a particle diameter range of 0.594 to 0.841 mm, with the remaining 7% in the 0.841 to 2 mm size. The granules are white in color. If evenly distributed, individual grains would be difficult to pick up, or even to see when applied on a lawn, and if used according to label directions and soil 5 incorporated by watering in. Therefore, given proper application this product would be difficult for a small child to grasp and then mouth or ingest."

Additionally, if hand dispersal application is prohibited, then unevenly distributed granules will be much less likely. Also, watering in, whether recommended or required will reduce the chances of toddlers grasping granules.


Spatial Analysis of Native and Sterile Pink Bollworm in the Arizona PBW
Eradication Program area, June 25 – July 22, 2006

By David Bartels, Ph.D., USDA,  APHIS,  PPQ, CPHST, Pest Detection,
Diagnostics & Management Laboratory, Moore Air Base, Bldg. 6414, 22675
N. Moorefield Rd., Edinburg, TX 78541-9398, and Michelle Walters, Ph.D.,
USDA APHIS, PPQ, CPHST, Decision Support and Pest Management Systems
Laboratory, 3645 E. Wier Avenue, Phoenix, AZ  85040

Introduction

The pink bollworm (PBW) moth (Pectinophora gossypiella (Saunders) feeds
almost exclusively on cotton plants (Gossypium spp.) and can cause
significant economic damage to the crop.  PBW is often the key pest of
cotton in the Southwestern United States and Northwestern Mexico.
Currently, Arizona is in the process of eradication PBW from certain
areas using a combination of transgenic cotton, mating disruption with
pheromones, and sterile insect release.  The objective of the analysis
was to document the presence of native and sterile PBW populations in
the cotton production areas based on trap counts.

Materials and Methods

Native and sterile adult PBW were monitored in the Arizona PBW
Eradication Program cotton fields using standard Delta traps baited with
PBW sex pheromone.  Traps were checked weekly by program personnel and
numbers of male moths (native and sterile) were recorded.  For each
field, we were presented with the number of traps per field and the
total number of moths counted each week from June 25th – July 22nd,
2006.  The number of traps per field varied based on the size of the
field, and the type of cotton being grown.  The number of traps ranged
from 0 to 14.  A field may have no trap located in it because there is
one central trap that covers several small fields.  The average number
of moths per trap was calculated for each cotton field by dividing the
total capture by the number of traps.  To create a point for the trap
captures, the center of each cotton field containing a trap was
calculated using its geographic boundary.

To present the trapping data as a predicted surface of PBW numbers,
geostatistics was used to calculate a predicted value for areas between
the known values of each field.  Ordinary Kriging using a spherical
model was applied to trap counts for each week to develop a predictive
surface model surrounding the cotton fields.  Kriging is a technique for
the optimal interpolation of points across the spatial domain. Kriging
handles spatial autocorrelation and it is not sensitive to preferential
(uneven) sampling in specific areas, such as the distribution of cotton
field in the eradication program.  Kriging constructs a weighted moving
average equation that estimates the value of a spatially distributed
variable from adjacent values while considering the interdependence.
This equation minimizes the effect of the relatively high variance of
the sample values by including knowledge of the covariance between the
estimated point and other sample points within the range.  Kriging
results in a smoothing effect with high original values being
underestimated and low values being overestimated.  There is also less
variation than in the original points. Kriging is a best linear unbiased
estimator because it minimizes the variance of the estimation errors.

The Kriged surfaces were generated from a total of 3,476 center points
from the cotton fields.  We used a 2 kilometer range of influence from
the center point of the field, so that each field’s data is affected
only by other fields within approximately 1 kilometer of the outside
border of the field.  The 1 km limit reflects the perceived day to day
movement of PBW adults in green cotton fields and limits the undue
mathematical influence of a “hot” field on a large area.  In
addition to limiting the area of influence, we truncated trap values to
100 moths/field/week as this indicates a “hot” field biologically
and also, because a weighted average is used in Kriging, capping the
high values limits undue graphical influence of a single field.  A trap
with greater than 100 PBW moths also represents a unreliable count as
the efficiency of the trap declines quickly once the trap fills with
moths.

Results

The maps presented depict the native and sterile male PBW populations in
the Arizona PBW Eradication Program based solely on trap captures.
Additional factors such as cotton type, soil conditions or crop
phenology are not included in the model.  The analysis indicates that
the sterile PBW adult population is clearly more abundant during each
week with many areas have populations of greater than 50 moths per trap.
 At the same time, the native populations is mainly around 1-5 moths per
trap with only 3 - 5 “hot spots” of numbers greater than 25 showing
up across the program area during the 4 weeks.  The sterile PBW
population is also more consistent from week to week and more widely
distributed than the native population.  The daily releases of sterile
PBW from the program aircraft have kept the sterile population levels
stable during the 4 weeks of analysis.

VOLUME 2

DOCUMENT 2

Page   PAGE  3  of   NUMPAGES  3


[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38439-38442]
[FR Doc No: 2013-15252]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0020]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 16 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 26, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0020 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 16 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.

Qualifications of Applicants

Tyler A. Benjamin

    Mr. Benjamin, age 29, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of

consciousness, requiring the assistance of another person, or resulting
in impaired cognitive function that occurred without warning in the
past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Benjamin understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Benjamin meets the vision requirements of 49 CFR
391.41(b)(10). His optometrist examined him in 2013 and certified that
he does not have diabetic retinopathy. He holds a Class D operator's
license from Alabama.

Larry K. Brindle

    Mr. Brindle, 60, has had ITDM since 2006. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brindle understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brindle meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A Commercial Driver's License
(CDL) from Kansas.

James D. Damske

    Mr. Damske, 41, has had ITDM since 1996. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Damske understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Damske meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class D operator's
license from Massachusetts.

Manuel M. Fabela, Jr.

    Mr. Fabela, 38, has had ITDM since 2008. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Fabela understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fabela meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from California.

Ryan L. Guffey

    Mr. Guffey, 30, has had ITDM since 1993. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Guffey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Guffey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he has stable
non-proliferative diabetic retinopathy. He holds a Class D operator's
license from Illinois.

Richard B. Harvey

    Mr. Harvey, 51, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Harvey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harvey meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class C operator's license from California.

Donald F. Kurzejewski

    Mr. Kurzejewski, 57, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kurzejewski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kurzejewski meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Pennsylvania.

Joshua O. Lilly

    Mr. Lilly, 26, has had ITDM since 2009. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lilly understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lilly meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Virginia.

Steven C. Lundberg

    Mr. Lundberg, 50, has had ITDM since 2000. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lundberg understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lundberg meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in

2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Iowa.

Frank D. Marcou, Jr.

    Mr. Marcou, 48, has had ITDM since 2003. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Marcou understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Marcou meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Vermont.

Roger D. Mott

    Mr. Mott, 63, has had ITDM since 2007. His endocrinologist examined
him in 2013 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Mott understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Mott meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Iowa.

Bernard K. Nixon

    Mr. Nixon, 53, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Nixon understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Nixon meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2012 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Florida.

Thomas P. Olson

    Mr. Olson, 67, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Olson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Olson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B operator's
license from Wisconsin.

Steven T. Vanderburg

    Mr. Vanderburg, 49, has had ITDM since 1975. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Vanderburg understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vanderburg meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class C operator's license from North
Carolina.

John P. Washington

    Mr. Washington, 68, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Washington understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Washington meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from New Jersey.

Christopher J. Wisner

    Mr. Wisner, 44, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wisner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wisner meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class B CDL from Maryland.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the

diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2013-0020 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2013-0020 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: June 14, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-15252 Filed 6-25-13; 8:45 am]
BILLING CODE 4910-EX-P