[Federal Register: March 30, 2006 (Volume 71, Number 61)]
[Notices]
[Page 16152-16153]
[DOCID:fr30mr06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of License, and Soliciting
Comments, Motions To Intervene, and Protests

March 24, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 2823-012.
    c. Date Filed: March 3, 2006.
    d. Applicants: Beaver Falls Hydro Associates and Wilmington Trust
Company (transferors); and Algonquin Power (Beaver Falls), LLC
(transferee).
    e. Name and Location of Project: The Lower Beaver Falls Project is
located on the Beaver River in Lewis County, New York.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Applicant Contacts: For the transferors: Joseph B. Feil,
Wilmington Trust Company, 1100 North Market Street, Wilmington, DE
19890-0001,<PHONE_NUMBER>, and Terry L. Ott, Beaver Falls Hydro
Associates, 4450 Swissvale Drive, Manlius, NY 13104 and P.O. Box 101,
Skaneteles, NY, 13153.
    For the transferee: Sean Fairfield, Algonquin Power (Beaver Falls),
LLC, 2845 Oakville Bristol Circle, Ontario, Canada, L6H7H4, (905) 465-
4518, and June Broadstone, Skadden, Arps, Slate, Meagher, and Flom,
LLR, 1440 New York Avenue NW, Washington, DC 20005,<PHONE_NUMBER>.
    h. FERC Contact: Robert Bell at<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: April 24, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. 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 under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the Project
Number on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing a document 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 documents on that resource agency.
    j. Description of Application: Applicants seek Commission approval
to transfer the license for the Lower Beaver Falls Project from Beaver
Falls Hydro Associates and Wilmington Trust Company (Wilmington) to
Algonquin Power (Beaver Falls), LLC (Algonquin). The application was
filed by Algonquin and co-licensee Wilmington. The other co-licensee,
Beaver Falls Hydro Associates, did not respond to Wilmington's
certified letter (Exhibit F-4 of the application) requesting it to be
an applicant. However, Beaver Falls Hydro Associates executed an
agreement (Exhibit F-3 of the application) with Wilmington that
provides Wilmington with power of attorney to apply for approval to
transfer the license on behalf of Beaver Falls Hydro Associates.
    k. This filing 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 ``FERRIS'' link. Enter the docket number

(P-9985) in the

docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or e-mail<EMAIL_ADDRESS>For TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the addresses in item g. above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments 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 comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and eight
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the
Applicants specified in the particular application.
    o. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicants.
If an agency does not file comments within the time specified for
filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicants'
representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-4651 Filed 3-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35340-35341]
[FR Doc No: 2015-15099]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD15-27-000]

Mountain Village, CO; Notice of Preliminary Determination of a
Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On June 3, 2015, the town of Mountain Village, CO filed a notice of
intent to construct a qualifying conduit hydropower facility, pursuant
to section 30 of the Federal Power Act (FPA), as amended by section 4
of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The
proposed Double Cabins PRV Hydro Project would have an installed
capacity of 5 kilowatts (kW) and would be located on the existing water
supply pipeline for Mountain Village, which transports water for
municipal consumption. The project would be located near Mountain
Village in San Miguel County, Colorado.
    Applicant Contact: Finn Kjome, Director of Public Works, 455
Mountain Village Blvd., Suite A, Mountain Village, CO 81435, Phone No.
(970) 369-8206.
    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A proposed short, 2-inch-diameter intake
pipe that connects to a 10-inch-diameter main water supply pipe; (2) a
proposed powerhouse that contains one turbine-generator unit with an
installed capacity of 5 kW; (3) a proposed short 2-inch-diameter exit
pipe returning flow to the main water supply pipe, making the total
bypass approximately 10-feet; and (5) appurtenant facilities. The
proposed project would have an estimated annual generating capacity of
10 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
----------------------------------------------------------------------------------------------------------------
                                                                                Satisfies (Y/
              Statutory provision                                   Description                          N)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by HREA............  The conduit the facility uses is a tunnel, canal,            Y
                                                  pipeline, aqueduct, flume, ditch, or similar
                                                  manmade water conveyance that is operated for
                                                  the distribution of water for agricultural,
                                                  municipal, or industrial consumption and not
                                                  primarily for the generation of electricity.
FPA 30(a)(3)(C)(i), as amended by HREA.........  The facility is constructed, operated, or                    Y
                                                  maintained for the generation of electric power
                                                  and uses for such generation only the
                                                  hydroelectric potential of a non-federally owned
                                                  conduit.
FPA 30(a)(3)(C)(ii), as amended by HREA........  The facility has an installed capacity that does             Y
                                                  not exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA.......  On or before August 9, 2013, the facility is not             Y
                                                  licensed, or exempted from the licensing
                                                  requirements of Part I of the FPA.
----------------------------------------------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility, which is
not required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2014).
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    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. 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.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its 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 (e.g., CD15-27-000) 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>.

    Dated: June 15, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15099 Filed 6-18-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27711-27714]
[FR Doc No: E9-13591]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0831-200825(a); FRL-8915-7]

Approval and Promulgation of Implementation Plans Georgia: State
Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the State
Implementation Plan (SIP) revision submitted by the Georgia Department
of Natural Resources (DNR), through the Georgia Environmental
Protection Division (EPD), on June 25, 2008. The revisions include
modifications to Georgia's Air Quality Rules found at Chapters 391-3-
1-.01, and 391-3-1-.02, pertaining to ``Definitions,'' and ``Emission
Limitations and Standards,'' respectively. This action is being taken

pursuant to section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective August 10, 2009 without
further notice, unless EPA receives adverse comment by July 13, 2009.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0831, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2008-0831,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.

Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-2008-
0831.'' EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Harder can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is approving a SIP revision submitted by the DNR through EPD on
June 25, 2008. The revisions include changes to Georgia's Air Quality
Rules, found at Chapters 391-3-1-.01, and 391-3-1-.02, pertaining to
``Definitions,'' and ``Emission Limitations and Standards,''
respectively. These revisions became State effective on June 8, 2008.

II. Analysis of State's Submittal

    Georgia is revising rule 391-3-1-.01, ``Definitions,'' subparagraph
(nnnn), pertaining to ``Procedures for Testing and Monitoring Sources
of Air Pollutants.'' The revised language updates the rule to reference
the most current version of the procedures which is dated January 1,
2008.
    Additionally, Georgia is revising rule 391-3-1-.02(2), ``Emission
Limitations and Standards,'' subparagraph (a) relating to ``General
Provisions.'' Georgia is amending subparagraph (a)(6), ``VOC Emissions
Standards, Exemptions, Area Designations, Compliance Schedules and
Compliance Determinations,'' to provide clarification and consistency
with rules referenced in the general provisions. Specifically, the
revision removes language to subparagraphs 6(i)(II) and (III) to
clarify the rules that the subparagraphs are referencing. The revision
also removes a specific compliance schedule under subparagraph
6(ii)(II) that is no longer applicable, and was implemented by 1994.

III. Final Action

    EPA is taking direct final action to approve the aforementioned
revisions, specifically, Chapters 391-3-1-.01(nnnn) and 391-3-1-.02(2),
into the Georgia SIP. These revisions were submitted by GA EPD on June
25, 2008. EPA is publishing this rule without prior proposal because
the Agency views this as a noncontroversial submittal and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective August 10, 2009
without further notice unless the Agency receives adverse comments by
July 13, 2009.
    If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on August 10, 2009 and no
further action will be taken on the proposed rule. Please note that if
we

receive adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 10, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 1, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart L--Georgia

0
2. Section 52.570(c) is amended by revising the entries for ``391-3-
1-.01, and 391-3-1-.02'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective    EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01......................   Definitions........    6/8/2008  6/11/2009              ....................
                                                                     [Insert citation of
                                                                      publication]
391-3-1-.02......................  Provisions..........    6/8/2008  6/11/2009              ....................
                                                                     [Insert citation of
                                                                      publication]

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

* * * * *
[FR Doc. E9-13591 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28775-28776]
[FR Doc No: 2013-11563]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0602; FRL-9813-4]

Approval and Promulgation of Implementation Plans; North
Carolina; State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a portion of a revision to the
North Carolina State Implementation Plan submitted on February 3, 2010,
through the North Carolina Department of Environment and Natural
Resources. This revision updates the North Carolina SIP to reflect
EPA's current national ambient air quality standards for ozone, lead
and particulate matter found in the Code of Federal Regulations. In the
Final Rules Section of this Federal Register, EPA is approving the
State's implementation plan revision as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments. A detailed rationale for
the approval is set forth in the direct final rule. If no adverse
comments are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.

DATES: Comments must be received on or before June 17, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0602 by one of the following methods:
    (a) www.regulations.gov: Follow the on-line instructions for
submitting comments.
    (b) Email<EMAIL_ADDRESS>    (c) Fax:<PHONE_NUMBER>.
    (d) Mail: EPA-R04-OAR-2007-0602, Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    (e) Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: For information regarding this source
specific SIP revision, contact Ms. Kelly Sheckler, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms.
Sheckler's telephone number is<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: May 1, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-11563 Filed 5-15-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17615-17616]
[FR Doc No: 2020-06492]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2019-0098]

Hazardous Materials: Lithium Battery Air Safety Advisory
Committee; Notice of Public Meeting

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
U.S. Department of Transportation (DOT).

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a meeting of the Lithium Battery Safety
Advisory Committee.

DATES: The meeting will be held on September 16-17, 2020, from 9:00
a.m.-5:00 p.m. Eastern Standard Time. Requests to attend the meeting
must be received by September 2, 2020. Requests for accommodations for
a disability must be received by September 2, 2020. Persons requesting
to speak during the meeting must submit a written copy of their remarks
to DOT by September 2, 2020. Requests to submit written materials to be
reviewed during the meeting must be received no later than September 2,
2020.

ADDRESSES: The meeting will be held at DOT Headquarters, West Building,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. The meeting will
also be webcast. Information for accessing the webcast will be posted
on the Lithium Battery Safety Advisory Committee website, which is
located at: https://www.phmsa.dot.gov/hazmat/rulemakings/lithium-battery-safety-advisory-committee. The E-Gov website is located at
https://www.regulations.gov. Mailed written comments intended for the
committee should be sent to Docket Management Facility; U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, Room
W12-140, Washington, DC 20590-0001. Hand delivered written comments
should be delivered to the DOT dockets facility located in room W12-140
on the ground level of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Steven Webb or Aaron Wiener, PHMSA,
U.S. Department of Transportation. Telephone:<PHONE_NUMBER>. Fax:
(202) 366-3753. Email<EMAIL_ADDRESS>Any committee
related request should be sent to the people listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The Lithium Battery Safety Advisory Committee was created under the
Federal Advisory Committee Act (FACA, Pub. L. 92-463), in accordance
with Section 333(d) of the FAA Reauthorization Act of 2018 (Pub. L.
115-254).

II. Agenda

    At the meeting, the agenda will cover the following topics as
specifically outlined in section 333(d) of Public Law 115-254:
    (a) Facilitate communication amongst manufactures of lithium
batteries and products containing lithium batteries, air carriers, and
the Federal government.
    (b) Discuss the effectiveness, and the economic and social impacts
of lithium battery transportation regulations.
    (c) Provide the Secretary with information regarding new
technologies and transportation safety practices.
    (d) Provide a forum to discuss Departmental activities related to
lithium battery transportation safety.
    (e) Advise and recommend activities to improve the global
enforcement of air transportation of lithium batteries, and the
effectiveness of those regulations.
    (f) Provide a forum for feedback on potential U.S. positions to be
taken at international forums.
    (g) Guide activities to increase awareness of relevant
requirements.
    (h) Review methods to decrease the risk posed by undeclared
hazardous materials.
    A final agenda will be posted on the Lithium Battery Safety
Advisory Committee website at least one week in advance of the meeting.

III. Public Participation

    The meeting will be open to the public on a first-come, first
served basis, as space is limited. Members of the public who wish to
attend in person must RSVP to the person listed in the FOR FURTHER
INFORMATION CONTACT section with your name and affiliation. DOT is
committed to providing equal access to this meeting for all
participants. If you need alternative formats or services because of a
disability, such as sign language, interpretation, or other ancillary
aids, please contact the person listed in the FOR FURTHER INFORMATION
CONTACT section no later than September 2, 2020.
    There will be 5 minutes allotted for oral comments from members of
the public joining the meeting. To accommodate as many speakers as
possible, the time for each commenter may be limited. Individuals
wishing to reserve speaking time during the meeting must submit a
request at the time of registration, as well as the name, address, and
organizational affiliation of the proposed speaker. If the number of
registrants requesting to make statements is greater than can be
reasonably accommodated during the meeting, PHMSA may conduct a lottery
to determine the speakers. Speakers are requested to submit a written
copy of their prepared remarks for inclusion in the meeting records and
for circulation to Lithium Battery Safety Advisory Committee members.
All prepared remarks submitted on time will be accepted and considered
as part of the record. Any member of the public may present a written
statement to the committee at any time.
    Copies of the meeting minutes, and committee presentations will be
available on the Lithium Battery Safety Advisory Committee website.
Presentations will also be posted on the E-Gov website in Docket No.
PHMSA-2019-0098, within 30 days following the meeting.
    Written Comments: Persons who wish to submit written comments on
the meetings may submit them to Docket No. PHMSA-2019-0098 in the
following ways:
    1. E-Gov Website: This site allows the public to enter comments on
any Federal Register notice issued by any agency.
    2. Fax.
    3. Mail.
    4. Hand Delivery: Delivery accepted between 9:00 a.m. and 5:00
p.m., Monday through Friday, except on Federal holidays.
    Instructions: Identify the docket number [PHMSA-2019-0098] at the
beginning of your comments. Note that all comments received will be
posted without change to the https://www.regulations.gov website,
including any personal information provided. Anyone can search the
electronic form of all comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
Therefore, consider reviewing DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000, (65 FR 19477), or
view the Privacy Notice on the E-Gov website before submitting
comments.

    Docket: For docket access or to read background documents or
comments, go to the E-Gov website at any time or visit the DOT dockets
facility listed in the ADDRESSES category, between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on [PHMSA-2019-0098].'' The docket
clerk will date stamp the postcard prior to returning it to you via the
U.S. mail.

Privacy Act Statement

    DOT may solicit comments from the public regarding certain general
notices. DOT posts these comments, without edit, including any personal
information the commenter provides, to the E-Gov website, as described
in the system of records notice (DOT/ALL-14 FDMS).

    Signed in Washington, DC, on March 24, 2020.
William S. Schoonover,
Associate Administrator Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2020-06492 Filed 3-27-20; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register: July 10, 2006 (Volume 71, Number 131)]
[Notices]
[Page 38878-38879]
[DOCID:fr10jy06-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2006-0566; FRL-8193-3]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Assessment of EPA Partnership Programs, EPA ICR Number
2225.01, OMB Control No: New

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request for a new Information Collection Request (ICR) to the
Office of Management and Budget (OMB). Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before September 8, 2006.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2006-0566 by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: OEI Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket in the EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2006-
0566. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Jamie Burnett, Office of Policy,
Economics, and Innovation, Mail Code: 1807T, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OA-2006-0566, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the OEI Docket in

the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft

collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    (1) Explain your views as clearly as possible and provide specific
examples.
    (2) Describe any assumptions that you used.
    (3) Provide copies of any technical information and/or data you
used that support your views.
    (4) If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    (5) Offer alternative ways to improve the collection activity.
    (6) Make sure to submit your comments by the deadline identified
under DATES.
    (7) To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-OA-2006-0566.
    Affected entities: Entities potentially affected by this action are
participants

in all of EPA's Partnership Programs, including businesses,
governments, and members of the community.
    Title: Assessment of EPA Partnership Programs.
    ICR numbers: EPA ICR No. 2225.01, OMB Control No: New.
    ICR status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR Part 9.
    Abstract: The Environmental Protection Agency (EPA) is seeking
approval for a three-year generic clearance from the Office of
Management and Budget (OMB) to develop a generic ICR to collect data to
be used for performance measurement of EPA Partnership Programs. This
will be a voluntary collection of information to assess the activities
of EPA Partnership Programs. The proposed generic measurement ICR will
involve voluntary collections of information via surveys to assess the
results of EPA Partnership Programs. Performance measurement data
collected will detail awareness of associated environmental activities,
behavior change, and associated environmental results. EPA proposes to
use surveys and questionnaires to assess activities for program purpose
and design, strategic planning, program management, and program results
to determine if the goals of the program are being met.
    All assessments undertaken under this ICR will follow stringent
procedures to ensure that data are collected and used properly and
efficiently. This ICR will provide anecdotal data for the purpose of
informing EPA of the perceived effectiveness of partnership programs
and will also allow partnership programs to collect data on the
environmental results of partner activities due to participation. The
information collection is voluntary, and will be limited to non-
sensitive data concerning participation in partnership programs.
    To help fulfill the broad mandate of protecting human health and
the environment, EPA works with businesses, communities, State and
local governments, and other organizations to achieve environmental
goals through partnership programs. Partnership programs provide
organizations with the information and assistance necessary to achieve
and maintain various environmental goals.
    EPA believes that measuring the performance of partnership programs
is important to ensure that partnership programs are reaching the
intended audience, providing valuable resources, and achieving the
desired environmental results. Understanding this will allow EPA to
better design and manage these partnership programs to meet the needs
of the participants and to meet EPA's environmental goals. A generic
measurement ICR will significantly increase the ability of EPA
Partnership Programs to: Determine and evaluate the effectiveness of
these partnership programs as well as help the programs obtain data to
successfully complete PART reviews; increase the consistency of program
performance data as an alternative/adjunct to traditional regulatory
approaches for achieving environmental results; minimize approval
burden on OMB as submissions will be shorter and of higher quality via
the generic measurement ICR process; and reduce burden on potential
respondents by limiting the number of requests for information.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2.2
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 16,000.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1-
2.
    Estimated total annual burden hours: 11,556 hours.
    Estimated total annual costs: $769,702.
    There are no costs for capital investment or maintenance and
operation associated with this ICR.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 22, 2006.
David Widawsky,
Acting Director, Office of Environmental Policy Innovation, Office of
Policy, Economics and Innovation, Office of the Administrator.
[FR Doc. E6-10737 Filed 7-7-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53761-53764]
[FR Doc No: 2023-16964]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1653; Project Identifier AD-2023-00899-A;
Amendment 39-22519; AD 2023-15-07]
RIN 2120-AA64

Airworthiness Directives; Air Tractor, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Air Tractor, Inc. (Air Tractor) Model AT-802 and AT-802A airplanes that
have Wipaire Supplemental Type Certificate (STC) No. SA01795CH
installed. This AD was prompted by reports of cracks found in the
forward horizontal stabilizer spar where the vertical finlets tie to
the horizontal tail forward spar. This AD requires repetitively
inspecting both the left and right forward horizontal stabilizer spars
for cracks and replacing any forward horizontal stabilizer spar found
cracked. This AD also requires reporting inspection results to the FAA.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective August 9, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 9,
2023.
    The FAA must receive comments on this AD by September 25, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1653; 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 street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Wipaire, Inc., 1700 Henry Ave., Fleming Field (KSGS), South St.
Paul, MN 55075; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>website: wipaire.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-1653.

FOR FURTHER INFORMATION CONTACT: Tim Eichor, Aviation Safety Engineer,
Central Certification Branch, FAA, 1801 S Airport Road, Wichita, KS
67209; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1653, Project Identifier AD-
2023-00899-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Tim
Eichor, Aviation Safety Engineer, Central Certification Branch, FAA,
1801 South Airport Road, Wichita, KS 67209. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    During routine maintenance, an Air Tractor Model AT-802 airplane
was found with a hairline crack in the flange of the right forward
horizontal stabilizer spar. The airplane had STC No. SA01795CH
installed and is used in fire-fighting missions, which can propagate
crack growth more rapidly. Of the 144 Air Tractor Model AT-802 and AT-
802A airplanes that have this STC, 45 have been inspected, and 24 of
those inspected had cracks found in at least one forward horizontal
stabilizer spar. The cracking is in the forward horizontal stabilizer
spar bend radius located at the STC finlet mounting locations.
    This condition, if not addressed, could result in structural
failure of the horizontal tail with consequent loss of control of the
airplane. The FAA is issuing this AD to address the unsafe condition on
these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Wipaire, Inc. Service Letter 253, Revision B,
dated July 27, 2023, which specifies procedures for inspecting the left
and right forward horizontal stabilizer spars for cracks. 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.

AD Requirements

    This AD requires repetitively inspecting both the left and right
forward horizontal stabilizer spars for cracks and replacing any
forward horizontal stabilizer spar found cracked. This AD also requires
reporting inspection results to the FAA.

Interim Action

    The FAA considers this AD to be an interim action. The STC design
approval holder is working on a modification to the STC configurations
to address this issue. The FAA may consider future rulemaking on this
subject.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because cracks in the forward horizontal stabilizer spars could lead to
structural failure of the horizontal tail with consequent loss of
control of the airplane. Airplanes with the affected STC installed are
used in fire-fighting missions and put frequent high repetitive fatigue
loads in this area at a high utilization rate. Based on the number of
cracks found to date, a significant number of airplanes need to be
inspected within 3 to 15 days depending on the configuration. This
compliance time is shorter than the time necessary for the public to
comment and for publication of the final rule.

    Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 30 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                Labor cost      Parts cost      Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspect forward horizontal     20 work-hours x            $0  $1,700 per inspection     $51,000 per inspection
 stabilizer spars.              $85 per hour =                 cycle.                    cycle.
                                $1,700.
Report inspection results....  1 work-hour x               0  85 per inspection cycle.  2,550 per inspection
                                $85 per hour =                                           cycle.
                                $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of
airplanes that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace a cracked forward horizontal            40 work-hours x $85 per hour =            $1,325          $4,725
 stabilizer spar.                                $3,400.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-15-07 Air Tractor, Inc.: Amendment 39-22519; Docket No. FAA-
2023-1653; Project Identifier AD-2023-00899-A.

(a) Effective Date

    This airworthiness directive (AD) is effective August 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Air Tractor, Inc. Model AT-802 and AT-802A
airplanes, all serial numbers, certificated in any category, that

have Wipaire, Inc. Supplemental Type Certificate (STC) No. SA01795CH
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5510, Horizontal
Stabilizer Structure; 5511 Horizontal stabilizer, Spar/Rib; 5514,
Horizontal Stabilizer Miscellaneous Structure; 5530, Vertical
Stabilizer Structure.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found in at least one
forward horizontal stabilizer spar on 24 of the affected airplanes
where the vertical finlets tie to the forward horizontal stabilizer
spar. The FAA is issuing this AD to prevent structural failure of
the forward horizontal stabilizer spars. The unsafe condition, if
not addressed, could result in structural failure of the horizontal
tail with consequent loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) At the compliance times in paragraphs (g)(1)(i) through
(iii) of this AD, as applicable, and thereafter at intervals not to
exceed 200 hours time-in-service (TIS), inspect the left and right
forward horizontal stabilizer spars for cracks in accordance with
Steps 1 through 9 of the Work Instructions of Wipaire, Inc. Service
Letter 253, Revision B, dated July 27, 2023.
    (i) For STC configuration 7D1-4399-01: Within 3 days or 24 hours
TIS after the effective date of this AD or before the accumulation
of 200 hours TIS since installation of STC No. SA01795CH, whichever
occurs later.
    (ii) For STC configuration 7D1-4399-02: Within 5 days or 24
hours TIS after the effective date of this AD or before the
accumulation of 300 hours TIS since installation of STC No.
SA01795CH, whichever occurs later.
    (iii) For STC configuration 7D1-4399-03: Within 15 days or 24
hours TIS after the effective date of this AD or before the
accumulation of 600 hours TIS since installation of STC No.
SA01795CH, whichever occurs later.
    (2) If any crack is found in a forward horizontal stabilizer
spar during any inspection required by paragraph (g)(1) of this AD,
before further flight, replace the cracked forward horizontal
stabilizer spar. Replacement of the cracked forward horizontal
stabilizer spar starts the initial and repetitive inspections over.
    (3) Within 10 days after each inspection required by paragraph
(g)(1) of this AD or within 10 days after the effective date of this
AD, whichever occur later, report the following to the FAA at the
address in paragraph (j)(1) of this AD. Report this information
regardless of whether cracks are found.
    (i) Model, engine configuration (with horsepower limits), and
propeller type;
    (ii) Serial number and N number;
    (iii) Total hours TIS on airframe;
    (iv) Total hours TIS operated with floats, if known;
    (v) STC configuration and total hours with STC installed;
    (vi) Crack location (right or left, upper/lower caps inboard/
outboard hole);
    (vii) Crack size;
    (viii) Photos of cracks found, if available; and
    (ix) Any additional operator/mechanic comments

(h) Credit for Previous Actions

    You may take credit for the initial inspection required by
paragraph (g)(1) of this AD if, before the effective date of this
AD, you complied with Wipaire, Inc. Service Letter 253, Revision A,
dated April 5, 2023.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Central Certification 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the Certification Branch, send it to the
attention of the person identified in paragraph (j)(1) 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

    (1) For more information about this AD, contact Tim Eichor,
Aviation Safety Engineer, Central Certification Branch, FAA, 1801 S
Airport Road, Wichita, KS 67209; phone:<PHONE_NUMBER>; email:
[email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(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) Wipaire, Inc. Service Letter 253, Revision B, dated July 27,
2023.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Wipaire, Inc., 1700 Henry Ave, Fleming Field (KSGS), South St. Paul,
MN 55075; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website: wipaire.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. 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: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 28, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-16964 Filed 8-7-23; 11:15 am]
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[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13172-13173]
[FR Doc No: 2021-04211]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1072; Airspace Docket No. 20-ACE-23]
RIN 2120-AA66

Establishment of Class E airspace; Leoti, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Mark Hoard Memorial Airport, Leoti, KS.
The airspace contains the new instrument approach and departure
procedures that were developed for the airport.

DATES: Effective 0901 UTC, June 17, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting

Points, and subsequent amendments can be viewed online at https://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 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

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
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 establishes Class E airspace at Mark Hoard Memorial Airport,
Leoti, KS, to ensure the safety and management of Instrument Flight
Rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 81167, December 15, 2020) for Docket No. FAA-2020-1072
to establish Class E airspace for Mark Hoard Memorial Airport, Leoti,
KS. Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace
extending upward from 700 feet above the surface at the Mark Hoard
Memorial Airport, Leoti, KS. The airspace is designed to contain IFR
arrivals descending below 1,500 feet above the surface, and IFR
departures to 1,200 feet above the surface. The airspace contains the
new instrument approach and departure procedures that were developed
for the airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (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); 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 rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 14 CFR 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE KS E5 Leoti, KS [New]

Mark Hoard Memorial Airport, KS
    (Lat. 38[deg]27'27'' N, long. 101[deg]21'03'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Mark Hoard Memorial Airport.

    Issued in Seattle, Washington, on February 24, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-04211 Filed 3-5-21; 8:45 am]
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