[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57548-57550]
[DOCID:fr10oc07-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

October 3, 2007.
    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG07-88-000.
    Applicants: Snyder Wind Farm, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status for Snyder Wind Farm, LLC.
    Filed Date: 09/27/2007.
    Accession Number: 20070927-5021.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 18, 2007.

    Docket Numbers: EG07-89-000.
    Applicants: FPL Energy Point Beach, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of FPL Energy Point Beach, LLC.
    Filed Date: 09/28/2007.
    Accession Number: 20070928-5006.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER94-1188-043; ER98-1279-014; ER98-4540-012; ER99-
1623-012.
    Applicants: LG&E Energy Marketing-Hadson Energy; LG&E Energy
Marketing, Inc.; Western Kentucky Energy Corp; Western Kentucky Energy
Corporation; Louisville Gas & Electric Company;
    Description: LG&E Energy Marketing, Inc., et al. submits revised
sheets to Tariff Volume 2 and 3 as Exhibits 1 and 2.
    Filed Date: 09/24/2007.
    Accession Number: 20070928-0028.
    Comment Date: 5 p.m. Eastern Time on Monday, October 15, 2007.

    Docket Numbers: ER05-1089-004; ER06-1027-001; EL05-136-002.
    Applicants: Wisconsin Public Service Corp.
    Description: Wisconsin Public Service Corporation submits two
Stipulations clarifying the settlements of the two agreements differed
item provisions pursuant to the Commission's 8/21/07 order.
    Filed Date: 09/20/2007.
    Accession Number: 20070928-0118.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 11, 2007.

    Docket Numbers: ER06-613-004.
    Applicants: ISO New England, Inc.; New England Power Pool.
    Description: ISO New England Inc submits report on the status of
the implementation of certain reserve market changes that were included
as part of Phase II of the Ancillary Services Market project.
    Filed Date: 10/01/2007.
    Accession Number: 20071002-0090.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER06-615-013.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits
proposed revisions to its MRTU Tariff.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0020.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER06-1131-002.
    Applicants: LSP-Kendall Energy, LLC.
    Description: Electric Refund Compliance report of LSP-Kendall
Energy, LLC.
    Filed Date: 09/27/2007.
    Accession Number: 20070927-5052.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 18, 2007.

    Docket Numbers: ER06-1346-002.
    Applicants: White Creek Wind I, LLC.
    Description: White Creek Wind I, LLC notifies FERC that sales of
test energy from the facility commenced on 8/1/07 & submits First
Revised Sheet 1, et al. to FERC Electric Tariff, Original Volume 1.
    Filed Date: 10/01/2007.
    Accession Number: 20071002-0089.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER07-1247-001.
    Applicants: FC Energy Services Company, LLC.
    Description: FC Energy Services Co., LLC submits an amendment to
its proposed market based rate tariff, FERC Electric Tariff 1.
    Filed Date: 09/27/2007.
    Accession Number: 20071001-0086.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 18, 2007.

    Docket Numbers: ER07-1250-001.
    Applicants: PowerGrid Systems, Inc.
    Description: PowerGrid Systems, Inc. submits a letter of
clarification in response to FERC's request for revisions and original
Sheet 2 to FERC Electric Tariff, Original Volume 1 to reflect the
requirements of Order 697.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0022.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1291-001.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits revisions to its Open Access
Transmission Tariff & requests that the Open Access Transmission Tariff
sheets be accepted for filing, effective 10/2/07.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0028.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER07-1374-001.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Co submits an executed
Industrial Tap Agreement with the City of Orangeburg, South Carolina.
    Filed Date: 09/27/2007.
    Accession Number: 20070928-0081.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 18, 2007.

    Docket Numbers: ER07-1406-000.
    Applicants: Long Beach Peakers, LLC.
    Description: Long Beach Peakers, LLC's petition for acceptance of
their FERC Electric Tariff, Original Volume 1.
    Filed Date: 09/27/2007.
    Accession Number: 20071001-0087.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 18, 2007.

    Docket Numbers: ER07-1407-000.
    Applicants: Avista Corporation.
    Description: Avista Corp submits its Third Revised Sheet 8 and 9 to
their First Revised Rate Schedule 184.
    Filed Date: 09/28/2007.
    Accession Number: 20071001-0089.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1408-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits a Facilities Agreement for RTU
replacement at tanner Substation between PacifiCorp and City of Provo,
Utah.
    Filed Date: 09/28/2007.
    Accession Number: 20071001-0088.

    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1410-000.
    Applicants: PB Financial Services, Inc.
    Description: PB Financial Services, Inc submits a notice of
cancellation of its First Revised Rate Schedule FERC 1.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0019.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.
    Docket Numbers: ER07-1411-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits its proposed revisions to the Midwest ISO's Open Access
Transmission and Energy Markets Tariff.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0140.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1412-000.
    Applicants: ISO New England, Inc.
    Description: ISO New England, Inc. and New England Power Pool
submits Second Revised Sheet 9401, et al. to FERC Electric Tariff 3,
Attachment D, effective 12/1/07.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0143.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1413-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Arkansas Inc, et al. submit a Network
Integration Transmission Service Agreement and Network Operating
Agreement.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0139.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1414-000.
    Applicants: PPM Energy, Inc.
    Description: PPM Energy Inc submits its Rate Schedule FERC 3,
together with supporting testimony and cost-of-service schedules.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0138.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1415-000.
    Applicants: Xcel Energy Services, Inc.
    Description: NSP Companies et al submit their revised tariff sheets
with proposed revisions to the Midwest ISO's Open Access Transmission
and Energy Market Tariff, FERC Electric Tariff, Third Revised Volume 1.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0137.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1416-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits revisions to the PJM
Open Access Transmission Tariff.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0144.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1417-000.
    Applicants: Midwest Independent System Operator, Inc.
    Description: Midwest Independent System Operator, Inc., et al.
submit proposed revisions to the Congestion Management Process of their
Joint Operating Agreement.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0145.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1418-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits a revised Network
Integration Service Agreement with North Carolina Municipal Power
Agency Number 1.
    Filed Date: 09/28/2007.
    Accession Number: 20071003-0141.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1419-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits a Notice of Cancellation of Service
Agreement 67 with Black Hills Corp for Firm Point-to-Point Transmission
Service.
    Filed Date: 09/28/2007.
    Accession Number: 20071001-0159.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1420-000.
    Applicants: York Haven Power Company.
    Description: York Haven Holdings, Inc. submits a notice of
cancellation of FERC Electric Tariff, Original Volume 1.
    Filed Date: 09/28/2007.
    Accession Number: 20071001-0160.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1421-000; ER07-1422-000.
    Applicants: PJM Interconnection, LLC.; Virginia Electric and Power
Company.
    Description: Virginia Electric & Power Co dba Dominion Virginia
Power submits Attachment H-16B to the Open Access Transmission Tariff
administered by PJM Interconnection, LLC.
    Filed Date: 09/28/2007.
    Accession Number: 20071001-0161.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER07-1423-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits an unexecuted Firm Point-to-Point
Transmission Service Agreement with Black Hills Power, Inc.
    Filed Date: 09/28/2007.
    Accession Number: 20071001-0162.
    Comment Date: 5 p.m. Eastern Time on Friday, October 19, 2007.

    Docket Numbers: ER08-1-000.
    Applicants: Yuma Power Limited Liability Company.
    Description: Yuma Power Limited Liability Company submits
application for market-based rate authorization and request for waivers
and blanket authorizations.
    Filed Date: 10/01/2007.
    Accession Number: 20071002-0088.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-2-000.
    Applicants: Avista Corporation.
    Description: Avista Corp and NorthWestern Corp submits a non-
confirming Long-Term Service Agreements, FERC electric Rate Schedule
484 and FERC Electric Rate Schedule 248 under ER08-2.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0033.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-3-000.
    Applicants: Southern Company Services, Inc.
    Description: Alabama Power Co et al. submit information to update
the Annual Charge Component.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0035.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-4-000.
    Applicants: The American Electric Power Service Corp.
    Description: American Electric Power Service Corp submits a
revision to the Repair and Maintenance Agreement with Indiana Michigan
Power Co.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0034.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-5-000.
    Applicants: Ohio Valley Electric Corporation.
    Description: Ohio Valley Electric Corporation et al submits an
unexecuted Interconnection Agreement with the U.S. Department of
Energy.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0031.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-6-000.
    Applicants: Westar Energy, Inc.
    Description: Kansas Gas and Electric Co. and Westar Energy, Inc.
submit a Notice of Cancellation of an Electric Power Supply Agreement
with City of Moran, Kansas.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0032.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-7-000.
    Applicants: Westar Energy, Inc.
    Description: Kansas Gas and Electric Co. and Westar Energy, Inc,
submit a Notice of Cancellation of an Electric Power Supply Agreement
with City of Arma, Kansas.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0030.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-8-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool Participants Committee submits
signature pages of the New England Power Pool Agreement, dated as of 9/
1/71.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0026.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-9-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
an Amendment 2 to the amended and restated Metered Subsystem Aggregator
Agreement with Northern California Power Agency.
    Filed Date: 10/01/2007.
    Accession Number: 20071002-0217.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-10-000.
    Applicants: Pepco Holdings, Inc.
    Description: Potomac Electric Power Co., et al. submit their
request for authorization to implement a 50 basis point return on
equity adder in recognition of the PI Companies' participation in PJM
Interconnection, LLC.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0027.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ER08-11-000.
    Applicants: The Connecticut Light and Power Company; The United
Illuminating Company.
    Description: The United Illuminating Co. and the Connecticut Light
and Power Co. submit the Trumbull Engineering Design, Construction and
Transmission Interconnection Agreement.
    Filed Date: 10/02/2007.
    Accession Number: 20071003-0036.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 23, 2007.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES07-67-000.
    Applicants: National Grid USA.
    Description: Form 523--Request for Permission to Issue Securities
of National Grid USA.
    Filed Date: 10/01/2007.
    Accession Number: 20070928-5082.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Docket Numbers: ES08-1-000.
    Applicants: PPL Electric Utilities Corporation.
    Description: PPL Electric Utilities Corp. submits an application
for approval to issue promissory notes etc. through 12/31/09 as to not
exceed $750 million.
    Filed Date: 10/01/2007.
    Accession Number: 20071003-0016.
    Comment Date: 5 p.m. Eastern Time on Monday, October 22, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern Time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets. For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
[FR Doc. E7-19891 Filed 10-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69433-69434]
[FR Doc No: 2010-28472]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2157-188]

Public Utility District No. 1 of Snohomish County, WA; Notice of
Availability of Final Environmental Assessment

November 4, 2010.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC's)
regulations, 18 Code of Federal Regulations (CFR) part 380 (Order No.
486, 52 Federal Register [FR] 47897), the Office of Energy Projects has
reviewed Public Utility District No. 1 of Snohomish County's
application for license for the Henry M. Jackson Hydroelectric Project
(FERC Project No. 2157-188), located on the Sultan River 20 miles east
of the city of Everett, Snohomish County. The project currently
underlies a total of 10.9 acres of federal lands in the Mount Baker-
Snoqualmie National Forest administered by the U.S. Department of
Agriculture, Forest Service.
    Staff prepared a final environmental assessment (EA), which
analyzes the potential environmental effects of relicensing the
project, and concludes that licensing the project, with appropriate
environmental protective measures, would not constitute a major federal
action that would significantly affect the quality of the human
environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-

free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    For further information, contact David Turner by telephone at 202-
502-6091 or by e-mail at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28472 Filed 11-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67889-67890]
[FR Doc No: 2022-24529]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-26-000]

Northern Natural Gas Company; Notice of Availability of the
Environmental Assessment for the Proposed Des Moines A-Line Capacity
Replacement Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Des
Moines A-Line Capacity Replacement Project (Project), in Boone, Dallas
and Polk Counties, Iowa, proposed by Northern Natural Gas Company
(Northern) in the above-referenced docket. Northern requests
authorization from the Commission to abandon about 29.6 miles of its
existing 16-inch-diameter Des Moines A-line. This old pipeline, which
was originally built in the 1940s, includes mechanical joints and
acetylene welds, so that it cannot be inspected with in-line tools.
Northern would install a total of about 9.07 miles of new 20-inch-
diameter pipeline, in two separate segments, as an extension of its
existing C-line. The C-line extension would allow replacement of a
total of about 340 million cubic feet per day of natural gas that would
have flowed through the A-line to be abandoned.
    The EA assesses the potential environmental effects of the
construction and operation of the 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 Commission mailed a copy of the Notice of Availability of the
EA to federal, state, and local government representatives and
agencies; elected

officials; non-governmental organizations, environmental, and public
interest groups; potentially interested Indian tribes; affected
landowners; and newspapers and libraries in the project area. The EA is
only available in electronic format. It may be viewed and downloaded
from the FERC's website (www.ferc.gov), on the natural gas
environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA
may be accessed by using the eLibrary link on the FERC's website. Click
on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search),
select ``General Search'' and enter the docket number in the ``Docket
Number'' field, (i.e. CP22-26). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of 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 consideration of your comments on the proposal,
it is important that the Commission receive your comments on or before
5:00 p.m. Eastern Time on December 5, 2022.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. 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 website (www.ferc.gov) under the
link to FERC Online. 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 Commission. Be sure to reference the project docket number (CP22-
26) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/how-intervene.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all 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 https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: November 4, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-24529 Filed 11-9-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59568-59570]
[FR Doc No: 2015-24839]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0493; Directorate Identifier 2014-NM-184-AD;
Amendment 39-18283; AD 2015-20-05]
RIN 2120-AA64

Airworthiness Directives; Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model
188 series airplanes. This AD was prompted by an evaluation by the
design approval holder (DAH) indicating that the upper and lower wing
skin planks at the attachment of the main landing gear (MLG) ribs at
certain wing-stations are subject to widespread fatigue damage (WFD).
This AD requires an inspection (for cracking) and modification of the
chordwise fastener rows of the upper and lower wing planks at the
attachments to the MLG ribs at certain wing-stations. We are issuing
this AD to prevent fatigue cracking of the upper and lower wing skin
planks at the attachment of the MLG ribs, which could result in failure
of the wing.

DATES: This AD is effective November 6, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 6,
2015.

ADDRESSES: For service information identified in this AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, GA 30063; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0493.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0493; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office
(ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-
5554; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Lockheed Martin
Corporation/Lockheed Martin Aeronautics Company Model 188 series
airplanes. The NPRM published in the Federal Register on March 24, 2015
(80 FR 15525). The NPRM was prompted by an evaluation by the DAH
indicating that the upper and lower wing skin planks at the attachment
of the MLG ribs at certain wing-stations are subject to WFD. The NPRM
proposed to require an inspection (for cracking) and modification of
the chordwise fastener rows of the upper and lower wing planks at the
attachments to the MLG ribs at certain wing-stations. We are issuing
this AD to prevent fatigue cracking of the upper and lower wing skin
planks at the attachment of the MLG ribs, which could result in failure
of the wing.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (80 FR 15525, March 24,
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 15525, March 24, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 15525, March 24, 2015).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Lockheed Martin Electra Service Bulletin 88/SB-721,
dated April 30, 2014. This service information describes procedures for
doing a bolt-hole eddy current (BHEC) inspection for cracking and
repair of cracking. This service information also describes procedures
for modification of the chordwise fastener rows of the upper and lower
wing planks at the attachments to the MLG ribs at wing-station (WS) 167
and WS 209 by removing the original fasteners and replacing them with
new first oversize fasteners of the same type or approved substitute
type for original fasteners. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and Modification.........  560 work-hours x $85             $5,000          $52,600         $210,400
                                       per hour = $47,600.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide
cost estimates for the on-condition actions specified in 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

    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 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 airworthiness
directive (AD):

2015-20-05 Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company: Amendment 39-18283; Docket No. FAA-2015-0493; Directorate
Identifier 2014-NM-184-AD.

(a) Effective Date

    This AD is effective November 6, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Lockheed Martin Corporation/Lockheed Martin
Aeronautics Company Model 188A and 188C airplanes, certificated in
any category, serial numbers 1001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the upper and lower wing skin planks at the
attachment of the main landing gear (MLG) ribs at certain wing-
stations are subject to widespread fatigue damage. We are issuing
this AD to prevent fatigue cracking of the upper and lower wing skin
planks at the attachment of the MLG ribs, which could result in
failure of the wing.

(f) Compliance

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

(g) Inspection, Modification, and Corrective Action

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Remove the chordwise fastener rows of the upper
and lower wing planks at the attachments to the MLG ribs at wing-
station (WS) 167 and WS 209; do a bolt-hole eddy current (BHEC)
inspection to detect cracking of the fastener rows; and replace the
original fasteners with new, first oversize fasteners; in accordance
with the Accomplishment Instructions of Lockheed Martin Electra
Service Bulletin 88/SB-721, dated April 30, 2014. If any cracking is
found during any inspection required by this paragraph: Before
further flight, repair the cracking, in accordance with the
Accomplishment Instructions of Lockheed Martin Electra Service
Bulletin 88/SB-721, dated April 30, 2014.
    (1) At the applicable time specified table 1 of paragraph 1.E.,
``Compliance,'' of Lockheed Martin Electra Service Bulletin 88/SB-
721, dated April 30, 2014. Where table 1 of paragraph 1.E.,
``Compliance,'' of Lockheed Martin Electra Service Bulletin 88/SB-
721, dated April 30, 2014, specifies ``Flt. Hrs,'' this AD specifies
``total flight hours.''
    (2) Within 365 days or 600 flight hours after the effective date
of this AD, whichever occurs first.

(h) No Reporting

    Although Lockheed Martin Electra Service Bulletin 88/SB-721,
dated April 30, 2014, specifies to submit certain information to the
manufacturer, this AD does not include that requirement.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(j) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Carl Gray, Aerospace
Engineer, Airframe Branch, ACE-117A, FAA, Atlanta ACO, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; fax: 404-474-
5605; email<EMAIL_ADDRESS>
(k) 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) Lockheed Martin Electra Service Bulletin 88/SB-721, dated
April 30, 2014.

    (ii) Reserved.
    (3) For Lockheed service information identified in this AD,
contact Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company, Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58,
86 S. Cobb Drive, Marietta, GA 30063; telephone<PHONE_NUMBER>; fax
770-494-5445; email<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (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 Renton, Washington, on September 18, 2015.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-24839 Filed 10-1-15; 8:45 am]
 BILLING CODE 4910-13-P


                                                      OMB Control No. 2060-0586

 ENERGY STAR(R) Partnership Agreement

 For  Lenders

 Information For Display on the ENERGY STAR Web Site

 See General Commitments for ENERGY STAR Partners for requirements that must be met before getting displayed on the Web.

 Organization Name:  		 Telephone:  	States served:
 Web site address:

                              Lender Requirements

 Type of Energy Efficient Mortgage (EEM) and/or Energy Improvement Mortgage (EIM) Offered (check all that apply):
     	FHA
     	Fannie Mae
     	Freddie Mac
     	VA
     	Other (please describe)
                       (Write "ENERGY STAR Mortgage" if participating in the ENERGY STAR Mortgage Pilot Program)

 Method of Promoting EEMs and/or EIMs and ENERGY STAR (check all that apply):
     	On company Web site;
     	Distributing promotional materials at local branches
    	Other

 Other Requirements (check to acknowledge):
     	Each business office has a staff person who can process EEM or EIM applications and can ably answer consumer questions about
       EEMs or EIMs, ENERGY STAR and ENERGY STAR qualified homes.
     	Lender must submit proof of having written one EEM or EIM to gain access to resources reserved for active partners, and at least
       three EEMs or EIMs every 12 months to maintain active partner status (Pilot program participants do not need to submit proof of having written one ENERGY STAR Mortgage but do need to write at least three ENERGY STAR Mortgages every 12 months)
     	Lender must report to EPA the number of EEMs and/or EIMs written each year
     	Lender must adhere to the ENERGY STAR Identity Guidelines and the ENERGY STAR Web Linking Guidelines (available at
       www.energystar.gov/marks and  www.energystar.gov/partners, respectively)
     	Lenders participating in the ENERGY STAR Mortgage Pilot Program must  adhere to all current Program rules and requirements
       (www.energystar.gov/homes Click on link for Lenders)

 Contact Information
 Authorized Company Representative (printed name):   		 Title:  	E-mail1:
                                                1 A valid e-mail address is required for online access to the ENERGY STAR marks

 Address:   	City/State/Zip:

 Telephone:
Fax:

 Signature:   	Date:

 To be completed by US EPA:

 Kathleen Hogan; Director, Climate Protection Partnerships Division, U.S. Environmental Protection Agency

 Signature:
Date:

 EPA Form 5900-08

 ENERGY STAR(R) Partnership Agreement

 For  Lenders

                                                  Fax this form to:

                                 ENERGY STAR for Homes-Finance Partnership
<PHONE_NUMBER>

     For more information please call the ENERGY STAR Hotline at 1-888-STAR - YES or visit: www.energystar.gov/homes

 ENERGY STAR Background Information
 EPA's ENERGY STAR helps consumers, businesses, and public organizations protect the environment through superior energy efficiency. ENERGY STAR for Homes promotes energy-efficient homes that can improve builder profitability, improve home quality and homeowner comfort, lower energy demand, and reduce air pollution. The goal of the ENERGY STAR lender partnership is to provide lenders with a marketing platform they can use to promote financing products that can help prospective homebuyers purchase an ENERGY STAR qualified home, and help educate prospective homebuyers on the benefits of owning an energy-efficient, ENERGY STAR qualified home.

 ENERGY STAR's Commitments to Partners
    1.     Increase awareness of the ENERGY STAR label by distributing key messages on the benefits of ENERGY STAR qualified homes and homes- related products.
 2.     Provide (via the ENERGY STAR Web site, Hotline, e-mail or other means) current ENERGY STAR news, information, and reference
    documents.
 3.     Provide ENERGY STAR Lender Partners with public recognition through the online ENERGY STAR partner locator tool.
 4.     Respond expediently to any Partner requests for information or clarification on ENERGY STAR policies.

 General Commitments for ENERGY STAR Lender Partners

    1.     Use the Partnership and the ENERGY STAR label to promote energy efficiency as an easy and desirable option for new homebuyers to prevent pollution, protect the environment, and save money on energy bills. No lending organization is permitted to use ENERGY STAR's Certification Mark to promote itself or its loan programs or products.
    2.     Adhere to the ENERGY STAR Identity Guidelines (available at www.energystar.gov/marks) and ensure that authorized representatives, such as advertising agencies, also comply.
    3.     Adhere to the ENERGY STAR Web Linking Guidelines (available at www.energystar.gov/partners). Failure to do so can result in the loss of linking privileges from the ENERGY STAR Web site.
 4.     If participating in the ENERGY STAR Mortgage Pilot Program, adhere to the current Program's rules and requirements
    (www.energystar.gov/homes).
    5.     Submit to ENERGY STAR a copy of a home energy rating report used by the lender to write an EEM or EIM. This is required before the lender can access partners-only resources such as the ENERGY STAR partners-only marks and listing on the ENERGY STAR Web site. This commitment does not apply for lenders partnering under the ENERGY STAR Mortgage Pilot Program.
    6.     Every 12 month period starting from the time the lender's initial access to the ENERGY STAR marks is activated, submit to ENERGY STAR copies of three home energy rating reports or other documents showing energy savings used by the lender partner to write three EEMs or EIMs (or approved ENERGY STAR Mortgages) during the past consecutive 12 months. This is required for the lender to maintain active partner status, or to reactivate its partnership. Only active partners can use ENERGY STAR partners-only marks and be listed on ENERGY STAR's
    Web site.
    7.     Promote EEMs and/or EIMs (or approved ENERGY STAR Mortgages) and ENERGY STAR on their Web sites or by distributing brochures or other promotional material at local branches.
    8.     Have a staff person at each business office who can process EEM and/or EIM applications (or ENERGY STAR Mortgage applications) and who can ably answer consumer questions about EEMs and/or EIMs (or approved ENERGY STAR Mortgages).
 9.     Report to EPA the number of EEMs and/or EIMs (or approved ENERGY STAR Mortgages) written each year.
    10.  Do not imply, directly or indirectly, that any loan product or service has been approved, accepted, or endorsed by the federal government. For example, do not use the terms "ENERGY STAR EEM" or "ENERGY STAR Mortgage" or "ENERGY STAR Loan". Only lenders participating in
    the ENERGY STAR Mortgage Pilot Program may use the term "ENERGY STAR Mortgage" and only in reference to mortgages approved as
    ENERGY STAR Mortgages.

 General Terms and Disclaimers

    1.     Partner will not construe, claim, or imply that its participation in ENERGY STAR constitutes federal government approval, acceptance, or endorsement of anything other than the Partner's commitment to ENERGY STAR. Partnership does not constitute federal government endorsement of the Partner or its homes or services.
    2.     Partner understands that the activities it undertakes in connection with ENERGY STAR are voluntary and not intended to provide services to the federal government. As such, the Partner will not submit a claim for compensation to any federal agency.
    3.     Partner and ENERGY STAR will assume good faith as a general principle for resolving conflict and will seek to resolve all matters informally, so as to preserve maximum public confidence in ENERGY STAR.
 4.     This agreement is voluntary and can be terminated by either party at any time for any reason, with no penalty.
 5.     Failure to comply with any of the terms of this Partnership Agreement can result in its termination and cessation of access to the benefits of
    ENERGY STAR, including use of the marks.
 6.     ENERGY STAR will actively pursue resolution of noncompliance related to the use of the ENERGY STAR marks.

 The government estimates the average time needed to fill out this form is 0.16 hours and welcomes suggestions for reducing this effort. Send comments
 (referencing OMB Control Number) to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C.
 20460.


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20779-20783]
[FR Doc No: 2014-08257]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 890

[Docket No. FDA-2013-N-0568]

Physical Medicine Devices; Reclassification of Stair-Climbing
Wheelchairs

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing a final
order to reclassify stair-climbing wheelchairs, a class III device,
into class II (special controls) based on new information and subject
to premarket notification, and further clarify the identification.

DATES: This order is effective April 14, 2014.

FOR FURTHER INFORMATION CONTACT: Mike Ryan, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1615, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background--Regulatory Authorities

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended
by the Medical Device Amendments of 1976 (the 1976 amendments) (Pub. L.
94-295), the Safe Medical Devices Act of 1990 (Pub. L. 101-629), the
Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L.
105-115), the Medical Device User Fee and Modernization Act of 2002
(Pub. L. 107-250), the Medical Devices Technical Corrections Act (Pub.
L. 108-214), the Food and Drug Administration Amendments Act of 2007
(Pub. L. 110-85), and the Food and Drug Administration Safety and
Innovation Act (FDASIA) (Pub. L. 112-144), among other amendments,
established a comprehensive system for the regulation of medical
devices intended for human use. Section 513 of the FD&C Act (21 U.S.C.
360c) established three categories (classes) of devices, reflecting the
regulatory controls needed to provide reasonable assurance of their
safety and effectiveness. The three categories of devices are class I
(general controls), class II (special controls), and class III
(premarket approval).
    Under section 513(d) of the FD&C Act, devices that were in
commercial distribution before the enactment of the 1976 amendments,
May 28, 1976 (generally referred to as preamendments devices), are
classified after FDA has: (1) Received a recommendation from a device
classification panel (an FDA advisory committee); (2) published the
panel's recommendation for comment, along with a proposed regulation
classifying the device; and (3) published a final regulation
classifying the device. FDA has classified most preamendments devices
under these procedures.
    Devices that were not in commercial distribution prior to May 28,
1976 (generally referred to as postamendments devices), are
automatically classified by section 513(f) of the FD&C Act into class
III without any FDA rulemaking process. Those devices remain in class
III and require premarket approval unless, and until, the device is
reclassified into class I or II or FDA issues an order finding the
device to be substantially equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate device that does not require
premarket approval. The Agency determines whether new devices are
substantially equivalent to predicate devices by means of premarket
notification procedures in section 510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807).
    On July 9, 2012, FDASIA was enacted. Section 608(a) of FDASIA
amended section 513(e) of the FD&C Act, changing the mechanism for
reclassifying a device from rulemaking to an administrative order.
    Section 513(e) of the FD&C Act governs reclassification of
classified preamendments devices. This section provides that FDA may,
by administrative order, reclassify a device based upon ``new
information.'' FDA can initiate a reclassification under section 513(e)
of the FD&C Act or an interested person may petition FDA to reclassify
a preamendments device. The term ``new information,'' as used in
section 513(e) of the FD&C Act, includes information developed as a
result of a reevaluation of the data before the Agency when the device
was originally classified, as well as information not presented, not
available, or not developed at that time. (See, e.g., Holland-Rantos
Co. v. United States Department of Health, Education, and Welfare, 587
F.2d 1173, 1174 n.1 (D.C. Cir. 1978); Upjohn v. Finch, 422 F.2d 944
(6th Cir. 1970); Bell v. Goddard, 366 F.2d 177 (7th Cir. 1966).)
    Reevaluation of the data previously before the Agency is an
appropriate basis for subsequent action where the reevaluation is made
in light of newly available authority (see Bell, 366 F.2d at

181; Ethicon, Inc. v. FDA, 762 F.Supp. 382, 388-391 (D.D.C. 1991)), or
in light of changes in ``medical science'' (Upjohn, 422 F.2d at 951).
Whether data before the Agency are old or new data, the ``new
information'' to support reclassification under section 513(e) must be
``valid scientific evidence,'' as defined in section 513(a)(3) of the
FD&C Act and 21 CFR 860.7(c)(2). (See, e.g., General Medical Co. v.
FDA, 770 F.2d 214 (D.C. Cir. 1985); Contact Lens Mfrs. Assoc. v. FDA,
766 F.2d 592 (D.C. Cir. 1985), cert. denied, 474 U.S. 1062 (1986).)
    FDA relies upon ``valid scientific evidence'' in the classification
process to determine the level of regulation for devices. To be
considered in the reclassification process, the ``valid scientific
evidence'' upon which the Agency relies must be publicly available.
Publicly available information excludes trade secret and/or
confidential commercial information, e.g., the contents of a pending
premarket approval application (PMA). (See section 520(c) of the FD&C
Act (21 U.S.C. 360j(c)).) Section 520(h)(4) of the FD&C Act, added by
FDAMA, provides that FDA may use, for reclassification of a device,
certain information in a PMA 6 years after the application has been
approved. This includes information from clinical and preclinical tests
or studies that demonstrate the safety or effectiveness of the device
but does not include descriptions of methods of manufacture or product
composition and other trade secrets.
    Section 513(e)(1) of the FD&C Act sets forth the process for
issuing a final order. Specifically, prior to the issuance of a final
order reclassifying a device, the following must occur: (1) Publication
of a proposed order in the Federal Register; (2) a meeting of a device
classification panel described in section 513(b) of the FD&C Act; and
(3) consideration of comments to a public docket. FDA published a
proposed order to reclassify this device in the Federal Register of
June 12, 2013 (78 FR 35173). FDA received and has considered 285
comments on this proposed order, as discussed in section II. FDA has
held a meeting of a device classification panel described in section
513(b) of the FD&C Act with respect to stair-climbing wheelchairs and,
therefore, has met this requirement under section 513(e)(1) of the FD&C
Act. As further described in section III, a meeting of a device
classification panel described in section 513(b) of the FD&C Act took
place on December 12, 2013 (78 FR 66942, November 7, 2013), to discuss
whether stair-climbing wheelchairs should be reclassified or remain in
class III, and the panel recommended that the device be reclassified
into class II because there was sufficient information to establish
special controls. FDA is not aware of new information since the panel
that would provide a basis for a different recommendation or findings.

II. Public Comments in Response to the Proposed Order

    In response to the June 12, 2013 (78 FR 35173), proposed order to
reclassify stair-climbing wheelchairs, FDA received 285 comments.
Comments were received from consumers and other stakeholders who are
personally or professionally associated with a stair-climbing
wheelchair user. These individuals included users, family members,
friends, and professionals such as occupational and physical
therapists. Several veterans and patient advocacy groups also
responded. The majority of the comments received advocated that this
device be classified into class II, but the comments did not include
information relevant to the safety, effectiveness, or risks of these
devices, aside from personal experience, which focused on payment and
availability issues and are not directly relevant to the types of
information necessary for a classification decision. One comment from a
representative of a patient advocacy coalition opposed the
reclassification to class II, stating that, ``This change in
classification would result in greater risk for some of our nation's
most vulnerable consumers,'' and citing safety data published on FDA's
Web site and described in section 5 of the FDA's Executive Panel
Summary (Ref. 1), as well as the risks of the device as outlined in
section V of the proposed order.
    The Agency disagrees with this comment regarding risks and believes
it has identified the relevant risks to health (see section V of the
proposed order and sections III and IV of this document) and special
controls that will be effective in mitigating these risks (see section
VIII of the proposed order and the codified language of this document).
These risks and mitigations were based on the input of the original
classification panel in 1976; data in PMAs available to FDA under
section 520(h)(4) of the FD&C Act, added by FDAMA; the information in
the 2012 reclassification petition (Ref. 2); the information gathered
from FDA's Manufacturer and User Facility Device Experience (MAUDE)
database and FDA's literature review (see FDA's Executive Panel
Summary, Ref. 1); and the recommendations of the December 12, 2013,
Orthopedic and Rehabilitation Devices Panel of the Medical Devices
Advisory Committee (Ref. 3), as further described in section III of
this document. Further, FDA believes that the identified special
controls mitigate these risks and provide a reasonable assurance of
safety and effectiveness in this patient population.

III. Deliberations of the Panel

    On December 12, 2013, the Orthopedic and Rehabilitation Devices
Panel of the Medical Devices Advisory Committee (the Panel) considered
the reclassification of stair-climbing wheelchair devices from class
III to class II (special controls) (Ref. 3). The Panel was asked to
provide input on the risks to health, safety, and effectiveness of
these devices.
    The reclassification of stair-climbing wheelchair devices was
supported by the Panel. At the Panel, FDA proposed a new identification
for stair-climbing wheelchairs that differed from the identification
given in the proposed order. This change was proposed to remove the
language for endless belt tracks, and the Panel supported this
revision. The new identification is to encompass the other modes of
propulsion that may be used and have been approved for other stair-
climbing wheelchairs. The new proposed device identification supported
by the Panel is, ``A stair-climbing wheelchair is a device with wheels
that is intended for medical purposes to provide mobility to persons
restricted to a sitting position. The device is intended to climb
stairs.''
    The panelists agreed with the FDA's list of risks to health from
the June 2013 proposed order related to stair-climbing wheelchairs and
added suggestions related to pressure sores, bruising, use error, and
falls and associated injuries. The Panel expressed concern that the
method of sustaining injury for pressure sores and bruising is
dramatically different as discussed in this document and recommended
that bruising and pressure sores be presented as two separate risks.
The Panel also requested an expansion to the description of the use
error risk to include users injuring themselves by shifting their
position or posture while in the device. Additionally, the Panel asked
that subdural hematoma be specifically identified as a clinical risk to
health, as a result of the fall. After the Panel, FDA further reviewed
the available evidence and noted that skin rash had been identified in
the reported adverse events and presented to the Panel. Therefore, FDA
has amended the list of risks to include adverse tissue reactions
(e.g., rash, irritation). FDA believes this will

be addressed by the existing special control (biocompatibility).
    Based upon the Panel's input and FDA's review, FDA has updated the
risks to the following:
     Instability: Instability of the device could result in the
device tipping over, slipping off an edge (e.g., curb or stair), or
sliding down stairs, or use in certain environmental conditions that
minimizes frictional coefficient, may result in injury to the user.
     Entrapment: The device may entrap a user or a body part if
it moves unintentionally, shifts the user into a position from which
they are unable to extricate themselves, or pinches a body part against
a solid object.
     Use error: A stair-climbing wheelchair may be misused if
the user is not properly secured within the seat or if the device is
used outside of certain environmental conditions or prescribed step
dimensions, structural characteristics. The user could also be
positioned in the seat in such a way as to cause injury.
     Falls and associated injuries: If the user falls out of
the chair or the device falls or rolls over a body part of the user or
another individual (e.g., caregiver), it can result in serious injury,
including fracture, subdural hematoma, or other injuries.
     Battery/electrical/mechanical failure: The device may fail
and place the user in an unsafe position (e.g., middle of a street
intersection, on stairs). This may result from failure of device
critical device components (electronics, battery, brakes) or the device
changing operational modes unexpectedly.
     Pressure sores: Individuals restricted to a wheelchair are
at increased risk of pressure sores. Pressure sores develop due to
pressure, shear force, friction and a combination of all these factors.
Pressure sores may develop due to poor wheelchair position or
inadequate pressure relief regimen. Pressure points can cause cell
death and a resulting pressure sore. Pressure points are typically
found at bony prominences, areas that are squeezed due to a poor
fitting wheelchair, or areas with increased pressure such as the sacrum
when a person has poor position in the wheelchair.
     Bruising: Bruising may result from the user experiencing
jarring forces when transitioning over different surfaces or from
colliding with solid objects.
     Burns: As a result of battery overheating, electrical
failure, or ignition of flammable materials, the user may sustain
burns.
     Electric shock: The user may experience electric shock as
a result of battery or electrical failure.
     Electromagnetic interference: The device may interfere
with the operation of other electrical devices or be susceptible to
interference from other electrical devices.
     Adverse tissue reaction: The patient-contacting materials
of the device may produce local adverse effects, such as skin rash or
irritation.
    The Panel found that stair-climbing wheelchairs are not life
supporting or life sustaining. The Panel also agreed that FDA's list of
special controls from the June 2013 proposed order would mitigate the
risks and provide reasonable assurance of safety and effectiveness for
stair-climbing wheelchair devices. Panelists expressed concerns
regarding the specificity of the proposed special controls given the
potential variations in device designs, environmental conditions, and
user abilities. The Panel commented that the special controls for
endurance testing are duplicative of the tests outlined in fatigue
testing. Panelists agreed that general controls, required for all
medical devices, are insufficient to provide a reasonable assurance of
safety and effectiveness for stair-climbing wheelchair devices.
    FDA agrees with the special control recommendations and has revised
the special controls accordingly (see section IV., The Final Order).
Table 1 shows how FDA believes that the risks to health identified and
listed in this document can be mitigated by the special controls.

                   Table 1--Health Risks and Mitigation Measures for Stair-Climbing Wheelchair
----------------------------------------------------------------------------------------------------------------
               Identified risk                                        Mitigation measures
----------------------------------------------------------------------------------------------------------------
Instability.................................  Performance Testing.
                                              Usability Testing.
                                              Software Verification and Validation.
                                              Design Characteristics.
                                              Labeling.
Entrapment..................................  Performance Testing.
                                              Usability Testing.
                                              Software Verification and Validation.
                                              Labeling.
Use Error...................................  Usability Testing.
                                              Labeling.
Falls and Associated Injuries...............  Performance Testing.
                                              Usability Testing.
                                              Labeling.
Battery/Electrical/Mechanical Failure.......  Performance Testing.
                                              Electrical Safety Testing.
                                              Software Verification and Validation.
                                              Battery Testing.
                                              Labeling.
Pressure Sores..............................  Design Characteristics.
                                              Usability Testing.
                                              Labeling.
Bruising....................................  Design Characteristics.
                                              Usability Testing.
                                              Labeling.
Burns.......................................  Battery Testing.
                                              Flammability Testing.
                                              Electrical Safety Testing.
                                              Labeling.
Electrical shock............................  Battery Testing.

                                              Electrical Safety Testing.
                                              Labeling.
Electromagnetic Interference................  Electromagnetic Compatibility Testing.
                                              Labeling.
Adverse Tissue Reaction.....................  Biocompatibility Testing.
----------------------------------------------------------------------------------------------------------------

IV. The Final Order

    Under section 513(e) of the FD&C Act, FDA is adopting its findings,
in part, as published in the preamble to the proposed order. FDA has
made revisions in this final order in response to the comments received
(see section II) and the deliberations of the Panel (see section III).
As published in the proposed order, FDA is issuing this final order to
reclassify stair-climbing wheelchairs from class III to class II and
establish special controls by revising Sec.  890.3890 (21 CFR
890.3890). The identification for Sec.  890.3890(a) has been revised to
provide a more accurate description of devices in this classification.
    In response to the input of the Panel, FDA also made refinements to
the proposed special controls. FDA modified the special controls
requirements for stair-climbing wheelchair devices including: Endurance
testing was removed since it is duplicative of fatigue testing.
    Section 510(m) of the FD&C Act provides that FDA may exempt a class
II device from the premarket notification requirements under section
510(k) of the FD&C Act if FDA determines that premarket notification is
not necessary to provide reasonable assurance of the safety and
effectiveness of the devices. FDA has determined that premarket
notification is necessary to provide reasonable assurance of safety and
effectiveness of stair-climbing wheelchair devices, and therefore, this
device type is not exempt from premarket notification requirements.

V. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) 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.

VI. Paperwork Reduction Act of 1995

    This final order refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 812 have been approved under
OMB control number 0910-0078; the collections of information in part
807, subpart E, have been approved under OMB control number 0910-0120;
and the collections of information under 21 CFR part 801 have been
approved under OMB control number 0910-0485.

VII. Codification of Orders

    Prior to the amendments by FDASIA, section 513(e) of the FD&C Act
provided for FDA to issue regulations to reclassify devices. Although
section 513(e) as amended requires FDA to issue final orders rather
than regulations, FDASIA also provides for FDA to revoke previously
issued regulations by order. FDA will continue to codify
classifications and reclassifications in the Code of Federal
Regulations (CFR). Changes resulting from final orders will appear in
the CFR as changes to codified classification determinations or as
newly codified orders. Therefore, under section 513(e)(1)(A)(i) of the
FD&C Act, as amended by FDASIA, in this final order, FDA is revoking
the requirements in Sec.  890.3890 related to the classification of
stair-climbing wheelchairs as class III devices and codifying the
reclassification of stair-climbing wheelchairs into class II.

VIII. References

    The following references have been placed on display in the
Division of Dockets Management (see ADDRESSES) and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and are available electronically at http://www.regulations.gov. (FDA
has verified all the Web site addresses in this reference section, but
we are not responsible for any subsequent changes to the Web sites
after this document publishes in the Federal Register.)

1. FDA Executive Summary prepared for the December 12, 2013, meeting
of the Orthopedic and Rehabilitation Panel (available at: http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/OrthopaedicandRehabilitationDevicesPanel/UCM378085.pdf).
2. Petition from Deka Research & Development Corp., October 22, 2012
(Docket No. FDA-2012-P-1155) (available at: http://www.regulations.gov/#!documentDetail;D=FDA-2012-P-1155-0001).
3. Transcript of the December 12, 2013, meeting of the Orthopedic
and Rehabilitation Panel (available at: http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/OrthopaedicandRehabilitationDevicesPanel/UCM381590.pdf).

List of Subjects in 21 CFR Part 890

    Medical devices, Physical medicine devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
890 is amended as follows:

PART 890--PHYSICAL MEDICINE DEVICES

0
1. The authority citation for 21 CFR part 890 continues to read as
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

0
2. Section 890.3890 is revised to read as follows:

Sec.  890.3890  Stair-climbing wheelchair.

    (a) Identification. A stair-climbing wheelchair is a device with
wheels that is intended for medical purposes to provide mobility to
persons restricted to a sitting position. The device is intended to
climb stairs.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) The design characteristics of the device must ensure that the
geometry and material composition are consistent with the intended use.
    (2) Performance testing must demonstrate adequate mechanical
performance under simulated use conditions and environments.
Performance testing must include the following:
    (i) Fatigue testing;

    (ii) Resistance to dynamic loads (impact testing);
    (iii) Effective use of the braking mechanism and how the device
stops in case of an electrical brake failure;
    (iv) Demonstration of adequate stability of the device on inclined
planes (forward, backward, and lateral);
    (v) Demonstration of the ability of the device to safely ascend and
descend obstacles (i.e., stairs, curb); and
    (vi) Demonstration of ability to effectively use the device during
adverse temperatures and following storage in adverse temperatures and
humidity conditions.
    (3) The skin-contacting components of the device must be
demonstrated to be biocompatible.
    (4) Software design, verification, and validation must demonstrate
that the device controls, alarms, and user interfaces function as
intended.
    (5) Appropriate analysis and performance testing must be conducted
to verify electrical safety and electromagnetic compatibility of the
device.
    (6) Performance testing must demonstrate battery safety and
evaluate longevity.
    (7) Performance testing must evaluate the flammability of device
components.
    (8) Patient labeling must bear all information required for the
safe and effective use of the device, specifically including the
following:
    (i) A clear description of the technological features of the device
and the principles of how the device works;
    (ii) A clear description of the appropriate use environments/
conditions, including prohibited environments;
    (iii) Preventive maintenance recommendations;
    (iv) Operating specifications for proper use of the device such as
patient weight limitations, device width, and clearance for
maneuverability; and
    (v) A detailed summary of the device-related adverse events and how
to report any complications.
    (9) Clinician labeling must include all the information in the
Patient labeling noted in paragraph (b)(8) of this section but must
also include the following:
    (i) Identification of patients who can effectively operate the
device; and
    (ii) Instructions on how to fit, modify, or calibrate the device.
    (10) Usability studies of the device must demonstrate that the
device can be used by the patient in the intended use environment with
the instructions for use and user training.

    Dated: April 8, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-08257 Filed 4-11-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Proposed Rules]
[Pages 19546-19548]
[FR Doc No: 2014-07934]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0191; Directorate Identifier 2013-NM-256-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC-8-400 series airplanes. This
proposed AD was prompted by reports of swing arm assemblies of engine
fuel feed ejector pumps detaching from the outlet port of

the engine fuel feed ejector pump and partially blocking the engine
fuel feed line. This proposed AD would require installing a restrictor
into the engine fuel feed line. We are proposing this AD to prevent
blocked engine fuel flow and possible engine flameout.

DATES: We must receive comments on this proposed AD by May 27, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     For service information identified in this proposed AD,
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0191; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Morton Lee, Propulsion Engineer,
Propulsion & Services Branch, ANE-173, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0191;
Directorate Identifier 2013-NM-256-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-35, dated November 15, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    There have been incidents of the ``ENG FUEL PRESS'' caution
light illuminating in-flight. An investigation revealed the engine
fuel feed ejector pump swing arm assembly became detached from the
outlet port of the engine fuel feed ejector pump and partially
blocked the engine fuel feed line. If the failed swing arm assembly
migrates along the fuel line downstream of the Fuel Tank AUX Pump
junction, it could block the engine fuel flow and the affected
engine may experience a flameout condition.
    Bombardier issued Service Bulletin (SB) 84-28-16 to introduce a
restrictor into the engine fuel feed line that is designed to
contain a detached ejector pump swing arm assembly.
    This [Canadian] AD mandates the installation of a restrictor
into the engine fuel feed line to prevent possible engine flameout.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0191.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-28-16, Revision B, dated
June 17, 2013. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 81 airplanes of U.S.
registry.
    We also estimate that it would take about 12 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $82,620, or $1,020 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:

    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2014-0191; Directorate Identifier
2013-NM-256-AD.

(a) Comments Due Date

    We must receive comments by May 27, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001,
and 4003 through 4417 inclusive, with installed engine fuel feed
ejector pump having part number (P/N) 2960008-102.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of swing arm assemblies of
engine fuel feed ejector pumps detaching from the outlet port of the
engine fuel feed ejector pump and partially blocking the engine fuel
feed line. We are issuing this AD to prevent blocked engine fuel
flow and possible engine flameout.

(f) Compliance

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

(g) Installation

    Within 6,000 flight hours or 36 months, whichever occurs first,
after the effective date of this AD, install a restrictor into the
engine fuel feed line, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 84-28-16, Revision B,
dated June 17, 2013.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 84-28-16, dated
July 16, 2012; or Revision A, dated May 23, 2013. This service
information is not incorporated by reference in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval). For a repair method to be approved,
the repair approval must specifically refer to this AD. You are
required to ensure the product is airworthy before it is returned to
service.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-35, dated November
15, 2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating it in Docket No. FAA-2014-0191.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may view this service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 2, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-07934 Filed 4-8-14; 8:45 am]
BILLING CODE 4910-13-P