[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Page 38047]
[FR Doc No: 2012-15502]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2052-000]

SPS Alpaugh North, 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
SPS Alpaugh North, 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 July 10, 2012.
    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 Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 20, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-15502 Filed 6-25-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Page 23184]
[FR Doc No: 2022-08299]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0030]

Fresenius Kabi USA, LLC, et al.; Withdrawal of Approval of Five
Abbreviated New Drug Applications; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register on February 28, 2022. The
document announced the withdrawal of approval of five abbreviated new
drug applications (ANDAs) from multiple applicants as of March 30,
2022. The document indicated that FDA was withdrawing approval of the
following ANDA after receiving a withdrawal request from Jiangsu
Hengrui Pharmaceuticals Co., Ltd., U.S. Agent, Venus Pharmaceutical
Laboratories Inc., 506 Carnegie Center, Suite 100, Princeton, NJ 08540:
ANDA 091008, Gabapentin Capsules, 100 milligrams (mg), 300 mg, and 400
mg. Before FDA withdrew the approval of this ANDA, Jiangsu Hengrui
Pharmaceuticals Co., Ltd., informed FDA that it did not want the
approval of the ANDA withdrawn. Because Jiangsu Hengrui Pharmaceuticals
Co., Ltd., timely requested that approval of this ANDA not be
withdrawn, the approval of ANDA 091008 is still in effect.

FOR FURTHER INFORMATION CONTACT: Martha Nguyen, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1676, Silver Spring, MD 20993-0002, 240-
402-6980, [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 28, 2022
(87 FR 11079), appearing on page 11079 in FR Doc. 2022-04153, the
following correction is made:
    On page 11079, in the table, the entry for ANDA 091008 is removed.

    Dated: April 13, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-08299 Filed 4-18-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76017-76018]
[FR Doc No: 2012-30910]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14463-000]

City of Avenal, California; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, Protests,
Recommendations, and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 14463-000.
    c. Date filed: October 22, 2012.
    d. Applicant: City of Avenal.
    e. Name of Project: Tank 4 In-Conduit Hydroelectric Project.
    f. Location: The proposed Tank 4 In-Conduit Hydroelectric Project
would be located along the conduit that delivers drinking water to the
City of Avenal in Kings County, California. The land on which all the
project structures are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Rick Cunningham, Utilities Supervisor,
City of Avenal, 919 Skyline Boulevard, Avenal, CA 93204,
<EMAIL_ADDRESS>(559) 386-5766.
    i. FERC Contact: Linda Jemison,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
of the proposed project, as well as the resource agency consultation
letters filed with the application, the 60-day timeframe specified in
18 CFR 4.34(b) for filing all comments, motions to intervene, protests,
recommendations, terms and conditions, and prescriptions is shortened
to 30 days from the issuance date of this notice. All reply comments
filed in response to comments submitted by any resource agency, Indian
tribe, or person, must be filed with the Commission within 45 days from
the issuance date of this notice.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly encourages electronic
filings.

    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    l. Description of Project: The Tank 4 In-Conduit Hydroelectric
Project would replace the City of Avenal's water storage Tank 4 with an
in-conduit turbine system which would deliver energy while controlling
the pressure of treated water entering the City's drink water
distribution system. The intake for the water is located adjacent to
the San Luis Canal. The water is treated near the intake and is
conveyed approximately 6 miles to the project site. The hydroelectric
system will capture some of the energy of the gravitational flow within
the drinking water system to generate electricity.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary''
link. Enter the docket number, here P-14463, in the docket number field
to access the document. For assistance, call toll-free 1-866-208-3676
or email<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A
copy is also available for review and reproduction at the address in
item h above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit a competing development application. A notice of intent must be
served on the applicant(s) named in this public notice.
    p. Protests or Motions To Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    q. All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,''
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS'', or
``PRESCRIPTIONS''; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. Any of these documents must be filed by providing
the original and seven copies to: The Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426. An
additional copy must be sent to Director, Division of Hydropower
Administration and Compliance, Office of Energy Projects, Federal
Energy Regulatory Commission, at the above address. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.
    r. Waiver of Pre-filing Consultation: On June 5, 2012, the
applicant informed agencies, affected Indian Tribes, and adjacent
property owners of its request to waive the Commission's consultation
requirements under 18 CFR 4.38(c). Only the National Marine Fisheries
Service representative responded, by telephone call on July 6, 2012),
explaining that ``the NMFS would not respond in writing and had no
comments on this Project at that time.'' No other comments were
received. Therefore, the Commission intends to accept the consultation
that has occurred on this project during the pre-filing period and to
waive pre-filing consultation under section 4.38(c), which requires,
among other things, conducting studies requested by resource agencies,
and distributing and consulting on a draft exemption application.

    Dated: December 18, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-30910 Filed 12-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Proposed Rules]
[Pages 11857-11859]
[FR Doc No: 2017-03536]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9374; Airspace Docket No. 16-AGL-23]
RIN 2120-AA66

Proposed Modification of VOR Federal Airways V-55, V-63, V-177,
V-228, and V-246 in the Vicinity of Stevens Point, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify five VHF Omnidirectional Range
(VOR) Federal airways in the vicinity of Stevens Point, WI. The FAA is
proposing this action due to the planned decommissioning of the Stevens
Point, WI (STE), VHF Omnidirectional Range/Tactical Air Navigation
(VORTAC) navigation aid (NAVAID) which provides navigation guidance for
portions of the ATS routes proposed to be amended by this action. This
action would enhance the safety and efficient management of aircraft in
the Stevens Point, WI, area.

DATES: Comments must be received on or before April 13, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2016-9374 and Airspace Docket No. 16-AGL-23 at the beginning of
your comments. You may also submit comments through the Internet at
http://www.regulations.gov. You may review the public docket containing
the proposal, any comments received, and any final disposition in
person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays. The Docket Office (telephone 1
(800) 647-5527), is on the ground floor of the building at the above
address.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is

also available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the NAS route structure as necessary to
preserve the safe and efficient flow of air traffic within the NAS.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2016-9374 and Airspace Docket No. 16-AGL-23) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2016-9374 and Airspace Docket No. 16-AGL-23.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood Blvd.,
Fort Worth, TX, 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Background

    The FAA is planning decommissioning activities for the Stevens
Point, WI (STE), VORTAC to take place in 2017 as one of the candidate
VORs identified for discontinuance by the VOR Minimum Operating Network
(VOR MON) program and listed in the Final policy statement notice,
``Provision of Navigation Services for the Next Generation Air
Transportation System (NextGen) Transition to Performance-Based
Navigation (PBN) (Plan for Establishing a VOR Minimum Operational
Network),'' published in the Federal Register of July 26, 2016 (81FR
48694), Docket No. FAA-2011-1082. Additionally, the Stevens Point
VORTAC has been reported as out-of-service since October 31, 2012, by
Notice to Airmen (NOTAM) due to extreme fluctuations in signal
modulation and out-of-tolerance structure. The VORTAC is unusable as a
terminal facility, is showing out-of-tolerance conditions at many
enroute altitudes, and numerous attempts to repair the VORTAC to put it
back in service have failed. The affected ATS routes are VOR Federal
airways V-55, V-63, V-177, V-228, and V-246.
    With the planned decommissioning of the Stevens Point, WI, VORTAC,
the FAA has determined the remaining ground-based NAVAID coverage in
the area is insufficient to enable the continuity of the affected
airways. As such, proposed modifications to VOR Federal airways V-55,
V-63, V-177, V-228, and V-246 will result in gaps in the route
structures. To overcome the gaps that would result in the route
structures, instrument flight rules (IFR) traffic could use adjacent
VOR Federal airways V-9, V-26, V-78, V-191, V-341, or V-345 to
circumnavigate the affected area, could file point-to-point through the
affected area using the fixes that will remain in place, or could
receive air traffic control (ATC) radar vectors through the area. VFR
pilots who elect to navigate via airways through the affected area
could also take advantage of the adjacent VOR Federal airways or ATC
services listed previously.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the descriptions of VOR Federal
airways V-55, V-63, V-177, V-228, and V-246 due to the planned
decommissioning of the Stevens Point, WI, VORTAC. The proposed route
changes are described below.
    V-55: V-55 currently extends between the Dayton, OH (DQN), VOR and
the Bismarck, ND (BIS), VOR. In a separate NPRM, the FAA proposed to
remove the airway segment between the Siren, WI (RZN), VOR/Distance
Measuring Equipment (VOR/DME) and the Park Rapids, MN (PKD), VOR/DME
(82 FR 6353, January 19, 2017). The

FAA now proposes to remove the airway segment between the intersection
of the Green Bay, WI (GRB), VORTAC 270[deg](T)/269[deg](M) and Oshkosh,
WI (OSH), VORTAC 339[deg](T)/337[deg](M) radials (the BIPID fix) and
the Eau Claire, WI (EAU), VORTAC in this NPRM. The unaffected portions
of the existing airway would remain as charted in the three remaining
segments.
    V-63: V-63 currently extends between the Bowie, TX MN (UKW), VORTAC
and the Houghton, MI (CMX), VOR/DME. The FAA proposes to remove the
airway segment between the Oshkosh, WI (OSH), VORTAC and the Wausau, WI
(AUW), VORTAC. The unaffected portions of the existing airway would
remain as charted in the two remaining segments.
    V-177: V-177 currently extends between the Joliet, IL (JOT), VORTAC
and the Ely, MN (ELO), VOR/DME. The FAA proposes to remove the airway
segment between the Madison, WI (MAD), VOR/DME and the Wausau, WI
(AUW), VORTAC. The unaffected portions of the existing airway would
remain as charted in the two remaining segments.
    V-228: V-228 currently extends between the Stevens Point, WI (STE),
VORTAC and the Gipper, MI (GIJ), VORTAC. The FAA proposes to remove the
airways segment between the Stevens Point, WI (STE), VORTAC and the
Dells, WI (DLL), VORTAC. The unaffected portion of the existing airway
would remain as charted.
    V-246: V-246 currently extends between the Janesville, WI (JVL),
VOR/DME and Stevens Point, (STE), VORTAC. The FAA proposes to remove
the airway segment between the intersection of the Nodine, MN (ODI),
VORTAC 055[deg](T)/054[deg](M) and Eau Claire, WI (EAU), VORTAC
134[deg](T)/130[deg](M) radials (the MILTO fix) and the Stevens Point,
WI (STE), VORTAC. The unaffected portion of the existing airway will
remain as charted.
    All radials in the route descriptions below that do not reflect
True (T)/Magnetic (M) degree radial information are unchanged and
stated in True degrees.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.11A, dated August 3, 2016, and effective September 15, 2016, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airways
listed in this document will be subsequently published in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016 and
effective September 15, 2016, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal airways.

* * * * *

V-55 [Amended]

    From Dayton, OH; Fort Wayne, IN; Goshen, IN; Gipper, MI; Keeler,
MI; Pullman, MI; Muskegon, MI; INT Muskegon 327[deg] and Green Bay,
WI, 116[deg] radials; Green Bay; to INT Green Bay 270[deg](T)/
269[deg](M) and Oshkosh, WI, 339[deg](T)/337[deg](M) radials. From
Eau Claire, WI; to Siren, WI. From Park Rapids, MN; Grand Forks, ND;
INT Grand Forks 239[deg] and Bismarck, ND, 067[deg] radials; to
Bismarck.
* * * * *

V-63 [Amended]

    From Bowie, TX; Texoma, OK; McAlester, OK; Razorback, AR;
Springfield, MO; Hallsville, MO; Quincy, IL; Burlington, IA; Moline,
IL; Davenport, IA; Rockford, IL; Janesville, WI; Badger, WI; to
Oshkosh, WI. From Wausau, WI; Rhinelander, WI; to Houghton, MI.
Excluding that airspace at and above 10,000 feet MSL from 5 NM north
to 46 NM north of Quincy, IL, when the Howard West MOA is active.
* * * * *

V-177 [Amended]

    From Joliet, IL; Janesville, WI; to Madison, WI. From Wausau,
WI; Hayward, WI; Duluth, MN; to Ely, MN.
* * * * *

V-228 [Amended]

    From Dells, WI; Madison, WI; INT Madison 138[deg] and Chicago
O'Hare, IL, 316[deg] radials; INT Chicago O'Hare 316[deg] and
Northbrook, IL, 291[deg] radials; Northbrook; INT Northbrook
110[deg] and Gipper, MI, 290[deg] radials; to Gipper.
* * * * *

V-246 [Amended]

    From Janesville, WI; Dubuque, IA; Waukon, IA; Nodine, MN; to INT
Nodine 055[deg](T)/054[deg](M) and Eau Claire, WI, 134[deg](T)/
130[deg](M) radials.

    Issued in Washington, DC, on February 6, 2017.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-03536 Filed 2-24-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Page 76077]
[FR Doc No: 2020-26179]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9054-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed November 16, 2020 10 a.m. EST Through November 20, 2020 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200238, Draft, USFS, OR, Stella Restoration Project, Comment
Period Ends: 01/12/2021, Contact: Elizabeth Bly<PHONE_NUMBER>.
EIS No. 20200239, Draft, USCG, TX, Texas Gulflink Deepwater Port
License Application, Comment Period Ends: 01/11/2021, Contact: Brad
McKitrick<PHONE_NUMBER>.
EIS No. 20200240, Final, USFWS, REG, Regulations Governing Take of
Migratory Birds, Review Period Ends: 12/28/2020, Contact: Lesley
Kordella<PHONE_NUMBER>.
EIS No. 20200241, Final, BLM, PRO, Final Programmatic EIS for Fuels
Reduction and Rangeland Restoration in the Great Basin, Review Period
Ends: 12/28/2020, Contact: Shannon Bassista<PHONE_NUMBER>.
EIS No. 20200242, Draft, USACE, VA, Surry To Skiffes Creek To Whealton
Transmission Project, Comment Period Ends: 01/11/2021, Contact: Randy
Steffey<PHONE_NUMBER>.

    Dated: November 20, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2020-26179 Filed 11-25-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Page 18537]
[FR Doc No: 2023-06437]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5679-041]

Energy Stream, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 5679-041.
    c. Date Filed: July 15, 2022.
    d. Applicant: Energy Stream, LLC (Energy Stream).
    e. Name of Project: M.S.C. Hydroelectric Project (project).
    f. Location: On the Quinebaug River in Windham County, Connecticut.
The project does not occupy federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Rolland Zeleny, Energy Stream, LLC, 18
Washington St., Suite 18, Canton, MA 02021; call at<PHONE_NUMBER>;
email at [email protected].
    i. FERC Contact: Arash Barsari at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing scoping comments: April 21, 2023.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
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,
MD 20852. All filings must clearly identify the project name and docket
number on the first page: M.S.C. Hydroelectric Project (P-5679-041).
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The existing M.S.C. Hydroelectric Project consists of: (1) an
approximately 283-foot-long dam that includes: (a) an approximately 38-
foot-long headgate structure with four sluice gates; (b) a 115-foot-
long spillway section with 1.6-foot-high flashboards, and a crest
elevation of 287.80 feet mean sea level (msl) at the top of the
flashboards; (c) a 7-foot-wide pier; (d) a 91-foot-long auxiliary
spillway section with a crest elevation of 288.70 feet msl; and (e) a
32-foot-long retaining wall section with a crest elevation of 289.7
feet msl; (2) an impoundment with a surface area of 52 acres at an
elevation of 287.80 feet msl; (3) a forebay and intake structure with a
trashrack with 1.6-inch clear bar spacing; (4) a low-level outlet gate
adjacent to the trashrack; (5) a powerhouse containing a 400-kilowatt
(kW) Kaplan turbine-generator unit and a 112-kW Francis turbine-
generator unit, for a total installed capacity of 512 kW; (6) a 50-
foot-long, 28-foot-wide, 10-foot-deep tailrace; (7) three 50-foot-long,
2.4-kilovolt (kV) lead lines that connect the generators to three 2.4/
23-kV step-up transformers, where the project is connected to the
regional grid; and (8) appurtenant facilities. The project creates an
approximately 65-foot-long bypassed reach of the Quinebaug River.
    The current license requires Energy Stream to: (1) operate the
project in a run-of-river mode, such that project outflow approximates
inflow; (2) release a minimum flow of 144 cubic feet per second (cfs)
or inflow to the impoundment, whichever is less, below the tailrace;
(3) release minimum flows when refilling the impoundment following
emergency or maintenance drawdowns; and (4) provide upstream and
downstream passage for American eels.
    The minimum and maximum hydraulic capacities of the project are 40
and 545 cfs, respectively. The average annual energy production of the
project from 2017 through 2021 was 2,885 megawatt-hours.
    Energy Stream is not proposing any changes to project facilities or
operation.
    m. A copy of the application can be viewed on the Commission's
website at https://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 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.
    n. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, please
contact FERC Online Support.
    o. Scoping Process:
    Pursuant to the National Environmental Policy Act (NEPA),
Commission staff intends to prepare either an environmental assessment
(EA) or an environmental impact statement (EIS) (collectively referred
to as the ``NEPA document'') that describes and evaluates the probable
effects, including an assessment of the site-specific and cumulative
effects, if any, of the proposed action and alternatives. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission issues an EA or an EIS.
    At this time, we do not anticipate holding on-site scoping
meetings. Instead, we are soliciting written comments and suggestions
on the preliminary list of issues and alternatives to be addressed in
the NEPA document, as described in scoping document 1 (SD1), issued
March 22, 2023.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of the SD1
may be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link (see item m above).

    Dated: March 22, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-06437 Filed 3-28-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Rules and Regulations]
[Pages 31180-31182]
[FR Doc No: E9-15559]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-1216]
RIN 1625-AA09

Drawbridge Operation Regulations; Potomac River, Between MD and
VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of the new Woodrow Wilson Memorial (I-95) Bridge, mile
103.8, across the Potomac River between Alexandria, VA and Oxon Hill,
MD. This rule is being made in an effort to minimize the potential for
major regional vehicular traffic impacts and consequences during bridge
openings of the draw span while still providing for reasonable needs of
marine traffic.

DATES: This rule is effective July 30, 2009.

ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2008-1216 and are available online at
http://www.regulations.gov. This material is also available for
inspection or copying at two locations: 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, and the Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard
District, at<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 9, 2009, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Potomac River,
Between MD and VA'' (74 FR 6359). We received no comments on the
published NPRM. No public meeting was requested, and none was held.

Background and Purpose

    On July 2, 2008, we published a temporary regulation entitled
``Drawbridge Operation Regulations; Potomac River, Between MD and VA,''
in the Federal Register (73 FR 37806). While construction continued,
the temporary rule allowed the drawbridge to remain closed-to-
navigation each day from 10 a.m. to 2 p.m. until and including March 1,
2009.
    The MD State Highway Administration and the VA Department of
Transportation, co-owners of the drawbridge, requested to permanently
maintain the Woodrow Wilson Bridge in the closed-to-navigation position
each day from 10 a.m. to 2 p.m. This request was made in an effort to
minimize the potential for major regional vehicular traffic impacts and
consequences during bridge openings.
    In reaching our decision to implement this request, we balanced the
large volume of vehicular traffic moving across the bridge against the
lack of large commercial vessel traffic seeking to use the bridge
during this period. The Woodrow Wilson Bridge is part of the Capital
Beltway Interstate Highway System. It is a critical component of that
system for both local and regional traffic moving into, around, and
through the Washington, DC metro area. Bridge openings cause
significant traffic delays.
    From a river-user standpoint, the coordinators for the construction
of the new Woodrow Wilson Bridge Project have received no requests from
boaters or mariners to open the bridge during the 10 a.m. to 2 p.m.
timeframe since the first temporary deviation was issued in late June
2006. In fact, no requests have been received for an opening of the new
bridge at all since July 3, 2006. Finally, the coordinators have
received no complaints on the 10 a.m. to 2 p.m. restriction. This rule
will affect only vessels with mast heights of 75 feet or greater.
Furthermore, all operators of affected vessels with mast heights
greater than 75 feet will be able to request an opening of the
drawbridge in the ``off-peak'' vehicle traffic hours (evening and
overnight) in accordance with 33 CFR 117.255(a). As discussed in the
Notice of Proposed Rulemaking, currently, 33 CFR 117.255(a)(2)(i)
states (paraphrasing) that the drawbridge need not open for the passage
of a commercial vessel, Monday through Friday, 5 a.m. to 10 a.m. and 2
p.m. to 8 p.m. This final rule connects the two time periods by
extending the operating

regulation to cover the entire period from 5 a.m. until 8 p.m. We
considered the alternative of narrowing the mid-day window from 10 a.m.
to 2 p.m. to make it a shorter window. However, since there were no
vessel requests for this time period at all, we rejected this option.
We also considered taking no action at all; however, due to the high
volume of vehicle traffic using the bridge, we rejected this option as
well.

Discussion of Comments and Changes

    The Coast Guard received no comments to the NPRM. Therefore, we
will implement a final rule with no changes to the NPRM. If commercial
vessel traffic patterns change, we will revisit the operating
requirements. Questions or concerns regarding the opening of the
Woodrow Wilson Memorial Bridge may be directed to the person identified
in the For Further Information Section of this final rule. Requests to
change the operating schedule for this bridge should be sent to the
Fifth District Commander in Portsmouth, Virginia (See 33 CFR 117.8).

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. We reached this conclusion based on the
fact that these changes have only a minimal impact on maritime traffic
transiting through the bridge. All operators of affected vessels with
mast heights greater than 75 feet will be able to request an opening of
the drawbridge in the ``off-peak'' vehicle traffic hours (evening and
overnight) in accordance with 33 CFR 117.255(a), and mariners can plan
their trips in accordance with the scheduled bridge openings to
minimize delays.

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.
    This rule could affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit through the bridge, between the hours of 10 a.m. and 2 p.m.,
Monday through Friday.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule only adds minimal restrictions to the movement of navigation. All
operators of affected vessels with mast heights greater than 75 feet
will be able to request an opening of the drawbridge in the ``off-
peak'' vehicle traffic hours (evening and overnight) in accordance with
33 CFR 117.255(a). Additionally, mariners who plan their transits in
accordance with the scheduled bridge openings can minimize delay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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 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 effect 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 would not create an
environmental risk to health or risk to safety that might
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 Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. In Sec.  117.255 revise paragraph (a)(2)(i) to read as follows:

Sec.  117.255  Potomac River.

* * * * *
    (a) * * *
    (2) * * *
    (i) From Monday through Friday (except Federal holidays), 5 a.m. to
8 p.m.
* * * * *

    Dated: June 25, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard
District.
[FR Doc. E9-15559 Filed 6-26-09; 4:15 pm]
BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Notices]
[Page 8662]
[FR Doc No: 2021-02692]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Cancellation

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:  86 FR 7759,
February 1, 2021.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:  Thursday, February
4, 2021 at 2:00 p.m.

CHANGES IN THE MEETING:  The Closed Meeting scheduled for Thursday,
February 4, 2021 at 2:00 p.m., has been cancelled.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: February 4, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-02692 Filed 2-4-21; 4:15 pm]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me as a consumer of the products that are proposed for regulation under the aforementioned Proposed Rule. The Proposed Rule asks a numerous variety of questions thatI might want to respond to. I would like to provide my thoughts and comments on many of these issues, but the time I am able to devote to researching and providing relevant comments on these questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. It is to my understanding that the FDA took many years to even come up with the Proposed Rule, so I believe it is perfectly reasonable to allow the public a mere six months to comment on it. This is our only opportunity as consumers to provide feedback, and one many of us would like to take advantage of.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. In other words, I firmly believe that they saved my life, and I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Rules and Regulations]
[Pages 33435-33438]
[FR Doc No: 2022-11806]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0844; Project Identifier AD-2021-00689-T;
Amendment 39-22028; AD 2022-09-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes.
This AD was prompted by reports of a missing shim at a joint common to
the main torque box (MTB) skin panel and rear spar root fitting. This
AD requires inspecting the MTB skin panel and rear spar root fitting
for cracking and delamination, and applicable on-condition actions. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective July 7, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 7,
2022.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0844.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0844; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is 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: Joseph Hodgin, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 787-8, 787-9, and 787-10 airplanes. The NPRM published in
the Federal Register on October 28, 2021 (86 FR 59665). The NPRM was

prompted by reports of a missing shim at a joint common to the MTB skin
panel and rear spar root fitting. In the NPRM, the FAA proposed to
require inspecting the MTB skin panel and rear spar root fitting for
cracking and delamination, and applicable on-condition actions. The FAA
is issuing this AD to address the omission of a shim between the MTB
skin panel and rear spar flange at the attachment to the root fitting.
This condition, if not addressed, could result in a reduction in
fatigue performance of the MTB skin panel and rear spar root fittings,
which could affect the structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA), Boeing, an individual, and United Airlines, who
supported the NPRM without change.
    The FAA received additional comments from Avianca Airlines. The
following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Substitute Approval Form for Alternative Method of
Compliance (AMOC) Letter

    Avianca Airlines (AVA) proposed that paragraph (h) of the proposed
AD be revised to require an 8100-9 approval form, rather than an AMOC,
for a repair after contacting Boeing. AVA stated that the time delay
required to obtain an AMOC letter affects the operational return to
service of the affected aircraft and that an 8100-9 form is already an
approved document that certifies compliance with airworthiness
standards.
    The FAA does not agree with this request. An FAA Form 8100-9, which
is both a repair data approval and AMOC approval, may be issued by the
Boeing Company Organization Designation Authorization (ODA), provided
it has been authorized by the Manager, Seattle ACO Branch, FAA, as
required by paragraph (i)(3) of this AD. If the ODA does not have
authorization from the Manager, Seattle ACO Branch, FAA, then a
separate AMOC approval is required. This AD has not been changed with
regard to this request.

Request To Allow Later Approved Revisions of the Service Bulletin

    AVA requested that the proposed AD be revised to allow later
approved revisions of Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021, to be used for
compliance with the proposed AD.
    The FAA does not agree with the request to allow later approved
revisions. The FAA may not refer to any document that does not yet
exist in an AD. In general terms, the FAA is required by Office of the
Federal Register (OFR) regulations for approval of materials
incorporated by reference, as specified in 1 CFR 51.1(f), to either
publish the service document contents as part of the actual AD
language; or submit the service document to the OFR for approval as
referenced material, in which case the FAA may only refer to such
material in the text of an AD. The AD may refer to the service document
only if the OFR approved it for incorporation by reference. See 1 CFR
part 51.
    To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either the FAA must
revise the AD to reference specific later revisions, or operators must
request approval to use later revisions as an alternative method of
compliance with this AD under the provisions of paragraph (i) of this
AD.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021. This service information
specifies procedures for an ultrasonic test for cracking and
delamination of the skin panel, an open hole high frequency eddy
current (HFEC) inspection for cracking of the rear spar root fitting at
the fastener holes common to the MTB skin panel and rear spar root
fitting interface, and a surface HFEC inspection for cracking of
visible rear spar root fitting surface areas, and applicable on-
condition actions. On-condition actions include measurement of the gap
between the MTB skin panel and the rear spar flange, installation of a
new shim between the MTB skin panel and the rear spar flange, and
installation of new fasteners in the MTB skin panel and the rear spar
flange. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 91 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections...........................  14 work-hours x $85 per               $0          $1,190        $108,290
                                         hour = $1,190.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
measurements and installations that would be required based on the
results of the inspection. The agency has no way of determining the
number of aircraft that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Gap measurement...............................  1 work-hour x $85 per hour = $85              $0             $85
Installation..................................  10 work-hours x $85 per hour =            11,330          12,180
                                                 $850.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:

2022-09-08 The Boeing Company: Amendment 39-22028; Docket No. FAA-
2021-0844; Project Identifier AD-2021-00689-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as specified in
Boeing Alert Requirements Bulletin B787-81205-SB550011-00 RB, Issue
001, dated May 18, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of a missing shim at a joint
common to the main torque box (MTB) skin panel and rear spar root
fitting. The FAA is issuing this AD to address the omission of a
shim between the MTB skin panel and rear spar flange at the
attachment to the root fitting. This condition, if not addressed,
could result in a reduction in fatigue performance of the MTB skin
panel and rear spar root fittings, which could affect the structural
integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin B787-81205-SB550011-00 RB, Issue 001,
dated May 18, 2021, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin B787-81205-SB550011-00 RB, Issue 001, dated
May 18, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
B787-81205-SB550011-00, Issue 001, dated May 18, 2021, which is
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB550011-00 RB, Issue 001, dated May 18, 2021.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Requirements Bulletin B787-81205-SB550011-00
RB, Issue 001, dated May 18, 2021, specifies contacting Boeing for
repair instructions: This AD requires doing the repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Joseph Hodgin,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email: [email protected].

(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) Boeing Alert Requirements Bulletin B787-81205-SB550011-00
RB, Issue 001, dated May 18, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 15, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-11806 Filed 6-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81435-81436]
[FR Doc No: 2015-32407]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Delayed Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of application delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

    N--New application.
    M--Modification request.
    R--Renewal Request.
    P--Party To Exemption Request.

    Issued in Washington, DC, on December 7, 2015.
Donald Burger,
Chief, General Approvals and Permits.

------------------------------------------------------------------------
                                         Reason for      Estimated date
  Application No.       Applicant           delay        of completion
------------------------------------------------------------------------
                     MODIFICATION TO SPECIAL PERMITS
------------------------------------------------------------------------
16142-M...........  Nantong CIMC Tank               4         01-20-2016
                    Equipment Co.
                     Ltd..
                    Jiangsu, Province
14808-M...........  Amtrol-Alfa......               4         01-31-2016
                    Metalomecanica,
                     S.A..
                    West Warwick, RI.
15972-M...........  EnTrans                         4         12-15-2015
                     International,.
                    Athens, TN.......
15628-M...........  Chemours Company.               4         01-31-2016
                    FC, LLC..........
                    Wilmington, DE...
14437-M...........  Columbiana Boiler               4         12-31-2015
                    Company (CBCo)...
                    LLC..............
                    Columbiana, OH...
------------------------------------------------------------------------
                     NEW SPECIAL PERMIT APPLICATIONS
------------------------------------------------------------------------
15767-N...........  Union Pacific....               3         02-29-2016
                    Railroad Company.
                    Omaha, NE........
16220-N...........  Americase........               4         03-31-2016
                    Waxahache, TX....
16249-N...........  Optimized Energy.               3         04-30-2016
                    Solutions, LLC...
                    Durango, CO......
16337-N...........  Volkswagen Group                4         12-31-2015
                     of America.
                    (VWGoA)..........
                    Herndon, VA......
16366-N...........  Department of                   4         12-15-2015
                     Defense.
                    Scott AFB, IL....
16371-N...........  Volkswagen Group                4         12-30-2015
                     of America.
                    (VWGoA)..........
                    Herndon, VA......
16416-N...........  INOX India                      4         12-31-2105
                     Limited.
                    Gujarat, India...
16461-N...........  Coastal                         4         12-20-2015
                     Hydrotesting.
                    LLC..............
                    Baltimore, MD....
16452-N...........  The Proter &                    4         12-31-2015
                     Gamble Company.
                    Cincinnati, OH...
16477-N...........  Hydroid, Inc.....               4         12-31-2015
                    Pocasset,MA......
16495-N...........  TransRail                       4         01-31-2016
                     Innovation.
                    Calgary..........
16474-N...........  Retriev                         4         01-15-2016
                     Technologies
                     Inc..
                    Anaheim, CA......
16469-N...........  ACS UE Testing                  4         01-15-2016
                     LLC.
                    Denver, CO.......

16463-N...........  Salco Products...               3         12-31-2015
                    Lemont, IL.......
16001-............  N VELTEK                        3         03-31-2016
                     ASSOCIATES, INC..
                    Malvern, PA......
------------------------------------------------------------------------
                  PARTY TO SPECIAL PERMITS APPLICATION
------------------------------------------------------------------------
16279-P...........  AEG Environmental               4         12-31-2015
                     Products &
                     Services, Inc..
                    Westminister, MD.
------------------------------------------------------------------------
                  RENEWAL SPECIAL PERMITS APPLICATIONS
------------------------------------------------------------------------
11860-R...........  GATX Corporation.               4         12-31-2015
                    Chicago, IL......
------------------------------------------------------------------------

[FR Doc. 2015-32407 Filed 12-28-15; 8:45 am]
 BILLING CODE M