[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Page 36317]
[FR Doc No: 2022-12995]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2600-088]

Bangor-Pacific Hydro Associates; Notice of Application Tendered
for Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2600-088.
    c. Date Filed: May 27, 2022.
    d. Applicant: Bangor-Pacific Hydro Associates (Bangor Hydro).
    e. Name of Project: West Enfield Hydroelectric Project (project).
    f. Location: On the Penobscot River in Penobscot County, Maine. The
project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Randy Dorman, Relicensing Manager, Brookfield
Renewable, 150 Maine Street, Lewiston, ME 04240; phone at (207) 755-
5605, or email at [email protected].
    i. FERC Contact: Bill Connelly at<PHONE_NUMBER>, or
[email protected].
    j. This application is not ready for environmental analysis at this
time.
    k. Project Description: The existing West Enfield Hydroelectric
Project consists of: (1) a 664-foot-long, 39-foot-high concrete dam
that includes: (a) a 363-foot-long overflow spillway with 7-foot-high
flashboards and a crest elevation of 156.1 feet National Geodetic
Vertical Datum 1929 (NGVD 29) at the top of the flashboards; (b) a 107-
foot-long gated spillway with three 26-foot-wide, 25-foot-high radial
spillway gates at an elevation of 149.1 feet NGVD 29; and (c) a 194-
foot-long, 39-foot-high non-overflow section; (2) an 1,148-acre
impoundment at the spillway crest elevation of 156.1 feet NGVD 29; (3)
a 106-foot-long, 46.75-foot-high intake structure at the non-overflow
section of the dam with four 47-foot-high, 21.25-foot-wide intake gates
that are equipped with four trashracks having 1.25-inch clear bar
spacing; (4) a concrete dam (Runaround Dam) located on the west bank of
Merrill Brook, a tributary to the impoundment, with three 6.33-foot-
wide, 7.67-foot-high metal gates; (5) a 130-foot-long, 110-foot-wide
concrete powerhouse that is integral with the dam and contains two 6.5-
megawatt (MW) horizontal Kaplan turbine-generator units, for a total
installed capacity of 13.0 MW; (6) a 1,100-foot-long tailrace; (7) a
downstream fish passage facility located on top of the intake
structure; (8) a concrete vertical slot fish ladder located on the east
end of the dam; (9) an upstream eel passage facility located on the
east end of the gated spillway; (10) a 13.2/44-kilovolt (kV) step-up
transformer, and a 1,400-foot long, 44-kV overhead transmission line
connecting the project generators to the regional grid; and (11)
appurtenant facilities.
    The current license requires Bangor-Pacific Hydro to operate the
project in a run-of-river mode, such that project outflow approximates
inflow. Bangor Hydro maintains the impoundment at the flashboard crest
elevation of 156.1 feet NGVD 29. The current license also requires a
minimum bypassed reach flow of 500 cubic feet per second or the inflow
to the impoundment, whichever is less. The current license requires the
following measures: (1) an Atlantic salmon smolt stockout pond; (2)
funding anadromous fisheries management activities in the Penobscot
River Basin; and (4) a Species Protection Plan for Atlantic salmon.
Upstream and downstream passage for diadromous fish are provided from
April 1 to December 31. Upstream passage for American eel is provided
from April 1 to November 30.
    The minimum and maximum hydraulic capacities of the powerhouse are
1,200 and 6,730 cfs, respectively. The average annual generation of the
project was approximately 86,748 megawatt-hours from 2017 through 2021.
    Bangor Hydro proposes to: (1) continue to operate the project in
run-of-river mode; (2) develop an operation and compliance monitoring
plan; (3) develop a debris management plan; (4) develop a historic
properties management plan; and (5) construct a formal canoe take-out,
portage, and put-in around West Enfield Dam.
    l. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (http://www.ferc.gov)
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document (P-
2600). For assistance, contact FERC at [email protected] or
call toll-free,<PHONE_NUMBER> or<PHONE_NUMBER> (TTY).
    m. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency Letter...............  June 2022.
Request Additional Information (if      July 2022.
 necessary).
Notice of Acceptance/Notice of Ready    February 2023.
 for Environmental Analysis.
Filing of recommendations, preliminary  April 2023.
 terms and conditions, and fishway
 prescriptions.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: June 10, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-12995 Filed 6-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Rules and Regulations]
[Page 62226-62229]
[DOCID:fr27no09-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1075; Directorate Identifier 2009-NM-181-AD;
Amendment 39-16107; AD 2008-09-23 R1]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc. Model CL-600-2C10
(Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series
705), and CL-600-2D24 (Regional Jet Series 900) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that would revise an existing AD. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as:

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.

    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. * * *

    We are issuing this AD to require actions to correct the unsafe
condition on these products. This AD requires actions that are intended
to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective December 14, 2009.
    On June 6, 2008 (73 FR 24145, May 2, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
publication listed in the AD.
    We must receive comments on this AD by January 11, 2010.

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 W12-40, 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 AD, contact Bombardier,
Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The 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: Mazdak Hobbi, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 24, 2008, we issued AD 2008-09-23, Amendment 39-15504 (73
FR 24145, May 2, 2008). That AD applied to all Bombardier Model CL-600-
2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet
Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. That
AD required revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness to include the critical design
configuration control limitations (CDCCL) data.
    CDCCLs are limitation requirements to preserve a critical ignition
source prevention feature of the fuel tank system design that is
necessary to prevent the occurrence of an unsafe condition. The purpose
of a CDCCL is to provide instruction to retain the critical ignition
source prevention feature during configuration change that may be
caused by alterations, repairs, or maintenance actions. A CDCCL is not
a periodic inspection.
    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS of the
Instructions for Continued Airworthiness. But once the CDCCLs are
incorporated into the ALS of the Instructions for Continued
Airworthiness, future maintenance actions on components must be done in
accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. This new
AD retains the requirements of the existing AD, and adds a new note to
clarify the intended effect of the AD on spare and on-airplane fuel
tank system components. We have renumbered subsequent notes
accordingly.

Explanation of Additional Change to AD

    AD 2008-09-23 allowed the use of alternative CDCCLs if they are
part of a ``later revision'' of the ALS of the Instructions for
Continued Airworthiness. That provision has been removed from this AD.
Allowing the use of ``later revisions'' of specific service documents
violates Office of the Federal Register policies for approving
materials that are incorporated by reference. Affected operators,
however, may request approval to use an alternative CDCCL that is part
of a later revision of the referenced service document as an
alternative method of compliance, under the provisions of paragraph (g)
of this AD.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    We estimate that this AD will affect about 297 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $23,760, or $80 per
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1075; Directorate
Identifier 2009-NM-181-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act. We prepared a regulatory evaluation
of the estimated costs to comply with this AD and placed it in the AD
docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15504 (73 FR
24145, May 2, 2008) and adding the following new AD:

2008-09-23 R1 Bombardier, Inc. (Formerly Bombardier Aerospace, Inc.;
Canadair): Amendment 39-16107. Docket No. FAA-2009-1075; Directorate
Identifier 2009-NM-181-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
14, 2009.

Affected ADs

    (b) This AD revises AD 2008-09-23, Amendment 39-15504.

Applicability

    (c) This AD applies to all Bombardier Inc. Model CL-600-2C10
(Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet
Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes,
certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. Revision has been made to Bombardier CL-600-
2C10, CL-600-2D15, CL-600-2D24 Maintenance Requirements Manual, CSP
B-053, Part 2, Section 3, ``Fuel System Limitations'' to introduce
the required CDCCL.
    The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
include the CDCCL data.

Restatement of AD 2008-09-23, With Changes to Compliance Method:
Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after June 6, 2008 (the effective date of AD
2008-09-23), revise the ALS of the Instructions for Continued
Airworthiness to incorporate the CDCCL data specified in CRJ 700/900
Series Regional Jet (Bombardier) Temporary Revision (TR) 2-222,
dated March 30, 2006, to Section 3, ``Fuel System Limitations,'' of
Part 2 of Bombardier CL-600-2C10, CL-600-2D15 and CL-600-2D24
Maintenance Requirements Manual CSP B-053.

    Note 1:  The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of the TR into the maintenance
requirements manual. When the TR has been included in the general
revision of the maintenance program, the general revision may be
inserted into the maintenance requirements manual, provided the
relevant information in the general revision is identical to that in
the TR, and the temporary revision may be removed.

    (2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative CDCCLs may be used unless the
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (g)(1) of this
AD.

NEW INFORMATION

Explanation of CDCCL Requirements

    Note 2:  Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS
of

the Instructions for Continued Airworthiness, as required by
paragraph (f) of this AD, do not need to be reworked in accordance
with the CDCCLs. However, once the ALS of the Instructions for
Continued Airworthiness has been revised, future maintenance actions
on these components must be done in accordance with the CDCCLs.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Program Manager, Continuing Operational Safety,
FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New
York, 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to ensure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3502 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-07,
dated January 25, 2008; and CRJ 700/900 Series Regional Jet
(Bombardier) Temporary Revision 2-222, dated March 30, 2006; for
related information.

Material Incorporated by Reference

    (i) You must use CRJ 700/900 Series Regional Jet (Bombardier)
Temporary Revision 2-222, dated March 30, 2006, to Section 3, ``Fuel
System Limitations,'' of Part 2 of Bombardier CL-600-2C10, CL-600-
2D15 and CL-600-2D24 Maintenance Requirements Manual CSP B-053, to
do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register previously approved the
incorporation by reference of CRJ 700/900 Series Regional Jet
(Bombardier) Temporary Revision 2-222, dated March 30, 2006, to
Section 3, ``Fuel System Limitations,'' of Part 2 of Bombardier CL-
600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements
Manual CSP B-053, on June 6, 2008 (73 FR 24145, May 2, 2008).
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 18, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-28297 Filed 11-25-09; 8:45 am]

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