[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48476-48477]
[FR Doc No: 2021-18568]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0054; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2019 Schuler Spezialfahrzeuge GmbH Trailers Are Eligible for
Importation

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

ACTION: Receipt of petition.

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SUMMARY: This document announces the National Highway Traffic Safety
Administration (NHTSA) receipt of a petition for a decision that model
year (MY) 2019 Schuler Spezialfahrzeuge GmbH trailers that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards (FMVSS), are eligible for importation into the
United States because they are capable of being readily altered to
conform to the standards.

DATES: The closing date for comments on the petition is September 29,
2021.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard along with
the comments. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured

for importation into and sale in the United States, certified under 49
U.S.C. 30115, and of the same MY as the model of the motor vehicle to
be compared, and is capable of being readily altered to conform to all
applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
of each petition that it receives in the Federal Register, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Skytop Rover Co., Inc., (Registered Importer R-6-343), of
Philadelphia, Pennsylvania has petitioned NHTSA to decide whether
nonconforming MY 2019 Schuler Spezialfahrzeuge GmbH trailers are
eligible for importation into the United States. The vehicles which
America's Import & Export Authority Inc. believes are capable of being
readily altered to conform to all applicable FMVSS.
    Skytop Rover Co., Inc. submitted information with its petition
intended to demonstrate that non-U.S. certified MY 2019 Schuler
Spezialfahrzeuge GmbH trailers, as originally manufactured, conform to
many applicable FMVSS, or are capable of being readily altered to
conform to those standards. Specifically, the petitioner claims that
the non-U.S. certified MY 2019 Schuler Spezialfahrzeuge GmbH trailers,
as originally manufactured, are only subject to: FMVSS Nos. 108, Lamps,
Reflective Devices and Associated Equipment, 119, New Pneumatic Tires,
120, Tire and Rim Selection, 121, Air Brake Systems, 223, Rear Impact
Guards, 224, Rear Impact Protection.
    The petitioner also contends that the subject non-U.S. certified
vehicles meet the following FMVSS:
    FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment:
The petitioner claims the vehicle meets all aspects of this standard.
The petitioner provided pictures of the lighting and retro-reflective
tape on the vehicle as equipped however the images revealed no
retroreflective tape applied to the upper corners of the rear extremity
of the vehicle.
    FMVSS No. 119, New Pneumatic Tires: The petitioner claims the
vehicle is equipped with tires that bear the relevant ``DOT'' markings/
symbols and all required information for U.S. DOT certification.
    FMVSS No. 121, Air Brake Systems: The petitioner claims the vehicle
meets all aspects of this standard. The petitioner provided a test
report limited in scope to service brake and park brake actuation and
release timing tests. The test report showed results that are within
the requirements for brake actuation specified for this FMVSS. The
petitioner did not provide any further substantiation of compliance
with this standard.
    FMVSS Nos. 223, Rear Impact Guards and 224, Rear Impact Protection:
The petitioner claims the rearmost structural element of the trailer
has a ground clearance of less than 22 inches and therefor is excluded
from the requirements of FMVSS No. 224. The petitioner also states that
a rear impact guard is not required therefor FMVSS No. 223 is not
applicable. The petitioner provided photographs depicting the
measurements of the ground clearance of the rearmost structural member
of the trailer that appear to support this claim.
    The petitioner also contends that the subject non-U.S. certified
vehicles are capable of meeting the requirements set forth in 49 CFR
part 565, Vehicle Identification Number Requirements and 49 CFR, part
567, Certification by affixing a safety certification label to the
trailer on the ``Left Front Half at Shoulder Height'' that contains the
VIN number of the vehicle to fully comply with these standards.
    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR
593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-18568 Filed 8-27-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 19977-19978]
[FR Doc No: 2022-07251]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2022-0006]

Stakeholder Meeting on OSHA Initiatives To Protect Workers From
Heat-Related Hazards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of stakeholder meeting.

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SUMMARY: OSHA invites interested parties to participate in a
stakeholder meeting on the agency's initiatives to protect workers from
heat-related hazards. OSHA will provide an overview of its ongoing
activities to protect workers from heat-related hazards, as well as an
introduction to the agency's rulemaking process and ways for the public
to participate in that process. Additionally, participants are invited
to provide public comments and ask questions related to OSHA's ongoing
efforts to prevent heat injury and illness in outdoor and indoor work
settings.

DATES: The stakeholder meeting will be held from 12:00 p.m. to 5:00
p.m. ET on May 3, 2022.

ADDRESSES: The meeting will take place virtually using Zoom.
    Registration: If you would like to attend, provide public comment,
or ask questions, please register online at https://projects.erg.com/conferences/osha/osha-heat.html. If you are interested in providing
public comments, you must indicate that while registering. In order to
accommodate many speakers, public comments will be limited to no more
than three minutes during this meeting. The duration of speaking time
is subject to change, and the time allotted for each speaker will be
finalized upon the close of registration. Although OSHA welcomes all
comments and seeks to accommodate many speakers at the meeting, it may
not be possible to accommodate all stakeholder requests to speak at the
meeting. The order of speakers will be determined based on affiliation
and will be confirmed with speakers prior to the event.

    Those who cannot attend the meeting and those who are unable or
choose not to make verbal comments during the meeting are invited to
submit their comments in writing to OSHA via the instructions below.
    Public Comments: Those who cannot attend the meeting and those who
are unable or choose not to make verbal comments during the meeting are
invited to submit their comments in writing. You may submit comments
and additional materials electronically until August 1, 2022.
    Comments may be submitted as follows:
    Electronically: You may submit comments and attachments, identified
by Docket No. OSHA-2022-0006, electronically at www.regulations.gov,
which is the Federal e-Rulemaking Portal. Follow the online
instructions for submitting comments. All written submissions must
include the agency's name and the docket number for this public meeting
(Docket No. OSHA-2022-0006).
    Docket: To read or download comments or other material in the
docket go to https://www.regulations.gov, identified by Docket No.
OSHA-2022-0006. Documents in the docket are listed in the https://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>) for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency's name and
the docket number for this meeting (Docket No. OSHA-2022-0006). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public or
submitting materials that contain personal information (either about
themselves or others), such as Social Security Numbers and birthdates.
    Requests for special accommodations: Please submit requests for
special accommodations for this stakeholder meeting during
registration.

FOR FURTHER INFORMATION CONTACT:
    Press Inquiries: Contact Frank Meilinger, Director, Office of
Communications, U.S. Department of Labor; telephone<PHONE_NUMBER>;
email [email protected].
    General and technical information: Contact Lisa Long, Acting Deputy
Director, Directorate of Standards and Guidance, U.S. Department of
Labor; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Workers in both outdoor and indoor work settings without adequate
climate-controlled environments are at risk of hazardous heat exposure.
Workers of color are disproportionately exposed to hazardous levels of
heat in essential jobs across these work settings. Climate change is
increasing the frequency and intensity of hazardous heat events, which
puts more workers at risk of hazardous heat exposure, including in
areas of the U.S. not historically impacted by hazardous heat. OSHA has
several ongoing initiatives to reduce occupational heat illnesses,
injuries, and fatalities. During this stakeholder meeting, OSHA will
present an overview of its ongoing activities to protect workers from
heat-related hazards, as well as an introduction to the agency's
rulemaking process and ways for the public to participate in that
process. The agency will also provide an overview of the following
topics: (1) The agency's Heat Illness Prevention Campaign, (2)
compliance assistance activities, and (3) enforcement efforts. At the
end of each OSHA information session, stakeholders will have an
opportunity to ask questions about the presentations.
    Additionally, this meeting will include periods for public comment
and testimony during which OSHA is interested in receiving feedback
from stakeholders on how OSHA can more effectively serve the public
through its heat injury and illness prevention activities. OSHA is
requesting comment from interested parties, including from state and
local governments, tribal governments, non-governmental organizations,
labor unions, academia, business and industry, tribal/indigenous
organizations, and community-based organization stakeholders, as well
as individuals, including affected workers, regarding these topics.
Case studies, real world examples, and any data to support the comments
are encouraged.

II. Meeting Format

    The meeting will feature brief presentations from OSHA on the
topics outlined in this notice, followed by opportunities for
stakeholders to ask questions about the presentations. There will also
be public comment and testimony periods during which OSHA is interested
in receiving feedback from stakeholders. Participants should focus on
providing comment on the topics provided in this notice. OSHA plans to
use this meeting to establish an open dialogue with stakeholders, and
information presented to the agency may be used to inform future
activities on preventing heat illness and injury in indoor and outdoor
workplaces. Written comments may also be provided to OSHA at the
conclusion of the meeting, or as a follow-up to the meeting. Those who
cannot attend the meeting and those who are unable or choose not to
make verbal comments during the meeting are also invited to submit
their comments in writing. The meeting will take place virtually using
Zoom and will be available for concurrent viewing by the public on the
DOL YouTube channel. The meeting will be broadcast in English and
Spanish and may be archived for future viewing. More information on
registration is provided above.

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue
NW, Washington, DC 20210, authorized the preparation of this document
pursuant to the following authorities: 29 U.S.C. 653, 655, and 657,
Secretary's Order 8-2020 (85 FR 58393; Sept. 18, 2020), and 29 CFR part
1911.

Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-07251 Filed 4-5-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Notices]
[Page 42450-42452]
[DOCID:fr02au07-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56149; File No. SR-BSE-2007-38]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Penny Pilot Program

July 26, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 24, 2007, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the BSE. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which rendered the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the Boston Options Exchange
(``BOX'') pilot program that permits BOX to quote certain classes in
penny increments (``Penny Pilot Program'') through September 27, 2007.
The text of the proposed rule change is available at BSE, the
Commission's Public Reference Room, and http://www.bostonstock.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in Sections A, B, and C below, of the most
significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to extend the Penny
Pilot Program under the Rules of the BOX for approximately an
additional two months, extending the program through September 27,
2007. The Penny Pilot Program permits BOX to quote certain designated
classes in penny increments.\5\ The proposed extension will amend
Section 33, (``Penny Pilot Program'') of Chapter V (``Doing business on
BOX'') of the BOX Rules.
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    \5\ Under BOX's Rules, the Penny Pilot Program is currently set
to expire on July 26, 2007. See Securities Exchange Act Release No.
55155 (January 23, 2007), 72 FR 4741 (February 1, 2007) (SR-BSE-
2006-49); see also Securities Exchange Act Release No. 54789
(November 20, 2006), 71 FR 68654 (November 27, 2006) (SR-BSE-2006-
49) (respectively, the ``Original Penny Pilot Program Approval
Order'' and ``Notice'').
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    Currently, all six options exchanges, including BOX, participate in
the Penny Pilot Program which includes the following thirteen options:
Ishares Russell 2000 (IWM); NASDAQ-100 Index Tracking Stock (QQQQ);
SemiConductor Holders Trust (SMH); General Electric Company (GE);
Advanced Micro Devices, Inc. (AMD), Microsoft Corporation (MSFT); Intel
Corporation (INTC); Caterpillar, Inc. (CAT); Whole Foods Market, Inc.
(WFMI); Texas Instruments, Inc. (TXN); Flextronics International Ltd.
(FLEX); Sun Microsystems, Inc. (SUNW); and Agilent Technologies, Inc.
(A).
    The minimum price variation for all classes included in the Penny
Pilot Program, except for the QQQQs, will continue to be $0.01 for all
quotations in option series that are quoted at less than $3 per
contract and $0.05 for all quotations in option series that are quoted
at $3 per contract or greater. The QQQQs will continue to be quoted in
$0.01 increments for all options series.
    BOX will deliver a report to the Commission during the first month
after the expiration of the pilot, which will be composed of data from
approximately the last five months of trading, from May 1, 2007 through
September 27, 2007. The report will analyze the impact of penny pricing
on market quality and options system capacity.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with section 6(b) of the Act \6\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\7\ in particular, in that it
is designed to foster cooperation and coordination with persons engaged
in regulating, clearing, settling, processing information with respect
to, and facilitating transactions in securities, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received by the
Exchange.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The proposed rule change has become effective pursuant to section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder,\9\ because
the foregoing proposed rule does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30-days after the date of filing.\10\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest.\11\ The Exchange has requested that
the Commission waive the 5-day pre-filing requirement and the 30-day
operative delay. The Commission believes that waiving the 5-day pre-
filing requirement and the 30-day operative delay is consistent with
the protection of investors and the public interest because such waiver
will ensure continuity of the Exchange's rules and will allow the Penny
Pilot Program to remain in effect without interruption. For these
reasons, the Commission designates the proposal to be operative upon
filing with the Commission.\12\
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    \10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\13\
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    \13\ See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-BSE-2007-38 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F. Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BSE-2007-38. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written

communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room, 100 F. Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the BSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BSE-2007-38 and should be submitted on or before August
23, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-14915 Filed 8-1-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Page 23958]
[FR Doc No: 2021-09479]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1768-000]

Light Power & Gas LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Light Power & Gas LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 19, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: April 29, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

[FR Doc. 2021-09479 Filed 5-4-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Rules and Regulations]
[Pages 25363-25365]
[FR Doc No: 2013-09431]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0348; Directorate Identifier 2013-CE-005-AD;
Amendment 39-17439; AD 2013-08-21]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Diamond
Aircraft Industries Model DA 40 NG airplanes. This AD results from
mandatory continuing airworthiness information (MCAI) issued by the
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as chafing between the charge air tubing and the engine
firewall that may cause a hole in the charge air tubing, which could
result in loss of charged air pressure with consequent loss of engine
power and loss of control. We are issuing this AD to require actions to
address the unsafe condition on these products.

DATES: This AD is effective May 21, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 21, 2013.
    We must receive comments on this AD by June 17, 2013.

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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43 2622 26780; email:
<EMAIL_ADDRESS>Internet: http://www.diamondaircraft.com/contact/technical.php. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

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

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2013-0018, dated January 21, 2013 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    An occurrence of loss of engine charge air pressure was
reported, which prompted an in-flight Engine Control Unit warning.
The investigation results identified that chafing caused a hole in
the charge air tubing where it touched the engine firewall. Further
investigation results identified other DA 40 NG aeroplanes with
chafing marks in this area.
    To prevent chafing between the charged air tube and engine
firewall, DAI issued Recommended SB 40NG-011 to replace the charged
air elbow hose between the turbocharger and intercooler with an
aluminium tube to improve the durability of the charged air system.
    After issuance of SB 40NG-011, an additional occurrence of a
hole in a charge air tube was reported, apparently caused by
chafing. The results of the subsequent investigation revealed that
the improved design cannot assure the necessary clearance between
the charged air tubing and surrounding parts.
    This condition, if not corrected, could lead to loss of charged
air pressure, possibly resulting in loss of engine power and reduced
control of the aeroplane.
    To address this unsafe condition, DAI issued Mandatory SB 40NG-
18, providing instructions to inspect the charged air tubing from
the turbocharger to the intercooler and replacement of affected
parts with an improved design.
    For the reasons described above, this AD requires repetitive
inspections of charged air tubing for the presence of the chafing
marks and, depending on findings, replacement of damaged tubing, or
installation of improved design tubing.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin 40NG-018/1, dated November 20, 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 the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because there
is only one airplane on the U.S. registry affected by this unsafe
condition, and the required modification has been completed on the
specific airplane. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are unnecessary and that good
cause exists for making this amendment effective in fewer 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-2013-0348; Directorate
Identifier 2013-CE-005-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.

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We
also estimate that it would take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $1,381 per
product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $1,551, or $1,551 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-08-21 Diamond Aircraft Industries: Amendment 39-17439; Docket
No. FAA-2013-0348; Directorate Identifier 2013-CE-005-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 21,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries
GmbH airplanes, certificated in any category:
    (1) Model DA 40 NG airplanes serial numbers 40.N001 through
40.N084; and
    (2) Model DA 40 NG airplanes, all serial numbers, that have been
converted from the Model DA 40 D.

(d) Subject

    Air Transport Association of America (ATA) Code 81:
Turbocharging.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. We are issuing this AD to detect and correct chafing
between the charge air tubing and the engine firewall that may cause
a hole in the charge air tubing and could result in loss of charged
air pressure with consequent loss of engine power and loss of
control.

(f) Actions and Compliance

    Unless already done, do the actions specified in paragraphs
(f)(1) through (f)(6).
    (1) Initially within the next 50 hours time-in-service (TIS)
after May 21, 2013 (the effective date of this AD) or within the
next 60 days after May 21, 2013 (the effective date of this AD),
whichever occurs first, and repetitively thereafter at intervals not
to exceed 50 hours TIS inspect, the charged air tubing from the
turbocharger to the intercooler for chafing marks following the
Accomplishments/Instructions section of Diamond Aircraft Industries
GmbH Mandatory Service Bulletin 40NG-018/1, dated November 26, 2012.
    (2) If chafing marks are found on the charged air tubing during
any inspection required in paragraph (f)(1) of this AD, before
further flight, replace the charged air tubing with an airworthy
part or modify the airplane with the improved design parts as
specified in paragraph (f)(3) of this AD. Follow the Instructions
section of Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
40NG-018, Revision 1, dated November 26, 2012, as specified in the
Accomplishments/Instructions section of Diamond Aircraft Industries
GmbH Mandatory Service Bulletin 40NG-018/1, dated November 26, 2012.
If you choose to replace with an airworthy part instead of modifying
the airplane as specified in paragraph (f)(3) of this AD, you must
continue the repetitive inspections required in paragraph (f)(1) of
this AD until the modification required in paragraph (f)(3) of this
AD.
    (3) Within the next 200 hours TIS after May 21, 2013 (the
effective date of this AD) or within the next 12 months after May
21, 2013 (the effective date of this AD), whichever occurs first,
unless already done as the corrective action specified in paragraph
(f)(2) of this AD, modify the airplane with the improved design
parts. Follow the Instructions sections Diamond Aircraft Industries
GmbH Work Instruction WI-MSB-40NG-018, Revision 1, dated November
26, 2012, as specified in the Accomplishments/Instructions section
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40NG-
018/1, dated November 26, 2012.
    (4) Modification of the airplane with improved design parts as
specified in paragraph (f)(3) of this AD terminates the repetitive
inspection requirements in paragraph (f)(1) of this AD.
    (5) After the modification specified in paragraph (f)(3) of this
AD, do not install charge air elbow hose part number (P/N) SNS5X-O-
60--72-90 [deg], charge air tube P/N D44-8126-00-05, or charge air
hose P/N D44-8122-00-10 on any airplane.
    (6) After May 21, 2013 (the effective date of this AD), Diamond
Aircraft Industries

GmbH Recommended Service Bulletin 40NG-011, dated February 28, 2012,
is no longer valid, and any actions following Diamond Aircraft
Industries GmbH Recommended Service Bulletin 40NG-011, dated
February 28, 2012, are prohibited.

(g) Credit for Actions Accomplished in Accordance With Previous Service
Information

    If, before May 21, 2013 (the effective date of this AD), you
performed the actions in the Accomplishments/Instructions section of
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40NG-
018, dated November 22, 2012, you met the requirements of paragraphs
(f)(1), (f)(2), and (f)(3) of this AD.

(h) Other FAA AD Provisions

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

(i) Related Information

    Refer to European Aviation Safety Agency (EASA) AD 2013-0018,
dated January 21, 2013; and Diamond Aircraft Industries GmbH
Mandatory Service Bulletin 40NG-018, dated November 22, 2012, for
related information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
40NG-018/1, dated November 26, 2012.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
40NG-018, Revision 1, dated November 26, 2012.
    (3) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43
2622 26700; fax: +43 2622 26780; email<EMAIL_ADDRESS>
Internet: http://www.diamondaircraft.com/contact/technical.php.
    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on April 15, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-09431 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Rules and Regulations]
[Pages 27120-27123]
[FR Doc No: 2012-11196]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0095]
RIN 1625-AA00

Safety Zone; Virginia Beach Oceanfront Air Show, Atlantic Ocean,
Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard will establish a temporary safety zone on the
Atlantic Ocean in the vicinity of Virginia Beach, VA to support the
Virginia Beach Oceanfront Air Show. This action is necessary to provide
for the safety of life on navigable waters during the Virginia Beach
Air Show. This action is intended to restrict vessel traffic movement
on the Atlantic Ocean to protect mariners from the hazards associated
with air show events.

DATES: This rule is effective from 11 a.m. on May 31, 2012, until 5
p.m. on June 3, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0095 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0095 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary

rule, call or email LCDR Hector Cintron, Waterways Management Division
Chief, Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 7, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Virginia Beach Oceanfront Air Show,
Atlantic Ocean, Virginia Beach, VA in the Federal Register (76 FR
13519). We received one comment on the proposed rule. No public meeting
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment during the fireworks event; therefore, a
30-day notice is impracticable. Delaying the effective date would be
contrary to the safety zone's intended objectives of protecting persons
and vessels involved in the event, and enhancing public and maritime
safety.

Background and Purpose

    On May 31, 2012 through June 3, 2012, the United States Navy will
host an air show event over the Atlantic Ocean in Virginia Beach, VA.
In recent years, there have been unfortunate instances of jets and
planes crashing during performances at air shows. Along with a jet or
plane crash, there is typically a wide area of scattered debris that
also damages property and could cause significant injury or death to
mariners observing the air shows. Due to the need to protect mariners
and the public transiting the Atlantic Ocean immediately below the air
show from hazards associated with the air show, the Coast Guard is
establishing a temporary safety zone bound by the following
coordinates: 36[deg]-51'-48'' N/075[deg]-58'-36'' W, 36[deg]-51'-54''
N/075[deg]-58'-06'' W, 36[deg]-49'-54'' N/075[deg]-57'-30'' W, 36[deg]-
49-48'' N/075[deg]-58'-06'' W (NAD 1983). Access to this area will be
temporarily restricted for public safety purposes.

Discussion of Comments and Changes

    The Coast Guard did receive one comment in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register. The
commenter suggested that the Coast Guard add a chart to the regulation
to provide a visual of the safety zone. A chart of the area can be
obtained by contacting LCDR Hector Cintron, and thus we do not believe
it is necessary to publish the chart in the Federal Register.
Accordingly, the Coast Guard is finalizing without change this rule
establishing a temporary safety zone on specified waters on the
Atlantic Ocean, Virginia Beach, Virginia.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Atlantic Ocean in the vicinity of Virginia
Beach, Virginia bounded by the following coordinates: 36[deg]-51'-48''
N/075[deg]-58'-36'' W, 36[deg]-51'-54'' N/075[deg]-58'-06'' W, 36[deg]-
49'-54'' N/075[deg]-57'-30'' W, 36[deg]-49-48'' N/075[deg]-58'-06'' W
(NAD 1983). This temporary safety zone is in the interest of public
safety during the Virginia Beach Oceanfront Air show and will be
enforced from 11 a.m. until 5 p.m. on May 31, 2012, from 11 a.m. until
5 p.m. on June 1, 2012, 11 a.m. until 5 p.m. on June 2, 2012, and from
11 a.m. until 5 p.m. on June 3, 2012. Access to the safety zone will be
restricted during the specified dates and times. Except for vessels
authorized by the Captain of the Port or his Representative, no person
or vessel may enter or remain in the temporary safety zone.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; (iii) mariners may transit the waters
in and around this safety zone at the discretion of the Captain of the
Port or designated representative; and (iv), the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    The rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor on the Atlantic Ocean in the vicinity of Virginia
Beach, VA from 11 a.m. until 5 p.m. on May 31, 2012, from 11 a.m. until
5 p.m. on June 1, 2012, 11 a.m. until 5 p.m. on June 2, 2012, and from
11 a.m. until 5 p.m. on June 3, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
temporary safety zone will only be in place for a limited duration and
limited size. (ii) Before the enforcement period of May 31, 2012 to
June 3, 2012, maritime advisories will be issued allowing mariners to
adjust their plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 subpart C as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add temporary Sec.  165.T05-0095, to read as follows:

Sec.  165.T05-0095  Safety Zone; Virginia Beach Oceanfront Air Show,
Atlantic Ocean, Virginia Beach, VA

    (a) Regulated Area. The following area is a safety zone: Specified
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, of the Atlantic Ocean in the vicinity of Virginia
Beach, VA bound by the following coordinates: 36[deg]-51'-48'' N/
075[deg]-58'-36'' W, 36[deg]-51'-54'' N/075[deg]-58'-06'' W, 36[deg]-
49'-54'' N/075[deg]-57'-30'' W, 36[deg]-49-48'' N/075[deg]-58'-06'' W
(NAD 1983).
    (b) Definition: For purposes of enforcement of this section,
Captain of the Port Representative means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port, Hampton Roads, Virginia to act on his behalf.
    (c) Regulation: (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
U.S. Coast Guard Ensign; and
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) Any person or vessel seeking to transit through the safety zone
may

request prior permission of the Captain of the Port, Hampton Roads,
Virginia who can be contacted at telephone number<PHONE_NUMBER>.
    (4) U.S. Coast Guard vessels enforcing the safety zone can be
contacted on VHF-FM marine band radio, channel 13 (156.65 MHz) and
channel 16 (156.8 MHz).
    (d) Enforcement period: This regulation will be enforced from 11
a.m. until 5 p.m. on May 31, 2012, from 11 a.m. until 5 p.m. on June 1,
2012, 11 a.m. until 5 p.m. on June 2, 2012, and from 11 a.m. until 5
p.m. on June 3, 2012.

    Dated: April 25, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-11196 Filed 5-8-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81455-81456]
[FR Doc No: 2010-32554]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510 and 522

[Docket No. FDA-2010-N-0002]

New Animal Drugs; Deslorelin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an original new animal drug
application (NADA) filed by Thorn Bioscience LLC. The NADA provides for
the use of deslorelin acetate injectable suspension in mares for
inducing ovulation.

DATES: This rule is effective December 28, 2010.

FOR FURTHER INFORMATION CONTACT:
    Amy L. Omer, Center for Veterinary Medicine (HFV-114), Food and
Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-
8336, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Thorn Bioscience LLC, 1044 East Chestnut
St., Louisville, KY 40204, filed NADA 141-319 that provides for use of
SUCROMATE Equine (deslorelin acetate), an injectable suspension, in
mares for inducing ovulation. The NADA is approved as of November 5,
2010, and the regulations are amended in 21 CFR 522.533 to reflect the
approval.
    In addition, Thorn Bioscience LLC has not been previously listed in
the animal drug regulations as a sponsor of an approved application.
Accordingly, 21 CFR 510.600(c) is being amended to add entries for this
firm.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    The Agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for
3 years of marketing exclusivity beginning on the date of approval.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Part 522

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510 and
522 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In Sec.  510.600, in the table in paragraph (c)(1) alphabetically
add an entry for ``Thorn Bioscience LLC''; and in the table in
paragraph (c)(2) numerically add an entry for ``051330'' to read as
follows:
* * * * *

Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of
approved applications.

    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                           Drug labeler
                  Firm name and address                        code
------------------------------------------------------------------------

                                * * * * *
Thorn Bioscience LLC, 1044 East Chestnut St.,                     051330
 Louisville, KY 40204...................................

                                * * * * *
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
                                                           Firm name and
                    Drug labeler code                         address
------------------------------------------------------------------------

                                * * * * *
051330..................................................           Thorn
                                                              Bioscience
                                                          LLC, 1044 East
                                                           Chestnut St.,
                                                          Louisville, KY
                                                                   40204

                                * * * * *
------------------------------------------------------------------------

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

0
4. Revise Sec.  522.533 to read as follows:

Sec.  522.533  Deslorelin.

    (a) Specifications--(1) Each implant contains 2.1 milligrams (mg)
deslorelin acetate.
    (2) Each milliliter (mL) of suspension contains 1.8 mg deslorelin
acetate.
    (b) Sponsors. See sponsor numbers in Sec.  510.600(c) of this
chapter as follows:
    (1) No. 043246 for use of product described in paragraph (a)(1) as
in paragraph (c)(1) of this section.
    (2) No. 051330 for use of product described in paragraph (a)(2) as
in paragraph (c)(2) of this section.
    (c) Conditions of use--(1) Horses and ponies--(i) Amount. One
implant per mare subcutaneously in the neck.
    (ii) Indications for use. For inducing ovulation within 48 hours in
estrous mares with an ovarian follicle greater than 30 mL in diameter.
    (iii) Limitations. Do not use in horses or ponies intended for
human consumption. Federal law restricts this drug to use by or on the
order of a licensed veterinarian.
    (2) Horses--(i) Amount. Administer 1.8 mg (1 mL) by intramuscular
injection in the neck.
    (ii) Indications for use. For inducing ovulation within 48 hours in
cyclic estrous mares with an ovarian follicle between 30 and 40 mL in
diameter.
    (iii) Limitations. Do not use in horses intended for human
consumption. Federal law restricts this drug to use by or on the order
of a licensed veterinarian.

    Dated: December 9, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-32554 Filed 12-27-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Notices]
[Pages 80654-80655]
[FR Doc No: 2016-27483]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-159-000.
    Applicants: Noble Energy, Inc., CNX Gas Company LLC.
    Description: Joint Petition for Temporary Waiver of Capacity
Release Regulations and Policies and Related Tariff Provisions and
Request, et al. of Noble Energy, Inc., et al. under RP17-159.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5207.
    Comments Due: 5 p.m. ET 11/10/16.

    Docket Numbers: RP17-160-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Town of Corning, IL Negotiated
Rate to be effective 12/1/2016.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5086.
    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: RP17-161-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Clean Up to be effective 12/7/
2016.
    Filed Date: 11/7/16.
    Accession Number: 20161107-5107.
    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: RP17-162-000.
    Applicants: USG Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Housekeeping Tariff Revisions
to be effective 12/8/2016.
    Filed Date: 11/7/16.

    Accession Number: 20161107-5119.
    Comments Due: 5 p.m. ET 11/21/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 8, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-27483 Filed 11-15-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 22995-22996]
[FR Doc No: 2017-10124]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-28-000]

Eastern Shore Natural Gas Company; Notice of Availability of the
Environmental Assessment for the Proposed 2017 Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the 2017
Expansion Project, proposed by Eastern Shore Natural Gas Company
(Eastern Shore) in the above-referenced docket. Eastern Shore requests
authorization to construct and operate pipeline facilities in
Pennsylvania, Maryland, and Delaware. These facilities would include
six pipeline loop segments totaling 22.7 miles; one 16.9-mile-long
mainline extension; upgrades to an existing meter and regulator
station; installation of an additional 3,750 horsepower (hp) compressor
unit at an existing compressor station; and the addition of two
pressure control stations.
    The EA assesses the potential environmental effects of the
construction and operation of the 2017 Expansion Project in accordance
with the requirements of the National Environmental Policy Act (NEPA).
The FERC staff concludes that approval of the proposed project, with
appropriate mitigating measures, would not constitute a major federal
action significantly affecting the quality of the human environment.
    The U.S. Army Corps of Engineers and the U.S. Department of
Agriculture Natural Resources Conservation Service participated as
cooperating agencies in the preparation of the EA. Cooperating agencies
have jurisdiction by law or special expertise with respect to resources
potentially affected by the proposal and participate in the NEPA
analysis.
    The proposed 2017 Expansion Project includes constructing and
operating the following facilities:
     Pipeline loop segments (10-, 16-, and 24-inch-diameter)
totaling 22.7 miles in the states of Pennsylvania, Maryland, and
Delaware;
     One 10-inch-diameter 16.9-mile-long mainline extension in
Sussex County, Delaware;
     Upgrades to an existing meter and regulator station and
lateral piping at the existing interconnect with Texas Eastern in
Lancaster County, Pennsylvania;
     Installation of an additional 3,750 horsepower (hp)
compressor unit at the existing Daleville Compressor Station in Chester
County, Pennsylvania; and
     Addition of two pressure control stations in Sussex
County, Delaware.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
newspapers and libraries in the project area; and potentially affected
landowners and other interested individuals and groups.
    In addition, the EA is available for public viewing on the FERC's
Web site (www.ferc.gov) using the eLibrary link. A limited number of
copies of the EA are available for distribution and public inspection
at: Federal Energy Regulatory Commission, Public Reference Room, 888
First Street NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or

lessen environmental impacts. The more specific your comments, the more
useful they will be. To ensure that the Commission has the opportunity
to consider your comments prior to making its decision on this project,
it is important that we receive your comments in Washington, DC on or
before June 12, 2017.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP17-28-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP17-
28). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: May 12, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-10124 Filed 5-18-17; 8:45 am]
 BILLING CODE 6717-01-P


MEMORANDUM
TO:		Docket EPA-HQ-OAR-2006-0790
FROM:	Mary Johnson, EPA/OAR/OAQPS/SPPD
DATE:	December 2012
SUBJECT:	Beyond-the-Floor Analysis for Mercury
            and Carbon Monoxide
            Area Source Industrial/Commercial/Institutional Boilers

1.0 BACKGROUND
	This memorandum describes the EPA's beyond-the-floor analysis for mercury emissions and carbon monoxide (CO) emissions from new and existing area source coal-fired boilers with heat input capacity of 10 million British thermal units (MMBtu) per hour or greater.
      In our final rule action on reconsideration, we are amending the maximum achievable control technology (MACT)-based mercury emission limit for new and existing coal-fired boilers subject to subpart JJJJJJ of 40 CFR part 63. At the time of the March 2011 promulgation, the mercury limit for new and existing coal-fired boilers was 4.8 X 10[-6] pounds (lb) of mercury per MMBtu. That limit was based on the best performer of seven units for which data were available. The best performing boiler had a series of controls (dry limestone injection/dry scrubber/fabric filter/selective catalytic reduction/selective non-catalytic reduction (NH3 Or Urea Injection)) apparently for control of sulfur dioxide, particulate matter, and nitrogen oxides in series. All of the mercury data for the best-performing boiler were below the method detection limit. After promulgation, the EPA determined that the boiler on which the mercury limit was based is, in fact, a utility boiler and not part of the source categories being regulated under this action. Thus, the utility boiler and its emissions data should not have been considered in establishing the mercury emission limit for new and existing coal-fired boilers.
	An examination of the mercury emissions data for the remaining six units determined that the top performing boiler is now a unit with fabric filter control from Massachusetts that had measured emissions of 1.9 X 10[-6] lb of mercury per MMBtu. These emissions are above the method detection limit. Because the unit is from Massachusetts, the fuel variability factor of 10.9 for eastern bituminous coal is applicable. Using the data and the fuel variability factor of 10.9, the revised mercury emission limit for new and existing coal-fired boilers is 2.2 X 10[-5] lb of mercury per MMBtu.
	As discussed in the final reconsideration rule, we are amending the CO emission limit for new and existing coal-fired boilers from 400 parts per million (ppm) by volume on a dry basis, corrected to 3 percent oxygen, to 420 ppm by volume on a dry basis, corrected to 3 percent oxygen. It is anticipated that combustion controls, either a basic tune-up or a more advanced burner replacement or installation of a linkageless boiler management system, can achieve the MACT floor emission limit.

2.0 BEYOND-THE-FLOOR ANALYSIS
      As discussed in the preamble to the June 2010 proposed rule (75 FR 31896) and the preamble to the March 2011 final rule (76 FR 15554), the EPA determined that fuel switching was not an appropriate control technology for purposes of determining either the MACT floor level or beyond-the-floor level of control. As also discussed in the June 2010 and March 2011 preambles, we determined that an energy assessment requirement was an appropriate beyond-the-floor option for existing large boilers. These previous analyses continue to be applicable for mercury as well as the pollutants for which CO is a surrogate.
      In this beyond-the-floor analysis for mercury emissions, new and existing large coal-fired boilers would be required to comply with a mercury emission limit more stringent than the MACT floor-based emission limit of 2.2 X 10[-5] lb of mercury per MMBtu. To comply with a limit more stringent than the fabric filter-based MACT floor limit, it is expected that an affected boiler would need to employ fabric filter control along with activated carbon injection (ACI). Boilers already using a fabric filter would be expected to install an ACI system. Boilers without fabric filters would be expected to install a fabric filter and ACI system.
      The beyond-the-floor analysis for mercury emissions from major source boilers assessed the costs of and emission reductions associated with installation of ACI. The installation of ACI for control of mercury resulted in over $85,000 per additional pound of mercury emission reductions. It was determined that the beyond-the-floor option of installing ACI for mercury control is not economically feasible.[1] Based on the fact that the vast majority of area source boilers are small entities and that beyond-the-floor ACI control was not appropriate for major source boilers with higher levels of mercury and much larger economies of scale, we have also determined that the beyond-the-floor option of installing ACI for mercury control from area source coal-fired boilers is not economically feasible.
      In this beyond-the-floor analysis for CO emissions, new and existing large coal-fired boilers would be required to comply with a CO emission limit more stringent than the MACT floor-based emission limit of 420 ppm by volume on a dry basis, corrected to 3 percent oxygen. To comply with a limit more stringent than the MACT floor based limit, it is expected that an affected boiler may need to install an oxidation catalyst.
      The beyond-the-floor analysis for CO emissions from major source boilers assessed the costs of and emission reductions associated with installation of an oxidation catalyst. For units combusting solid fuel, the cost for reducing an additional ton of CO emissions is only $2,000 in annual costs. However, combustion of solid fuels results in significant amounts of dust and fly ash, which can plug or blind catalyst reactive sites necessary to oxidize CO. This reduces the efficiency of the oxidation catalyst. To maintain the effectiveness of the oxidation catalyst, the unit may require shutting down more frequently for cleaning or replacement of the catalyst, incurring additional costs on the facility. For these reasons, the beyond-the-floor option of installing an oxidation catalyst for CO control was determined to be technically infeasible. Other methods of reducing CO
emissions, such as upgrading new burners and overfire air systems, were also determined to be technically infeasible options available for solid fuel units. These combustion controls are not capable of
constantly achieving lower beyond-the-floor emission levels. Many existing units may have been designed with specific furnace heat release rates in order to be able to fire specific fuel blends, and may not be able to meet lower emission levels without complete overhaul or replacement of major boiler components at an unreasonably high cost.