[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42050-42053]
[FR Doc No: 2015-17471]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2015-0050; FRL-9930-56-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Lancaster Nonattainment Area for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Lancaster Nonattainment Area (Lancaster Area or Area) for the 1997
annual and 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS or standard). EPA has
determined that the Lancaster Area attained both the 1997 annual and
2006 24-hour PM2.5 NAAQS. In addition, EPA is approving as a
revision to the Pennsylvania State Implementation Plan (SIP) the
associated maintenance plan to show maintenance of the 1997 annual and
2006 24-hour PM2.5 NAAQS through 2025 for the Lancaster
Area. The maintenance plan includes the 2017 and 2025 PM2.5
and nitrogen oxides (NOX) mobile vehicle emissions budgets
(MVEBs) for the Lancaster Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, which EPA is approving for transportation
conformity purposes. Furthermore, EPA is approving the 2007 base year
emissions inventory included in the maintenance plan for the Lancaster
Area for both NAAQS. These actions are being taken under the Clean Air
Act (CAA).

DATES: This final rule is effective on July 16, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0050. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty at (215) 814-
3409, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On April 30, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Lancaster Area from
nonattainment to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance
plan for the Lancaster Area as a SIP revision to ensure continued
attainment throughout the Lancaster Area over the next 10 years. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs for the Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, which EPA is approving for transportation
conformity purposes. PADEP also submitted a 2007 comprehensive
emissions inventory that was included in the maintenance plan for the
1997 annual and 2006 24-hour PM2.5 NAAQS for NOX,
sulfur dioxide (SO2), volatile organic compounds (VOC), and
ammonia (NH3).
    On May 1, 2015 (80 FR 24874), EPA published a notice of proposed
rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of
Pennsylvania's April 30, 2014 request to redesignate the Lancaster Area
to attainment for the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA also proposed approval of the associated maintenance plan as
a revision to the Pennsylvania SIP for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. The maintenance plan included the 2017 and 2025
PM2.5 and NOX MVEBs for both NAAQS which EPA
proposed to approve for purposes of transportation conformity. In
addition, EPA proposed approval of the 2007 emissions inventory also
included in the maintenance plan for the Lancaster Area for both NAAQS
to meet the emissions inventory requirement of section 172(c)(3) of the
CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No adverse public comments were received on the NPR.

II. Final Actions

    EPA is taking final actions on the redesignation request and SIP
revisions submitted on April 30, 2014 by the Commonwealth of
Pennsylvania for the Lancaster Area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS. First, EPA

finds that the monitoring data demonstrates that the Area has attained
the 1997 annual and 2006 24-hour PM2.5 NAAQS, and continues
to attain both NAAQS. Second, EPA is approving Pennsylvania's
redesignation request for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, because EPA has determined that the request
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA for both NAAQS. Approval of this redesignation request will
change the official designation of the Lancaster Area from
nonattainment to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Third, EPA is approving the associated
maintenance plan for the Lancaster Area as a revision to the
Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS because it meets the requirements of section 175A of the CAA. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs submitted by Pennsylvania for the Lancaster Area
for transportation conformity purposes. In addition, EPA is approving
the 2007 emissions inventory for the Lancaster Area as meeting the
requirement of section 172(c)(3) of the CAA for both NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this rulemaking action to become effective immediately upon
publication. A delayed effective date is unnecessary due to the nature
of a redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this rulemaking
action is authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. This rulemaking action, however,
does not create any new regulatory requirements such that affected
parties would need time to prepare before the rule takes effect.
Rather, this rulemaking action relieves the Commonwealth of
Pennsylvania of the obligation to comply with nonattainment-related
planning requirements for the Lancaster Area pursuant to part D of the
CAA and approves certain emissions inventories and MVEBs for the
Lancaster Area. For these reasons, EPA finds good cause under 5 U.S.C.
553(d) for this rulemaking action to become effective on the date of
publication.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 14, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action, approving the redesignation request and maintenance
plan for the Lancaster Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS and the comprehensive emissions inventory for
the Lancaster Area for both NAAQS, may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: July 1, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for ``1997 Annual and 2006 24-Hour PM2.5
Maintenance Plan and 2007 Base Year Emissions Inventory'' at the end of
the table to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable      State submittal                            Additional
            revision                geographic area          date        EPA Approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 Annual and 2006 24-Hour      Lancaster Area.....         4/30/14   7/16/15 [Insert      See Sec.
 PM2.5 Maintenance Plan and 2007                                         Federal Register     52.2036(x) and
 Base Year Emissions Inventory.                                          citation].           Sec.   52.2059(s)
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding paragraph (x) to read as
follows:

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (x) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Lancaster 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) nonattainment area submitted by the Pennsylvania
Department of Environmental Protection on April 30, 2014. The emissions
inventory includes emissions estimates that cover the general source
categories of point, area, nonroad, and onroad sources. The pollutants
that comprise the inventory are PM2.5, nitrogen oxides
(NOX), volatile organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).

0
4. Section 52.2059 is amended by adding paragraph (s) to read as
follows:

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (s) EPA approves the maintenance plan for the Lancaster
nonattainment area for the 1997 annual and 2006 24-hour fine
particulate matter (PM2.5) NAAQS submitted by the
Commonwealth of Pennsylvania on April 30, 2014. The maintenance plan
includes the 2017 and 2025 PM2.5 and nitrogen oxides
(NOX) mobile vehicle emissions budgets (MVEBs) to be applied
to all future transportation conformity determinations and analyses for
the Lancaster nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.

 Lancaster Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Lancaster
                                             County in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date of SIP
    Type of control strategy SIP           Year            PM2.5            NOX                approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan....................            2017             249           6,916  July 16, 2015.
                                                2025             185           4,447  July 16, 2015.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
6. In Sec.  81.339, in the tables entitled ``Pennsylvania--1997 Annual
PM2.5 NAAQS'' and ``Pennsylvania--2006 24-Hour
PM2.5 NAAQS'' revise the entry for ``Lancaster, PA'' to read
as follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                         Date \1\                 Type              Date \2\           Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Lancaster, PA:
    Lancaster County............  July 16, 2015........  Attainment             ...............  ...............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

                                     Pennsylvania--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                         Date \1\                 Type              Date \2\           Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Lancaster, PA:
    Lancaster County............  July 16, 2015........  Attainment             ...............  ...............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

[FR Doc. 2015-17471 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P


Garlic Oil

Final Work Plan

Registration Review Case 4007

Docket Number: EPA-HQ-OPP-2009-0113

Garlic Oil

Final Work Plan

Registration Review Case Number: 4007

					Approved By:

					____________________

							Keith A. Matthews

Acting Director

                                      				Biopesticides and Pollution
Prevention Division

Date: __________________

I.  	INTRODUCTION

This document is EPA’s Final Work Plan for Garlic Oil. The work plan
includes the expected registration review time lines.  The final work
plan is intended to address any public comments received concerning the
Preliminary Work Plan in the Summary Document, which was posted in the
Garlic Oil registration review docket (EPA-HQ-OPP-2009-0113) concerning
the initial docket postings.  The Summary Document provided information
on what EPA knows about the pesticide and what additional risk analyses
and data or information the Agency believes are needed to make a
registration review decision.

The Food Quality Protection Act (FQPA) of 1996 mandated the continuous
review of existing pesticides.  All pesticides distributed or sold in
the United States must generally be registered by EPA, based on
scientific data showing that they will not cause unreasonable risks to
human health (including occupational and non occupational exposures), or
the environment when used as directed on product labeling.  The
registration review program is intended to make sure that, as the
ability to assess risk evolves and as policies and practices change, all
registered pesticides continue to meet the statutory standard of no
unreasonable adverse effects to human health or the environment.
Changes in science, public policy, and pesticide use practices will
occur over time.  Through the registration review program, the Agency
periodically reevaluates pesticides to make sure that as change occurs,
products in the marketplace can continue to be used safely.  Information
on this program is provided at:   HYPERLINK
"http://www.epa.gov/oppsrrd1/registration_review/"
http://www.epa.gov/oppsrrd1/registration_review/ .

In 2006, the Agency implemented the Registration Review program pursuant
to FIFRA Section 3(g) and will review each registered pesticide every 15
years to determine whether it continues to meet the FIFRA standard for
registration.

The EPA first registered a product containing garlic oil in 1983.  There
are 11 products registered with the Agency containing garlic, garlic
oil, and garlic powder.  The labels for these products list the active
ingredient as Garlic Oil, Garlic Juice, Garlic Water, or Garlic.  The
Agency considers all such variations

of garlic or garlic oil as falling under the PC Code 128827 and Registry
Number 8000-78-0. Further references herein are to garlic oil or garlic.
  Of the 11 registered products containing garlic oil as an active
ingredient, two products are registered as insect repellents for
agricultural use. The remaining products are registered for use as
animal and insect repellents.  Two of the 11 products contain garlic oil
as the only active ingredient.   The other products contain additional
minimal risk products such as capsaicin, and putrescent whole egg solids
as active ingredients along with garlic. All products are water-based
compounds with extract of garlic or garlic powder.

As a biochemical active ingredient, garlic oil is used as a repellent
for the control of insects, mites, birds, deer, rabbits and squirrels
and is registered for use on terrestrial food and feed such as
vegetables, fruits nuts and grains. Garlic oil is also registered for
use on terrestrial non-food crops such as ornamental plants and shrubs.

II. 	RESPONSES TO COMMENTS

During the 60 day comment period that closed on May 26, 2009, the Agency
received no comments.

RISK ASSESSMENT AND DATA NEEDS

Product Chemistry Assessment

All product chemistry data requirements for garlic oil have been
satisfied.  Assessment of these data show that they continue to meet the
standard for registration under FIFRA, as amended by the FQPA. No
further product chemistry data are required.  For currently registered
label uses of garlic oil, please refer to the Garlic Oil Summary
document posted in the initial docket (EPA-HQ-OPP-2009-0113) for a more
detailed discussion.

		Human Health Risk Assessment

Based on the available data and information, the Agency does not foresee
the need for new data or for a new human health risk assessment.  All
data requirements per 40 CFR 158.2050 have been fulfilled for garlic
oil.  Please refer to the Garlic Oil Summary document posted in the
initial docket (EPA-HQ-OPP-2009-0113) for a more detailed discussion.

Environmental Fate and Ecological Risk Assessment

Effects on Nontarget Organisms

All nontarget toxicity data requirements for garlic oil have been
fulfilled and meet the standard for registration required under FIFRA,
as amended by FQPA.  Based on the available information for garlic oil,
the Agency does not foresee the need for additional ecotoxicity data or
a new risk assessment.   Please refer to the Garlic Oil Summary document
posted in the initial docket (EPA-HQ-OPP-2009-0113) for a more detailed
discussion.

Endangered Species Risk Assessment

The Agency has not completed an endangered species risk assessment at
this time.  An endangered species assessment will be conducted prior to
the issuance of the Proposed Final Decision.

		IV.	ESTIMATED TIMELINE

Activities	Estimated Month/Year

Open  Public Comment Period for Garlic Docket  	March 2009

Close Public Comment Period 	May  2009

Phase 2:  Case Development

Develop Final Work Plan (FWP)	September 2009

Complete Endangered Species Assessment	October2009

Phase 3: Registration Review Decision

Open Public Comment Period for  Proposed Registration  Review Decision
February 2010

Close Public Comment Period 	April  2010

Final Decision and Begin Post-Decision Follow-up	September 2010

*Estimated Total (years)	                1 year 5 months

*  EPA has created the following estimated timeline for completion of
the garlic registration review case.  This schedule is subject to
revision should unforeseen issues arise during the registration review
process.

V.	NEXT STEPS

As mentioned in the Risk Assessment and Data Needs section above, an
Endangered Species assessment is ongoing and will be complete in advance
of the announcement of a Proposed Registration Review Decision.

	Page   PAGE  2  of   NUMPAGES  5

Docket Number: EPA-HQ-OPP-2009-0113

  HYPERLINK "http://www.regulations.gov"  www.regulations.gov


                    EPA/HQ Summary  -  Meeting with Walmart

Attendees

Walmart Participants: Richard Leahy, Wendy Brant, David Winfrey EPA/HQ Participants: Jessica Young, Drew Lausch, Laura Stanley, Josh Smeraldi

Date: 	 July 7, 2016

Location:  EPA/HQ  -  Potomac Yard South

Summary

EPA HQ met with representatives of Walmart to discuss the proposed Hazardous Waste Pharmaceuticals Rule.  Walmart noted that they donate a substantial number of items to charities and they want to ensure that the final rule does not interfere with their ability to continue to donate items.


[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Proposed Rules]
[Pages 11016-11019]
[FR Doc No: 2014-04259]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0061; Directorate Identifier 2013-NM-029-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede airworthiness directive (AD) 2007-06-
12, that applies to certain Airbus Model A330-200 and A330-300
airplanes. AD 2007-06-12 requires, for certain airplanes, reinforcement
of the structure of the center fuselage by installing external
stiffeners (butt straps) at frame (FR) 53.3 on the fuselage skin
between left-hand (LH) and right-hand (RH) stringer (STR) 13, and
related investigative and corrective actions. Since we issued AD 2007-
06-12, we have determined that the compliance times must be reduced in
order to address the unsafe condition. This proposed AD would reduce
the compliance times for reinforcing the structure of the center
fuselage at FR 53.3. We are proposing this AD to prevent fatigue
cracking of the fuselage, which could result in reduced structural
integrity of the fuselage.

DATES: We must receive comments on this proposed AD by April 14, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.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
425-227-1221.

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-
0061; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, 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:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0061;
Directorate Identifier 2013-NM-029-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On March 7, 2007, we issued AD 2007-06-12, Amendment 39-14993 (72
FR 12555, March 16, 2007) (``AD 2007-06-12''). AD 2007-06-12 requires
actions intended to address an unsafe condition on the products listed
above.
    Since we issued AD 2007-06-12, Amendment 39-14993 (72 FR 12555,
March 16, 2007), we have determined that the compliance times must be
reduced in order to address the unsafe condition. We have also added
the

compliance time for short- and long-range airplane utilization based on
the new fatigue and damage tolerance evaluation. The European Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Community, has issued EASA Airworthiness
Directive 2013-0016, dated January 16, 2013 (referred to after this as
the Mandatory Continuing Airworthiness Information, or ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    During the fatigue tests (EF2) of the Airbus A330 test fuselage,
initiation and development of cracks were evidenced at the
circumferential joint of frame 53.3.
    This condition, if not corrected, could lead to a reduction in
the structural integrity of the fuselage.
    EASA issued AD 2006-0266 [(http://ad.easa.europa.eu/blob/easa_ad_2006_0266_Superseded.pdf/AD_2006-0266_1), which corresponds
to FAA AD 2007-06-12, Amendment 39-14993 (72 FR 12555, March 16,
2007)], which took over the requirements of Direction
G[eacute]n[eacute]rale de L'aviation Civile [DGAC] France AD F-2003-
415 for A330-300 pre-mod 41652S11819, and required reinforcement of
the circumferential joint of frame 53.3 by application of Airbus
Service Bulletin (SB) A330-53-3143 on A330-300 post modification
41652S11819 and pre-mod 49202, and all A330-200 pre-mod 49202 in
order to improve the fatigue life.
    Since that [EASA] AD was issued, in the frame of a new fatigue
and damage tolerance evaluation taking into account the aeroplane
utilisation, the thresholds for the reinforcement were reassessed
and the conclusion is that some thresholds must be reduced.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2006-0266, which is superseded, and requires
reinforcement of structure of the centre fuselage at the upper
circumferential joint of frame 53.3 within the new thresholds.

    The initial compliance times range between 15,700 total flight
cycles or 94,600 total flight hours, whichever occurs first; and 25,600
total flight cycles or 77,000 total flight hours, whichever occurs
first; depending on airplane configuration. You may examine the MCAI in
the AD docket on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2014-0061.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-53-3127 Revision
02, including Appendix 01, dated December 7, 2011, and Mandatory
Service Bulletin A330-53-3143 Revision 05, including Appendix 01, dated
May 29, 2012. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Repair Approvals

    In many FAA transport ADs, when the service information specifies
to contact the manufacturer for further instructions if certain
discrepancies are found, we typically include in the AD a requirement
to accomplish the action using a method approved by either the FAA or
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries
do not allow such delegation of authority, but some countries do
recognize design approval organizations. In addition, we have become
aware that some U.S. operators have used repair instructions that were
previously approved by a State of Design Authority or a Design Approval
Holder (DAH) as a method of compliance with this provision in FAA ADs.
Frequently, in these cases, the previously approved repair instructions
come from the airplane structural repair manual or the DAH repair
approval statements that were not specifically developed to address the
unsafe condition corrected by the AD. Using repair instructions that
were not specifically approved for a particular AD creates the
potential for doing repairs that were not developed to address the
unsafe condition identified by the MCAI AD, the FAA AD, or the
applicable service information, which could result in the unsafe
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed
to correct the unsafe condition, certain requirements of this proposed
AD would require that the repair approval specifically refer to the FAA
AD. This change is intended to clarify the method of compliance and to
provide operators with better visibility of repairs that are
specifically developed and approved to correct the unsafe condition. In
addition, we use the phrase ``its delegated agent, or the DAH with
State of Design Authority design organization approval, as applicable''
in this proposed AD to refer to a DAH authorized to approve certain
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 9 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Installation...................  Up to 327                       $17,850   Up to $45,645.....  Up to $410,805.
                                  work[dash]hour x $85
                                  per hour = $27,795.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This

proposed AD would not have a substantial direct effect on the States,
on the relationship between the national Government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    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.

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 removing airworthiness directive (AD)
2007-06-12, Amendment 39-14993 (72 FR 12555, March 16, 2007), and
adding the following new AD:

Airbus: Docket No. FAA-2014-0061; Directorate Identifier 2013-NM-
029-AD.

(a) Comments Due Date

    We must receive comments by April 14, 2014.

(b) Affected ADs

    This AD supersedes AD 2007-06-12, Amendment 39-14993 (72 FR
12555, March 16, 2007).

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, and
-243 airplanes; and A330-301, -321, -322, -323, -341, -342, and -343
airplanes, certificated in any category, except those on which
Airbus modification 49202 has been embodied in production.

(d) Subject

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

(e) Reason

    This AD was prompted by a new fatigue and damage tolerance
evaluation that concluded the compliance time for an existing
reinforcement of the fuselage has to be reduced. We are issuing this
AD to prevent fatigue cracking of the fuselage, which could result
in reduced structural integrity of the fuselage.

(f) Compliance

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

(g) Installation for Model A330-300 Series Airplanes

    For Airbus Model A330-301, A330-321, A330-322, A330-323, A330-
341, A330-342, and A330-343 airplanes, except those on which Airbus
modification 41652S11819 has been incorporated in production: At the
time specified in paragraph (g)(1) or (g)(2) of this AD, whichever
occurs later, install butt straps at FR53.3 on the fuselage skin
between left-hand (LH) and right-hand (RH) stringer (STR) 13, and do
all related investigative and corrective actions before further
flight. Except as provided by paragraph (h) of this AD, do all
actions in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A330-53-3127, Revision 02, including
Appendix 01, dated December 7, 2011.
    (1) At the applicable time specified in paragraph (g)(1)(i) or
(g)(1)(ii) of this AD.
    (i) Airplanes with a short-range mission as specified in Airbus
Mandatory Service Bulletin A330-53-3127, Revision 02, dated December
7, 2011: Within 15,300 flight cycles or 46,100 flight hours,
whichever occurs first, after the first flight of the airplane.
    (ii) Airplanes with a long-range mission as specified in Airbus
Mandatory Service Bulletin A330-53-3127, Revision 02, dated December
7, 2011: Within 13,200 flight cycles or 79,300 flight hours,
whichever occurs first after the first flight of the airplane.
    (2) Within 24 months after the effective date of this AD, but
not to exceed 14,700 total flight cycles or 51,400 total flight
hours, whichever occurs earlier.

(h) Corrective Actions

    For Airbus Model A330-301, -321, -322, -323, -341, -342, and -
343 airplanes, except those on which Airbus Modification 41652S11819
has been incorporated in production: If any crack is detected during
the related investigative actions (rototest) required by paragraph
(g) of this AD, before further flight, repair using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent, or
by the Design Approval Holder (DAH) with EASA design organization
approval). For a repair method to be approved, the repair approval
must specifically refer to this AD.

(i) Installation for Model A330-200 and -300 Series Airplanes

    For airplanes specified in paragraph (c) of this AD on which
Airbus modification 41652S11819 has been embodied in production: At
the time specified in paragraph (i)(1) or (i)(2) of this AD,
whichever occurs later, install butt straps at FR53.3 on the
fuselage skin between LH and RH STR13; and do all related
investigative and other specified actions before further flight, as
applicable. Do all actions in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A330-53-3143,
Revision 05, dated May 29, 2012, including Appendix 1; except, if
any crack is detected during a related investigative action
(rototest), before further flight, repair the crack using a method
approved by the Manager, International Branch, ANM 116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent, or
by the Design Approval Holder (DAH) with EASA design organization
approval). For a repair method to be approved, the repair approval
must specifically refer to this AD.
    (1) At the applicable times specified in the ``threshold''
column of the table in 1.E. ``Compliance'' of Airbus Mandatory
Service Bulletin A330-53-3143, Revision 05, dated May 29, 2012.
Where paragraph 1.E. ``Compliance'' of Airbus Mandatory Service
Bulletin A330 53-3143, Revision 05, dated May 29, 2012, specifies a
time in the ``threshold'' column, this AD requires compliance within
the corresponding times after the first flight of the airplane.
    (2) Within 24 months after the effective date of this AD, but
not to exceed 17,600 total flight cycles or 61,600 total flight
hours, whichever occurs earlier.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (g) of this AD if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A330-53-
3127, Revision 01, including Appendix 01, dated November 21, 2003
(which is not incorporated by reference in this AD).
    (2) This paragraph provides credit for actions required by
paragraph (i) of this AD if those actions were performed before the
effective date of this AD using any service information specified in
paragraphs (j)(2)(i) through (j)(2)(v) of this AD; this service
information is not incorporated by reference in this AD.
    (i) Airbus Mandatory Service Bulletin A330-53-3143, including
Appendix 01, dated December 24, 2004.
    (ii) Airbus Mandatory Service Bulletin A330-53-3143, Revision
01, including Appendix 01, dated June 29, 2006.
    (iii) Airbus Mandatory Service Bulletin A330-53-3143, Revision
02, including Appendix 01, dated August 31, 2010.
    (iv) Airbus Mandatory Service Bulletin A330-53-3143, Revision
03, including Appendix 01, dated March 3, 2011.
    (v) Airbus Mandatory Service Bulletin A330-53-3143, Revision 04,
including Appendix 01, dated December 6, 2011.

(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, 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: Vladimir Ulyanov, 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. The AMOC approval letter must specifically reference this
AD. AMOCs approved previously for AD 2007-06-12, Amendment 39-14993
(72 FR 12555, March 16, 2007), are approved as AMOCs for the
corresponding provisions of paragraph (i) of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval). You are required to ensure the
product is airworthy before it is returned to service.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0016, dated January 16,
2013, 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-2014-0061.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04259 Filed 2-26-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30900-30902]
[DOCID:fr02jn10-151]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0069]

Fisker Automotive; Receipt of Application for Temporary Exemption
From Advanced Air Bag Requirements of FMVSS No. 208

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of receipt of petition for temporary exemption from
certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No.
208, Occupant Crash Protection.

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

SUMMARY: In accordance with the procedures in 49 CFR part 555, Fisker
Automotive Corporation has petitioned the agency for a temporary
exemption from certain advanced air bag requirements of FMVSS No. 208.
The basis for the application is that compliance would cause
substantial economic hardship to a manufacturer that has tried in good
faith to comply with the standard.\1\
---------------------------------------------------------------------------

    \1\ To view the application, go to http://www.regulations.gov
and enter the docket number set forth in the heading of this
document.
---------------------------------------------------------------------------

    This notice of receipt of an application for temporary exemption is
published in accordance with statutory provisions. NHTSA has not made
any judgment on the merits of the application.

DATES: You should submit your comments not later than July 2, 2010.

FOR FURTHER INFORMATION CONTACT: Edward Glancy, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building 4th Floor, Room W41-326,
Washington, DC 20590. Telephone:<PHONE_NUMBER>; Fax:<PHONE_NUMBER>.
    Comments: We invite you to submit comments on the application
described above. You may submit comments identified by docket number at
the heading of this notice by any of the following methods:
     Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the electronic docket site by
clicking on ``Help and Information'' or ``Help/Info.''
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

     Hand Delivery: 1200 New Jersey Avenue, SE., West Building
Ground Floor, Room W12-140, Washington, DC, between 9 am and 5 pm,
Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency name and
docket number. 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 discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 am and 5 pm, Monday through Friday,
except Federal Holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR part 512).

SUPPLEMENTARY INFORMATION:
    Fisker Automotive (Fisker) has submitted a petition for exemption
from certain requirements of FMVSS No. 208, Occupant Crash Protection,
pursuant to 49 CFR Part 555, Temporary Exemption from Motor Vehicle
Safety and Bumper Standards. Specifically, the petition requests an
exemption from paragraphs S15, S17, S19, S21, S23, and S25 of FMVSS No.
208, which relate to the advanced air bag requirements. Fisker has
requested an exemption for the Karma model, and that the exemption
period run from the date of the grant until May 24, 2011.
    In recent years, NHTSA has addressed a number of petitions for
exemption from the advanced air bag requirements of FMVSS No. 208. The
majority of these requests have come from small manufacturers which
have petitioned on the basis of substantial economic hardship to a
manufacturer that has tried in good faith to comply with the standard.
NHTSA has granted a number of these petitions, usually in situations
where the manufacturer is supplying standard air bags in lieu of
advanced air bags.\2\ In addressing these petitions, NHTSA has
recognized that small manufacturers may face particular difficulties in
acquiring or developing advanced air bag systems.
---------------------------------------------------------------------------

    \2\ See, e.g., grant of petition to Panoz, 72 FR 28759 (May 22,
2007), or grant of petition to Koenigsegg, 72 FR 17608 (April 9,
2007).
---------------------------------------------------------------------------

    The basis for Fisker's application is substantial economic hardship
to a manufacturer that has tried in good faith to comply with the
standard. According to the petition, Fisker is a privately held company
incorporated in the State of Delaware, with headquarters in California.
Its total motor vehicle production during the 12 months preceding the
filing of the petition was 0 vehicles.
    The petitioner stated that the Fisker Karma is a completely new
passenger car model. Design and development of the Karma began in late
2007. The Karma is being designed and developed to meet all applicable
FMVSS and EEC regulations, including the installation of eight air bags
on the coupe version and six air bags on the convertible version.
Fisker stated the air bag system is being developed through cooperation
with Takata, Tass, and Bosch, which have been granted contracts to
complete the development of the air bag systems. The petitioner stated
that these companies were retained in 2008/2009 and are continuing the
efforts to develop an air bag system that is fully compliant with the
requirements of FMVSS No. 208.
    Fisker stated that it subcontracted the advanced air bag system
development to experienced outside companies, and that the air bag
development costs represent a very significant expenditure to the
company. It cited a $7,714,857 cost figure, and provided information
about what that figure includes. Fisker stated that without a temporary
exemption, which would enable the company to generate funds through the
sale of vehicles, it may not be able to sustain the air bag and vehicle
development programs, causing substantial financial economic hardship
to the company. Fisker stated that it estimates that full compliance
with FMVSS No. 208 will be achieved before May 24, 2011.
    The petitioner stated that if the exemption petition is approved,
the Karma models sold under the exemption will be compliant with all
FMVSS regulations with the exception of certain sections of FMVSS No.
208. Fisker stated that the coupe version will be equipped with eight
functional air bags (front, side, knee and curtain air bags), and the
convertible version will be equipped with six functional air bags
(front, side and knee air bags). Both versions will include seat belts
with pretensioners and load limiters. Also, according to the
petitioner, both models will be compliant with the 50th percentile
unbelted test requirements contained in section 13 of the standard.
    Fisker argued that sales of the Karma are in the public interest.
It stated that the Karma ``is leading the way towards the introduction
of advanced low-emission vehicle technologies to the US and world
markets.'' Fisker stated that the Karma will be the first plug-in
hybrid passenger car available for purchase by the general public. It
also cited benefits of employment opportunities.
    Upon receiving a petition, NHTSA conducts an initial review of the
petition with respect to whether the petition is complete and whether
the petitioner appears to be eligible to apply for the requested
petition. The agency has tentatively concluded that the petition is
complete and the petitioner eligible to apply for the requested
petition. The agency has not made any judgment on the merits of the
application, and is placing a non-confidential copy of the petition in
the docket.
    We are providing a 30-day comment period. After considering public
comments and other available information, we will publish a notice of
final action on the application in the Federal Register.

    Issued on: May 26, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-13122 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60719-60720]
[FR Doc No: 2022-21687]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34721]

Notice of Applications for Deregistration under Section 8(f) of
the Investment Company Act of 1940

September 30, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
September 2022. A copy of each application may be obtained via the
Commission's website by searching for the applicable file number listed
below, or for an applicant using the Company name search field, on the
SEC's EDGAR system. The SEC's EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also
call the SEC's Public Reference Room at<PHONE_NUMBER>. An order
granting each application will be issued unless the SEC orders a
hearing. Interested persons may request a hearing on any application by
emailing the SEC's Secretary at [email protected] and serving
the relevant applicant with a copy of the request by email, if an email
address is listed for the relevant applicant below, or personally or by
mail, if a physical address is listed for the relevant applicant below.
Hearing requests should be received by the SEC by 5:30 p.m. on October
25, 2022, and should be accompanied by proof of service on applicants,
in the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to Rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary at
[email protected].

ADDRESSES: The Commission: [email protected].

FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at
(202) 551-6413 or Chief Counsel's Office at<PHONE_NUMBER>; SEC,
Division of Investment Management, Chief Counsel's Office, 100 F
Street, NE, Washington, DC 20549-8010.

Broadstone Real Estate Access Fund [File No. 811-23360]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On April 22,
2021, August 25, 2021, November 3, 2021 and May 20, 2022, applicant
made liquidating distributions to its shareholders based on net asset
value. Expenses of $238,121 incurred in connection with the liquidation
were paid by the applicant.
    Filing Date: The application was filed on September 2, 2022.
    Applicant's Address: [email protected].

Cohen & Steers MLP Income & Energy Opportunity Fund, Inc. [File No.
811-22780]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 6,
2021, applicant made a final liquidating distribution to its
shareholders based on net asset value. Expenses of $194,560 incurred in
connection with the liquidation were paid by the applicant.
    Filing Dates: The application was filed on July 14, 2022, and
amended on September 15, 2022.
    Applicant's Address: [email protected].

Delaware Life NY Variable Account J [File No. 811-21937]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on July 22, 2022, and
amended on September 20, 2022.
    Applicant's Address: [email protected].

Delaware Life NY Variable Account N [File No. 811-22013]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on July 22, 2022, and
amended on September 20, 2022.
    Applicant's Address: [email protected].

Eaton Vance 2021 Target Term Trust [File No. 811-23136]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On July 1,
2021, applicant made liquidating distributions to its shareholders
based on net asset value. Expenses of $5,400 incurred in connection
with the liquidation were paid by the applicant.
    Filing Date: The application was filed on September 2, 2022.
    Applicant's Address: [email protected].

KBL Variable Annuity Account [File No. 811-05422]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on July 22, 2022, and
amended on September 20, 2022.
    Applicant's Address: [email protected].

Procure ETF Trust I [File No. 811-23320]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 28, 2022, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $10,036.00 incurred in connection with the liquidation were
paid by the applicant's investment advisor.
    Filing Date: The application was filed on June 27, 2022, and
amended on September 20, 2022.
    Applicant's Address: [email protected].

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-21687 Filed 10-5-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85498-85499]
[FR Doc No: 2023-26986]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0842]
RIN 1625-AA09

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Addison Point, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the John F. Kennedy Space Center Bridge (NASA Causeway),
across the Atlantic Intracoastal Waterway (Indian River), mile 885, at
Addison Point, FL. The drawbridge was replaced with a fixed bridge in
2023 and the operating regulation is no longer applicable or necessary.

DATES: This rule is effective December 8, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0842) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Leonard Newsom, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
FL Florida
AICW Atlantic Intracoastal Waterway

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is unnecessary. The John F.
Kennedy Space Center Bridge, that once required the draw operations in
33 CFR 117.261(l), was removed from the Atlantic Intracoastal Waterway
(Indian River) and replaced with a fixed bridge in 2023. Therefore, the
regulation is no longer applicable and shall be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no use or value
because the new bridge does not open.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register. The bridge has
been removed from the waterway and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
modification has already taken place and the removal of the regulation
will not affect mariners currently operating on this waterway.
Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The John F. Kennedy Space Center bridge was removed and replaced
with a fixed bridge in 2023. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.261(l), that pertain to the former drawbridge.
    The purpose of this rule is to remove the paragraph of 33 CFR
117.261(l) that refers to the John F. Kennedy Space Center Bridge,
across the Atlantic Intracoastal Waterway (Indian River) at mile 885,
from the Code of Federal Regulations since it governs a bridge that is
no longer able to be opened.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.261 by
removing restrictions and the regulatory burden related to draw
operations for a bridge that is no longer a drawbridge. The change
removes Sec.  117.261(l) of the regulation governing the John F.
Kennedy Space Center Bridge since the bridge has been removed from the
waterway and replaced with a fixed bridge. This final rule seeks to
update the CFR by removing language that governs the operation of the
John F.

Kennedy Space Center Bridge. This change does not affect waterway or
land traffic. This change does not affect, nor does it alter the
operating schedules in 33 CFR 117.261 that govern the remaining active
drawbridges on the Atlantic Intracoastal Waterway from St. Marys River
to Key Largo.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that the
bridge was replaced and no longer operates as a drawbridge. The removal
of the operating schedule from 33 CFR 117 Subpart B will have no effect
on the movement of waterway or land traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above this final rule would not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1. Revision No. 01.3.

Sec.  117.261  [Amended]

0
2. Amend Sec.  117.261 by removing and reserving paragraph (l).

    Dated: December 5, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-26986 Filed 12-7-23; 8:45 am]
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