[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35285-35287]
[FR Doc No: 2019-15630]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1081; Product Identifier 2018-NE-39-AD; Amendment
39-19676; AD 2019-13-03]
RIN 2120-AA64

Airworthiness Directives; Trig Avionics Limited Transponders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Trig Avionics Limited TT31, Avidyne Corporation AXP340, and
BendixKing/Honeywell International KT74 Mode S transponders. This AD
was prompted by the discovery that the retaining cam that engages in
the mounting tray may not withstand g-forces experienced during an
emergency landing. This AD requires one-time inspection of the
transponder installation and, depending on the findings, removal of the
affected transponder for modification. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective August 27, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 27,
2019.

ADDRESSES: For service information identified in this final rule,
contact Trig Avionics Limited, Heriot Watt Research Park, Riccarton,
Edinburgh EH14 4AP, United Kingdom; phone: +44<PHONE_NUMBER>; fax: +44
131 449 8811; email: avionics.com">[email protected]avionics.com; internet: https://trig-
avionics.com. You may view this service information at the FAA, Engine
and Propeller Standards Branch, 1200 District Avenue, Burlington, MA,
01803. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1081.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1081; 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, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, 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: Min Zhang, Aerospace Engineer, Boston
ACO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone:
781-238-7161; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Trig Avionics
Limited TT31, Avidyne Corporation AXP340, and BendixKing/Honeywell
International KT74 Mode S transponders. The NPRM published in the
Federal Register on March 22, 2019 (84 FR 10735). The NPRM was prompted
by the discovery that the retaining cam that engages in the mounting
tray may not withstand g-forces experienced during an emergency
landing. The NPRM proposed to require one-time inspection of the
transponder installation to determine if it is a conventional aft-
facing installation, and depending on the findings, removal of the
affected transponder for modification. The FAA is issuing this AD to
address the unsafe condition on these products.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2018-0247, dated November 13, 2018 (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:

    While testing a new model of transponder, it was detected that
the retaining cam was not meeting the approved design criteria for
crash safety shock in the aft direction (20g sustained). This was
due to an uncontrolled deviation in the manufacturing process of the
retaining cam by the part manufacturer. The retaining cam is a small
nylon part that engages in the mounting tray when the transponder is
installed into the aircraft. Additional tests using affected
retaining cam showed that the transponders meet RTCA/DO-106G Section
7.0 operational shocks and crash safety impulse tests, as well as
RTCA/DO-160G Section 7.0 crash safety sustained tests for all
directions, except the aft direction. As a consequence, units which
have been installed with a control panel orientation that is not
opposite to the direction of flight may not withstand g-forces
experienced during an emergency landing. This condition, if not
detected and corrected, could lead to detachment of the transponder,
possibly resulting in damage to fuel systems or emergency evacuation
equipment, and/or injury to aircraft occupants.
    To address this potential unsafe condition, Trig Avionics
published the applicable SB to provide instructions to inspect the
installation and the transponder, and how to arrange for
modification.
    For the reason described above, this [EASA] AD requires a one-
time inspection of the transponder installation to determine whether
this is a conventional installation, as defined in this [EASA] AD,
and, depending on findings, removal from service of the affected
transponder for modification.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2018-1081.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Clarify Compliance

    An individual commenter commented that paragraph (g)(1) of the NPRM
does not state clearly that no further action is required if the
transponder is installed in a conventional rear facing installation.
    The FAA agrees. The FAA added a new paragraph (g)(2) to this AD to
indicate that no further action is required if the transponder is
installed

in a conventional aft-facing avionics rack. Because of this change,
paragraph (g)(2) in the NPRM becomes paragraph (g)(3) and paragraph
(g)(3) in the NPRM becomes paragraph (g)(4) in this AD.

Support for the AD

    An individual commenter supported the AD because it is cost-
effective and the manufacturer may cover some of the costs under
warranty.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA has also determined that these changes will not increase
the economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Trig Avionics Limited Service Bulletin (SB) SUP/
TT31/027, Issue 1.0, dated October 1, 2018; Trig Avionics Limited SB
SUP/AXP340/002, Issue 1.0, dated October 1, 2018; and Trig Avionics
Limited SB SUP/KT74/005, Issue 1.0, dated October 1, 2018.
    Trig Avionics Limited SB SUP/TT31/027, Issue 1.0, dated October 1,
2018, describes procedures for determining the direction of the Trig
Avionics Limited TT31 Mode S transponder installation and removal of
these affected transponders for replacement or repair. Trig Avionics
Limited SB SUP/AXP340/002, Issue 1.0, dated October 1, 2018, describes
procedures for determining the direction of the Avidyne Corporation
AXP340 Mode S transponder installation and removal of these affected
transponders for replacement or repair. Trig Avionics Limited SB SUP/
KT74/005, Issue 1.0, dated October 1, 2018, describes procedures for
determining the direction of the BendixKing/Honeywell International
KT74 Mode S transponder installation and removal of these affected
transponders for replacement or repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 2,390 transponders installed
on 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
----------------------------------------------------------------------------------------------------------------
Inspect the transponder installation  0.5 work-hours x $85                 $0           $42.50         $101,575
                                       per hour = $42.50.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs
that are required based on the results of the inspection. The FAA has
no way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the transponder......................  1 work-hour x $85 per hour =             $2,872           $2,957
                                                $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

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 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-13-03 Trig Avionics Limited: Amendment 39-19676; Docket No.
FAA-2018-1081; Product Identifier 2018-NE-39-AD.

(a) Effective Date

    This AD is effective August 27, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to:
    (1) Trig Avionics Limited TT31 Mode S transponders, part number
(P/N) 00220-00-01 and P/N 00225-00-01, with a serial number (S/N)
from 05767 to S/N 09715 inclusive, and Modification (Mod) Level 6 or
below, installed.
    (2) Avidyne Corporation AXP340 Mode S transponders, P/N 200-
00247-0000, also marked with Trig Avionics P/N 01155-00-01, with a
S/N from 00801 to S/N 01377 inclusive, and Mod Level 0, installed.
    (3) BendixKing/Honeywell International KT74 Mode S transponders,
P/N 89000007-002001, also marked with Trig Avionics P/N 01157-00-01,
with a S/N from 01143 to S/N 02955 inclusive, and Mod Level 0,
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3452, ATC
transponder system.

(e) Unsafe Condition

    This AD was prompted by the discovery that the retaining cam
that engages in the mounting tray may not withstand g-forces
experienced during an emergency landing. The FAA is issuing this AD
to prevent the transponder from detaching from the avionics rack.
The unsafe condition, if not addressed, could result in damage to
the fuel system or emergency evacuation equipment, or injury to
aircraft occupants.

(f) Compliance

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

(g) Required Actions

    (1) Within 90 days after the effective date of this AD, inspect
the transponder installation to determine if the transponder is
installed in a conventional aft-facing avionics rack.
    (2) If the transponder is installed in a conventional aft-facing
avionics rack, no further action is required.
    (3) If the transponder is not installed in a conventional aft-
facing avionics rack, remove the transponder before further flight.
    (4) Use the Accomplishment Instructions, paragraphs 4-8, to
determine if the part is eligible for repair and re-installation,
for the appropriate transponder, per Trig Avionics Limited Service
Bulletin (SB) SUP/TT31/027, Issue 1.0, dated October 1, 2018; Trig
Avionics Limited SB SUP/AXP340/002, Issue 1.0, dated October 1,
2018; or Trig Avionics Limited SB SUP/KT74/005, Issue 1.0, dated
October 1, 2018.

(h) Installation Prohibition

    After the effective date of this AD, do not install an affected
transponder on any aircraft, unless the transponder is installed in
a conventional aft-facing avionics rack as defined in this AD.

(i) No Reporting Requirement

    No reporting requirement contained within the SBs referenced in
paragraph (g)(4) of this AD is required by this AD.

(j) Definition

    For the purpose of this AD, a conventional aft-facing avionics
rack is defined as an installation with the control panel oriented
in opposition to the direction of flight (aft facing).

(k) Alternative Methods of Compliance (AMOCs)

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

(l) Related Information

    (1) For more information about this AD, contact Min Zhang,
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue,
Burlington, MA, 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2018-0247, dated November 13, 2018, for more information. You may
examine the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2018-1081.

(m) 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) Trig Avionics Limited Service Bulletin (SB) SUP/TT31/027,
Issue 1.0, dated October 1, 2018.
    (ii) Trig Avionics Limited SB SUP/AXP340/002, Issue 1.0, dated
October 1, 2018.
    (iii) Trig Avionics Limited SB SUP/KT74/005, Issue 1.0, dated
October 1, 2018.
    (3) For Trig Avionics Limited service information identified in
this AD, contact Trig Avionics Limited, Heriot Watt Research Park,
Riccarton, Edinburgh EH14 4AP, United Kingdom; phone: +44 131 449
8810; fax: +44<PHONE_NUMBER>; email: avionics.com">[email protected]avionics.com;
internet: https://trig-avionics.com.
    (4) You may view this service information at FAA, Engine &
Propeller Standards Branch, 1200 District Avenue, Burlington, MA,
01803. 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on July 16, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2019-15630 Filed 7-22-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61261-61263]
[FR Doc No: 2011-25547]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0838]
RIN 1625-AA00

Safety Zone; IJSBA World Finals; Lower Colorado River, Lake
Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Lake Havasu on the lower Colorado River in support
of the International Jet Sports Boating Association (IJSBA) World
Finals. This temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, participating vessels,
and other vessels and users of the waterway. Persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this temporary safety zone unless authorized by the Captain of the Port
or his designated representative.

DATES: This rule is effective from 6 a.m. on October 1, 2011 through 7
p.m. on October 9, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0838 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0838 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7267, e-mail

<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because prior notice was impracticable. The
logistical details of the marine event were not finalized or presented
to the Coast Guard in enough time to draft and publish an NPRM. As
such, the event will occur before the rulemaking process could be
completed.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest because immediate action is needed
to ensure public safety.

Basis and Purpose

    The International Jet Sports Boating Association is sponsoring the
IJSBA World Finals. The event will consist of 300 to 750 personal
watercrafts racing in a circular course. The race will be broken down
into heats of one to twenty. The sponsor will provide five course
marshal and rescue vessels, as well as four perimeter safety boats for
the duration of this event. This temporary safety zone is necessary to
provide for the safety of the participants, crew, spectators,
participating vessels, and other vessels and users of the waterway.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will
be enforced from 6 a.m. through 7 p.m. on October 1, 2011 through
October 9, 2011.
    The limits of the safety zone will be as follows:

34[deg]28.49' N, 114[deg]21.33' W;
34[deg]28.55' N, 114[deg]21.56' W;
34[deg]28.43' N, 114[deg]21.81' W;
34[deg]28.32' N, 114[deg]21.71' W; along the shoreline to
34[deg]28.49' N, 114[deg]21.33' W.
    This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port or his
designated representative.

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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    This determination is based on the size and location of the safety
zone. Commercial vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified times.

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 will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the lower Colorado River at Lake
Havasu from October 1, 2011 through October 9, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the safety zone. Before the activation
of the zone, the Coast Guard would publish a local notice to mariners
(LNM).

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 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 cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T11-438 to read as follows:

Sec.  165.T11-438  IJSBA World Finals; Lower Colorado River, Lake
Havasu, AZ

    (a) Location. The limits of the safety zone will be as follows:

34[deg]28.49' N, 114[deg]21.33' W;
34[deg]28.55' N, 114[deg]21.56' W;
34[deg]28.43' N, 114[deg]21.81' W;
34[deg]28.32' N, 114[deg]21.71' W; along the shoreline to
34[deg]28.49' N, 114[deg]21.33' W.
    (b) Enforcement Period. This section will be enforced from 6 a.m.
through 7 p.m. on October 1, 2011 through October 9, 2011. If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: September 17, 2011.
P.J. Hill,
Captain, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2011-25547 Filed 9-29-11; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12551-12552]
[FR Doc No: 2020-04264]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0049; FRL-10005-55]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before April 2, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>or, Robert McNally, Biopesticides and Pollution
Prevention Division (7511P), main telephone number:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (http://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions).

A. Notice of Receipt--New Active Ingredients

    1. EPA Registration Number: 100-1467,100-1462, 100-1463 and 100-
1465. Docket ID number: EPA-HQ-OPP-2019-0542. Applicant: Syngenta Crop
Protection, LLC, P. O. Box 18300, Greensboro, NC 27419. Product name:
Bicyclopyrone technical, bicyclopyrone wet paste manufacturing use
product, bicyclopyrone wet paste II manufacturing use product and SYN-A
16003 Herbicide. Active ingredient: Bicyclopyrone at 99.3% (Technical
Herbicide), 94% (Manufacturing Use Product), 89.6% (II Manufacturing
Use Product) and 18.5% (A 16003 Herbicide). Proposed use: Lemongrass,
dried; lemongrass, fresh; rosemary, dried; rosemary, fresh; wormwood,
dried and wormwood, fresh. Contact: RD.
    2. EPA Registration Number: 71711-43 and 71711-44. Docket ID
number: EPA-HQ-OPP-2019-0580. Applicant: Nichino America, Inc, 4550
Linden Hill Road, Suite 501, Wilmington, Delaware 19808 Product name:
Orthosulfamuron technical and strada herbicide. Active ingredient:
Orthosulfamuron at 99% (technical herbicide) and 50% (strada
herbicide). Proposed use: Almond, hulls; small fruit vine climbing
subgroup, except fuzzy kiwifruits (crop subgroup 13-07F) and tree nuts
(crop group 14-12). Contact: RD.
    3. EPA Registration Number: 71711-AU and 71711-AG. Docket ID
number: EPA-HQ-OPP-2020-0004. Applicant: Nichino America, Inc., 4550
Linden Hill Road, Suite 501, Wilmington, DE 19808. Product name:
Pyraclonil technical and pyraclonil 1.8% granule herbicide. Active
ingredient: Herbicide--pyraclonil at 98.2% (pyraclonil technical) and
1.8% (pyraclonil 1.8% granule herbicide). Proposed use: Rice. Contact:
FHB.
    4. File Symbol: 73049-LRE. Docket ID number: EPA-HQ-OPP-2019-0347.
Applicant: Valent BioSciences LLC, 870 Technology Way, Libertyville, IL
60048. Product name: Aviglycine technical concentrate. Active
ingredient: Plant growth regulator--aminoethoxyvinylglycine at 22.0%.
Proposed use: For formulation into plant growth regulator end-use
products for use on apple and pear. Contact: BPPD.
    5. File Symbol: 73049-LRG. Docket ID number: EPA-HQ-OPP-2019-0347.

Applicant: Valent BioSciences LLC, 870 Technology Way, Libertyville, IL
60048. Product name: ReTain OL plant growth regulator liquid
concentrate. Active ingredient: Plant growth regulator--
aminoethoxyvinylglycine at 12.6%. Proposed use: For use as a plant
growth regulator applied via foliar application to apple and pear.
Contact: BPPD.

(Authority: 7 U.S.C. 136 et seq.)

    Dated: February 19, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-04264 Filed 3-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52670-52671]
[FR Doc No: 2016-18827]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-18-000]

City of Farmington, NM; Notice of Preliminary Determination of a
Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On July 28, 2016, the City of Farmington, NM 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 Animas Hydroelectric Project would have an installed capacity
of 250 kilowatts (kW) and would be located at the end of Willet Ditch,
the last 75 feet of which varies in depth from 5.6 feet to 10 feet. The
Willet Ditch is used for municipal water supply and irrigation. The
project would be located near the City of Farmington in San Juan
County, New Mexico.
    Applicant Contact: Britt Chesnut, City of Farmington Electric
Utility, 501 McCormick School Rd., Farmington, NM 87401, Phone No.
(505) 599-8342.
    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 6-inch diameter pipe,
(2) a proposed 250-kW turbine located at the end of Willet Ditch where
it discharges into the Animas River, and (3) appurtenant facilities.
The proposed project would have an estimated annual generating capacity
of 1,080 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
------------------------------------------------------------------------
      Statutory provision              Description       Satisfies (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by   The conduit is a                     Y
 HREA.                            tunnel, canal,
                                  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   The facility is                      Y
 by HREA.                         constructed,
                                  operated, or
                                  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  The facility has an                  Y
 by HREA.                         installed capacity
                                  that does not exceed
                                  5 megawatts.
FPA 30(a)(3)(C)(iii), as         On or before August 9,               Y
 amended by HREA.                 2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria,
Commission staff has preliminarily determined that the proposal
satisfies the requirements for a qualifying conduit hydropower facility
under 16 U.S.C. 823a, and is exempted from the licensing requirements
of the FPA.
    Comments and Motions to Intervene: The deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    The 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.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2015).
---------------------------------------------------------------------------

    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., CD16-18-000) 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: August 3, 2016.
Kimberly Bose,
Secretary.
[FR Doc. 2016-18827 Filed 8-8-16; 8:45 am]
 BILLING CODE 6717-01-P