[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Rules and Regulations]
[Pages 43508-43510]
[FR Doc No: 2019-17795]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0239; FRL-9998-50-Region 5]

Air Plan Approval; Ohio; Redesignation of the Columbus, Ohio Area
to Attainment of the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) finds that the
Columbus, Ohio area is attaining the 2015 ozone National Ambient Air
Quality Standard (NAAQS or standard) and is acting in accordance with a
request from the Ohio Environmental Protection Agency (Ohio EPA) to
redesignate the area to attainment for the 2015 ozone NAAQS because the
request meets the statutory requirements for redesignation under the
Clean Air Act (CAA). The Columbus area includes Delaware, Fairfield,
Franklin, and Licking Counties. Ohio EPA submitted this request on
April 23, 2019. EPA is also approving, as a revision to the Ohio State
Implementation Plan (SIP), the State's plan for maintaining the 2015
ozone NAAQS through 2030 in the Columbus area. Finally, EPA finds
adequate and is approving Ohio's 2023 and 2030 volatile organic
compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle
Emission Budgets (MVEBs) for the Columbus area.

DATES: This final rule is effective August 21, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0239. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information 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 through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes action on the April 23, 2019, submission from Ohio
EPA requesting redesignation of the Columbus area to attainment for the
2015 ozone standard. The background for this action is discussed in
detail in EPA's proposal, dated July 3, 2019 (84 FR 31814). In that
rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the
2015 ozone NAAQS is attained in an area when the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
is equal to or less than 0.070 parts per million, when truncated after
the third decimal place, at all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix U of part 50.) Under the CAA, EPA
may redesignate nonattainment areas to attainment if sufficient
complete, quality-assured data are available to determine that the area
has attained the standard and if it meets the other CAA redesignation
requirements in section 107(d)(3)(E). The proposed rule provides a
detailed discussion of how Ohio has met these CAA requirements.
    As discussed in the proposed rule, quality-assured and certified
monitoring data for 2016-2018 and preliminary data for 2019 show that
the Columbus area has attained and continues to attain the 2015 ozone
standard. In the maintenance plan submitted for the area, Ohio has
demonstrated that the ozone standard will be maintained in the area
through 2030. Finally, Ohio has adopted 2023 and 2030 VOC and
NOX MVEBs for the Columbus area that are supported by Ohio's
maintenance demonstration.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the July 3,
2019, proposed rule. The comment period ended on August 2, 2019. We
received one comment in support of EPA's proposed action. We received
no adverse comments on the proposed rule.

III. What action is EPA taking?

    EPA is determining that the Columbus nonattainment area is
attaining the 2015 ozone standard, based on quality-assured and
certified monitoring data for 2016-2018 and that the area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus changing the legal designation of the Columbus area from
nonattainment to attainment for the 2015 ozone standard. EPA is also
approving, as a revision to the Ohio SIP, the State's maintenance plan
for the area. The maintenance plan is designed to keep the Columbus
area in attainment of the 2015 ozone NAAQS through 2030. Finally, EPA
finds adequate and is approving the newly-established 2023 and 2030
MVEBs for the Columbus area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for these actions to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule relieves the State of
planning requirements for this ozone nonattainment area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these
actions to become effective on the date of publication of these
actions.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
    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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 21, 2019. 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: August 8, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
    Title 40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1870, the table in paragraph (e) is amended under
``Summary of Criteria Pollutant Maintenance Plan'' by adding a new
entry for ``Ozone (8-Hour, 2015)'' before the entry for ``PM-10'' to
read as follows:

Sec.  52.1870   Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
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                                      Applicable
             Title               geographical or non-     State date       EPA approval           Comments
                                    attainment area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Ozone (8-Hour, 2015)..........  Columbus (Delaware,          4/23/2019  8/21/2019,
                                 Fairfield, Franklin,                    [insert Federal
                                 and Licking Counties.                   Register
                                                                         citation].

                                                  * * * * * * *
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.336 is amended by revising the entry for Columbus, OH in
the table entitled ``Ohio-2015 8-Hour Ozone NAAQS [Primary and
Secondary]'' to read as follows:

Sec.  81.336   Ohio.

* * * * *

                                          Ohio--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation                           Classification
       Designated area \1\        ------------------------------------------------------------------------------
                                      Date \2\             Type               Date \2\               Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Columbus, OH:....................       8/21/2019  Attainment.........
    Delaware County
    Fairfield County
    Franklin County
    Licking County

                                                  * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

* * * * *
[FR Doc. 2019-17795 Filed 8-20-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Proposed Rules]
[Pages 74376-74379]
[FR Doc No: 2023-23989]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2138; Project Identifier MCAI-2023-00870-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A318, A319, A320, and A321 airplanes. This
proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by December
15, 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-2023-2138; 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 NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-2138.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2138; Project Identifier
MCAI-2023-00870-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0138, dated July 13, 2023 (also
referred to as the MCAI), to correct an unsafe condition for all Airbus
SAS Model A318-111, A318-112, A318-121, A318-122, A319-111, A319-112,
A319-113, A319-114, A319-115, A319-131, A319-132, A319-133, A319-151N,
A319-153N, A319-171N, A320-211, A320-212, A320-214, A320-215, A320-216,
A320-231, A320-232, A320-233, A320-251N, A320-252N, A320-253N, A320-
271N, A320-272N, A320-273N, A321-111, A321-112, A321-131, A321-211,
A321-212, A321-213, A321-231, A321-232, A321-251N, A321-251NX, A321-
252N, A321-252NX, A321-253N, A321-253NX, A321-271N, A321-271NX, A321-
272N and A321-272NX airplanes. Model A320-215 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those airplanes in the applicability. Airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued after May 12, 2023 must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability. The
MCAI states that new airworthiness limitations have been developed.
    EASA AD 2023-0138 specifies that it requires tasks (limitations)
related to the lower deck cargo compartment (LDCC) fire protection
system (FPS) already in Airbus A318/A319/A320/A321 ALS Part 3
Certification Maintenance Requirements (CMR), Revision 08, that is
required by EASA AD 2022-0091 dated May 20, 2022 (which corresponds to
FAA AD 2023-04-06, Amendment 39-22353 (88 FR 13665, March 6, 2023) (AD
2023-04-06)), and that incorporation of EASA AD 2023-0138 invalidates
(terminates) prior instructions for those tasks. This proposed AD
therefore would terminate the limitations for task numbers: 262300-
00001-2-C,<PHONE_NUMBER>1-3-C,<PHONE_NUMBER>2-2-C,<PHONE_NUMBER>4-2-C,
262300-00005-2-C,<PHONE_NUMBER>6-2-C,<PHONE_NUMBER>7-2-C, and<PHONE_NUMBER>8-
1-C, as required by paragraph (o) of AD 2023-04-06. The EASA AD 2023-
0138 also requires new tasks related to the air stop valve and cargo
compartment fire extinguisher, respectively.
    The FAA is proposing this AD to address safety-significant latent
failures (that are not annunciated), which, in combination with one or
more other specific failures or events, could result in a hazardous or
catastrophic failure condition. You may examine the MCAI in the AD
docket at regulations.gov under Docket No. FAA-2023-2138.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0138, which specifies new or more
restrictive airworthiness limitations. 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2023-0138 described previously, as incorporated by reference. Any
differences with EASA AD 2023-0138 are identified as exceptions in the
regulatory text of this proposed AD.

    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0138 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0138 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2023-0138 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0138. Service information required by EASA AD 2023-0138 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2023-2138 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOC paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,680 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

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

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2023-2138; Project Identifier MCAI-2023-
00870-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 15, 2023.

(b) Affected ADs

    This AD affects AD 2023-04-06, Amendment 39-22353 (88 FR 13665,
March 6, 2023) (AD 2023-04-06)

(c) Applicability

    This AD applies to Airbus SAS airplanes, identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before May 12,
2023.

    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address safety-significant latent failures (that
are not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0138, dated July 13, 2023 (EASA AD 2023-0138).

(h) Exceptions to EASA AD 2023-0138

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0138.
    (2) Paragraph (3) of EASA AD 2023-0138 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2023-0138 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0138, or within 90 days after the effective date of
this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in
paragraphs (4) of EASA AD 2023-0138.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0138.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0138.

(j) Terminating Action for Certain Tasks Required by AD 2023-04-06

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2023-04-06 for the tasks identified
in the service information referenced in EASA AD 2023-0138 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (l) of this AD. Information may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0138,
dated July 13, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0138, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 26, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-23989 Filed 10-30-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Rules and Regulations]
[Pages 43987-43989]
[FR Doc No: 2020-15606]

========================================================================
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.

========================================================================

Federal Register / Vol. 85, No. 140 / Tuesday, July 21, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1113; Project Identifier MCAI-2019-00117-E;
Amendment 39-21161; AD 2020-14-07]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Austro Engine GmbH model E4 and E4P diesel piston engines. This AD was
prompted by reports of considerable wear of the timing chain and
failure of fuel injectors on these engines. This AD requires
replacement of the timing chain and fuel injectors on the affected
Austro Engine GmbH model E4 and E4P diesel piston engines. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 25, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 25,
2020.

ADDRESSES: For service information identified in this final rule,
contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner
Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622 23000-2711;
website: www.austroengine.at. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety 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 https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-1113.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1113; 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), 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: Mehdi Lamnyi, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7743; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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 all Austro Engine GmbH
model E4 and E4P diesel piston engines. The NPRM published in the
Federal Register on March 20, 2020 (85 FR 16014). The NPRM was prompted
by reports of considerable wear of the timing chain and failure of fuel
injectors on these engines. The NPRM proposed to require replacement of
the timing chain and fuel injectors on the affected Austro Engine GmbH
model E4 and E4P diesel piston engines. 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 2019-0041, dated February 25, 2019 (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:
    The airworthiness limitations and maintenance tasks for the Austro
Engine E4 and E4P engines, which are approved by EASA, are currently
defined and published in the Austro Engine MM, Chapter 04. These
instructions have been identified as mandatory for continued
airworthiness.
    Failure to accomplish these instructions could result in an unsafe
condition.
    Austro Engine recently revised the ALS, introducing life limit for
the engine timing chain and for the fuel injectors. For the reason
described above, this [EASA] AD requires accomplishment of the actions
specified in the ALS.
    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-1113.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Austro Engine Mandatory Service Bulletin (MSB) No.
MSB-E4-025, Rev. No. 3, dated January 8, 2019. The MSB describes
procedures for replacing the fuel injectors. 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.

Other Related Service Information

    The FAA reviewed Austro Engine Maintenance Manual (MM) Temporary
Revision (TR) MM-TR-MDC-E4-454, dated October 3, 2018. The MM TR
updates the time limits for the fuel injectors and timing chain and
describes procedures for updating the Airworthiness Limitation Section
in the existing approved MM.

Costs of Compliance

    The FAA estimates that this AD affects 263 engines 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
----------------------------------------------------------------------------------------------------------------
Replace the timing chain..............  2.5 work-hours x $85 per          $2,980       $3,192.50     $839,627.50
                                         hour = $212.50.
Replace the fuel injectors............  2.5 work-hours x $85 per           2,590        2,802.50      737,057.50
                                         hour = $212.50.
----------------------------------------------------------------------------------------------------------------

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 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):

2020-14-07 Austro Engine GmbH: Amendment 39-21161; Docket No. FAA-
2019-1113; Project Identifier MCAI-2019-00117-E.

(a) Effective Date

    This AD is effective August 25, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Austro Engine GmbH Model E4 and E4P diesel
piston engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7322, Fuel Control/
Reciprocating Engines and Code 8520, Reciprocating Engine Power
Section.

(e) Unsafe Condition

    This AD was prompted by reports of considerable wear of the
timing chain and failure of fuel injectors on the affected engines.
The FAA is issuing this AD to prevent failure of the timing chain
and fuel injectors. The unsafe condition, if not addressed, could
result in loss of engine thrust control and reduced control of the
airplane.

(f) Compliance

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

(g) Required Actions

    (1) For engines that have had a windmill restart before the
effective date of this AD or for engines with a timing chain in
which it cannot be determined if the engine has experienced any
windmilling, after the effective date of this AD, remove the timing
chain and replace with a part eligible for installation as follows,
whichever occurs later:
    (i) Before the timing chain exceeds 900 flight hours (FHs) since
new, or;
    (ii) Within 100 FHs after the windmilling restart, or;
    (iii) Before further flight.
    (2) For engines that have a windmill restart after the effective
date of this AD, remove the timing chain before it exceeds 900 FHs
since new or within 100 FHs after the windmilling restart, whichever
occurs later, and replace with a part eligible for installation.
    (3) Remove the fuel injectors and replace with parts eligible
for installation before they exceed 900 FHs since new or before
further flight after the effective date of this AD, whichever occurs
later.
    (i) Use Accomplishment/Instructions, paragraph 2.1, of Austro
Engine Mandatory Service Bulletin (MSB) No. MSB-E4-025, Rev. No. 3,
dated January 8, 2019, to perform the required actions in paragraph
(g)(3) of this AD.
    (ii) [Reserved]
    (4) Thereafter, repeat the replacement of the fuel injectors
required by paragraph (g)(3) of this AD at intervals not exceeding
900 FHs since new.

(h) Exception to Paragraph (g)(3)(i)

    The tagging and returning of the removed fuel injectors to the
manufacturer, referenced in the Accomplishment/Instructions,
paragraph 2.1, of Austro Engine MSB No. MSB-E4-025, Rev. No. 3,
dated January 8, 2019, are not required by this AD.

(i) Credit for Previous Actions

    You may take credit for the replacement of the timing chain that
is required by paragraph (g)(1) of this AD if you performed this
replacement before the effective date of this AD using Austro Engine
MSB No. MSB-E4-017/2, Revision 2, dated December 2, 2016.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
ECO Branch, send it to the attention of the person identified in
paragraph (k)(1) of this AD. You may email your request to<EMAIL_ADDRESS>    (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.

(k) Related Information

    (1) For more information about this AD, contact Mehdi Lamnyi,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA, 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2019-0041, dated February 25, 2019, for more information. You

may examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-1113.

(l) 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) Austro Engine Mandatory Service Bulletin No. MSB-E4-025,
Rev. No. 3, dated January 8, 2019.
    (ii) [Reserved]
    (3) For Austro Engine GmbH service information identified in
this AD, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-
2700 Weiner Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622
23000-2711; website: www.austroengine.at.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety 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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15606 Filed 7-20-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2367-2368]
[FR Doc No: 2011-534]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-486-000]

Colorado Interstate Gas Company; Notice of Availability of the
Environmental Assessment for the Proposed Spruce Hill Air Blending
Project

January 5, 2011.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Spruce Hill Air Blending Project proposed by Colorado Interstate Gas
Company (CIG) in the above-referenced docket. CIG requests
authorization to construct, operate, and maintain a new air blending
compressor station in Douglas County, Colorado. This facility would
allow CIG to meet the gas quality specifications for its existing Line
No. 9A system.
    The EA assesses the potential environmental effects of the
construction and operation of the Spruce Hill Air Blending Project in
accordance with the requirements of the National Environmental Policy
Act of 1969. The FERC staff concludes that approval of the proposed
project, with appropriate mitigating measures, would not constitute a
major Federal action significantly affecting the quality of the human
environment.
    The proposed Spruce Hill Air Blending Project includes the
following facilities:
     An air blending station comprised of three air compressors
ranging from 215 to 500 horsepower;
     A back-pressure regulator;
     Air blending controls and instrumentation;
     A gas heater;
     Auxiliary facilities and piping;
     Modifications to the existing Spruce Hill Meter Station;
and
     A FERC non-jurisdictional electric utility connection.
    The EA has been placed in the public files of the FERC and is
available for public viewing on the FERC's Web site at http://www.ferc.gov using the eLibrary link. A limited number of copies of the
EA are available for distribution and public inspection at: Federal
Energy Regulatory Commission, Public Reference Room, 888 First Street,
NE., Room 2A, Washington, DC 20426.<PHONE_NUMBER>.
    Copies of the EA have been mailed to Federal, State, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that your comments are properly recorded and considered prior to
a Commission decision on the proposal, it is important that the FERC
receives your comments in Washington, DC on or before February 4, 2011.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (CP10-486-000) with your submission. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. An eComment is an
easy method for interested persons to submit brief, text-only comments
on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://

www.ferc.gov under the link to Documents and Filings. With eFiling, you
can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.
    Although your comments will be considered by the Commission, simply
filing comments will not serve to make the commenter a party to the
proceeding. Any person seeking to become a party to the proceeding must
file a motion to intervene pursuant to Rule 214 of the Commission's
Rules of Practice and Procedures (18 CFR 385.214).\1\ Only intervenors
have the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC Web site (http://www.ferc.gov) using the eLibrary link. Click on
the eLibrary link, click on ``General Search'' and enter the docket
number excluding the last three digits in the Docket Number field
(i.e., CP10-486). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-534 Filed 1-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Proposed Rules]
[Pages 33196-33198]
[FR Doc No: 2019-14769]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0530; Airspace Docket No. 19-ASO-14]
RIN 2120-AA66

Proposed Amendment of the Class E Airspace and Establishment of
Class E Airspace; Huntsville, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E surface airspace and
the Class E airspace extending upward from 700 feet above the surface
and establish a Class E airspace area designated as an extension to a
Class C surface area at Huntsville International-Carl T. Jones Field,
Huntsville, AL. The FAA is proposing this action as the result of the
decommissioning of the Decatur VHF omnidirectional range (VOR)
navigation aid, which provided navigation information for the
instrument procedures at this airport, as part of the VOR Minimum
Operational Network (MON) Program. The names of Huntsville
International-Carl T. Jones Field, Redstone AAF, Pryor Field Regional
Airport, and Huntsville Executive Tom Sharp Jr. Field and the
geographic coordinates of Huntsville International-Carl T. Jones Field,
Pryor Field Regional Airport, and Huntsville Executive Tom Sharp Jr.
Field would also be updated to coincide with the FAA's aeronautical
database. Airspace redesign is necessary for the safety and management
of instrument flight rules (IFR) operations at this airport.

DATES: Comments must be received on or before August 26, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0530; Airspace Docket No. 19-ASO-14, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 would amend the Class E surface airspace and the Class E airspace
extending upward from 700 feet above the surface and establish a Class
E airspace area designated as an extension to a Class C surface area at
Huntsville International-Carl T. Jones Field, Huntsville, AL, to
support IFR operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking

by submitting such written data, views, or arguments, as they may
desire. Comments that provide the factual basis supporting the views
and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0530/
Airspace Docket No. 19-ASO-14.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

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

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by:
    Amending the Class E surface airspace at Huntsville International-
Carl T. Jones Field, Huntsville, AL, by updating the city in the
airspace legal description to Huntsville, AL (previously Huntsville
International-Carl T. Jones Field, AL), to comply with a change to FAA
Order 7400.2M, Procedures for Handling Airspace Matters; updating the
geographic coordinates of the Huntsville International-Carl T. Jones
Field; updating the name of Huntsville International-Carl T. Jones
Field (previously Huntsville International-Carl T. Jones Field Airport)
and Redstone AAF (previously Redstone Army Air Field) to coincide with
the FAA's aeronautical database; and would replace the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    Establishing a Class E airspace area designated as an extension to
a Class C surface area at Huntsville International-Carl T. Jones Field
extending 1 mile each side of the 181[deg] bearing from the Huntsville
International-Carl T. Jones Field: RWY 36L-LOC extending from the 5-
mile radius of Huntsville International-Carl T. Jones Field to 6.3
miles south of the Huntsville International-Carl T. Jones Field: RWY
36L-LOC;
    And amending the Class E airspace extending upward from 700 feet
above the surface to within a 7.5-mile radius (reduced from an 8.2-mile
radius) of Huntsville International-Carl T. Jones Field; adding an
extension 3 miles each side of the 001[deg] bearing from Huntsville
International-Carl T. Jones Field extending from the 7.5-mile radius to
12.3 miles north of the Huntsville International-Carl T. Jones Field;
adding an extension 1.3 miles each side of the 181[deg] bearing from
the Huntsville International-Carl T. Jones Field: RWY 36L-LOC extending
from the 7.5-mile radius to 8.3 miles south of the Huntsville
International-Carl T. Jones Field: RWY 36L-LOC; updating the names of
Huntsville International-Carl T. Jones Field (previously Huntsville
International-Carl T. Jones Airport), Pryor Field Regional Airport
(previously Pryor Field), Decatur, AL, and Huntsville Executive Tom
Sharp Jr. Field (previously Huntsville Airport North), Huntsville, AL,
to coincide with the FAA's aeronautical database; and would update the
geographic coordinates of Huntsville International-Carl T. Jones Field,
Pryor Field Regional Airport, and Huntsville Executive Tom Sharp Jr.
Field to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Decatur VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6002,
6003, and 6005, respectively, of FAA Order 7400.11C, dated August 13,
2018, and effective September 15, 2018, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

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

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 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 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ASO AL E2 Huntsville, AL [Amended]

Huntsville International-Carl T. Jones Field, AL
    (Lat. 34[deg]38'14'' N, long. 86[deg]46'30'' W)
Redstone AAF
    (Lat. 34[deg]40'43'' N, long. 86[deg]41'05'' W)

    Within a 5-mile radius of the Huntsville International-Carl T.
Jones Field, excluding that airspace within a 1-mile radius of the
Redstone AAF. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6003 Class E Airspace Areas Designated as an Extension to
a Class C Surface Area.

* * * * *

ASO AL E3 Huntsville, AL [Established]

Huntsville International-Carl T. Jones Field, AL
    (Lat. 34[deg]38'14'' N, long. 86[deg]46'30'' W)
Huntsville International-Carl T. Jones Field: RWY 36L-LOC
    (Lat. 34[deg]39'20'' N, long. 86[deg]46'55'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 181[deg] bearing from the Huntsville International-
Carl T. Jones Field: RWY 36L-LOC extending from the 5-mile radius of
the Huntsville International-Carl T. Jones Field to 6.3 miles south
of the Huntsville International-Carl T. Jones Field: RWY 36L-LOC.

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

* * * * *

ASO AL E5 Huntsville, AL [Amended]

Huntsville International-Carl T. Jones Field, AL
    (Lat. 34[deg]38'14'' N, long. 86[deg]46'30'' W)
Huntsville International-Carl T. Jones Field: RWY 36L-LOC
    (Lat. 34[deg]39'20'' N, long. 86[deg]46'55'' W)
Redstone AAF
    (Lat. 34[deg]40'43'' N, long. 86[deg]41'05'' W)
Pryor Field Regional Airport, AL
    (Lat. 34[deg]39'15'' N, long. 86[deg]56'43'' W)
Huntsville Executive Tom Sharp Jr. Field, AL
    (Lat. 34[deg]51'34'' N, long. 86[deg]33'27'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of Huntsville International-Carl T. Jones
Field, and within 3 miles each side of the 001[deg] bearing from
Huntsville International-Carl T. Jones Field extending from the 7.5-
mile radius to 12.3 miles north of Huntsville International-Carl T.
Jones Field, and within 1.3 miles each side of the 181[deg] bearing
from the Huntsville International-Carl T. Jones Field: RWY 36L-LOC
extending from the 7.5 mile radius of Huntsville International-Carl
T. Jones Field to 8.3 miles south of the Huntsville International-
Carl T. Jones Field: RWY 36L-LOC, and within a 9.5-mile radius of
Redstone AAF, and within a 7-mile radius of Pryor Field Regional
Airport, and within a 6.3-mile radius of Huntsville Executive Tom
Sharp Jr. Field.

    Issued in Fort Worth, Texas, on July 3, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-14769 Filed 7-11-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70077-70078]
[FR Doc No: 2010-28708]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0288]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt thirty-two individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective November 16, 2010. The exemptions
expire on November 16, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On September 28, 2010, FMCSA published a notice of receipt of
Federal diabetes exemption applications from thirty-two individuals and
requested comments from the public (75 FR 59788). The public comment
period closed on October 28, 2010 and no comments were received.
    FMCSA has evaluated the eligibility of the thirty-two applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible.
    The September 3, 2003 (68 FR 52441) Federal Register notice in
conjunction with the November 8, 2005 (70 FR 67777) Federal Register
notice provides the current protocol for allowing such drivers to
operate CMVs in interstate commerce.
    These thirty-two applicants have had ITDM over a range of 1 to 40
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms, in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist verified that the driver has
demonstrated a willingness to properly monitor and manage his/her
diabetes mellitus, received education related to diabetes management,
and is on a stable insulin regimen. These drivers report no other
disqualifying conditions, including diabetes-related complications.
Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the September 28, 2010, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA did not receive any comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive

medical evaluation; (2) that each individual reports within 2 business
days of occurrence, all episodes of severe hypoglycemia, significant
complications, or inability to manage diabetes; also, any involvement
in an accident or any other adverse event in a CMV or personal vehicle,
whether or not it is related to an episode of hypoglycemia; (3) that
each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (4) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the certification when driving, for presentation to a
duly authorized Federal, State, or local enforcement official.

Conclusion

    Based upon its evaluation of the thirty-two exemption applications,
FMCSA exempts, Shale W. Anderson, Charles L. Arnburg, Ronald D. Ayers,
Kenneth F. Blessing, Ronald A. Boyle, Garrett D. Couch, Stanley P.
Eickhoff, Peter B. Galvin, Mark W. Garver, Richard S. Jackson, Alfred
K. Kataoka, Donald S. Keller, Edwin I. Longstreth, Jason M. Luper,
Craig S. Lynn, George M. Michael, Jr., Thomas J. Millard, Travis F.
Moon, Kenneth M. Pachniak, Robert M. Pardoe, James A. Patchett, Joseph
D. Pfandner, Harold L. Phillips, William Rhoten, Jr., Heath A. Senkel,
Ronald R. Unruh, Norman J. Vantuyle, II., Danny E. Vawn, John M.
Warden, Donald E. Weadon, Douglas W. Williams, Thomas A. Woehrle from
the ITDM standard in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on: November 4, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-28708 Filed 11-15-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Page 17667]
[FR Doc No: 2021-06948]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2021-0034]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
on March 9, 2021, Appalachian and Ohio Railroad, Inc. (A&O) and CSX
Transportation (CSXT) jointly petitioned the Federal Railroad
Administration (FRA) seeking approval to discontinue or modify a signal
system. FRA assigned the petition Docket Number FRA-2021-0034.

Applicants: Appalachian and Ohio Railroad, Inc., J. Thomas Garrett,
President, 200 Clark Street, Paducah, KY 42003
CSX Transportation, Carl A. Walker, Chief Engineer Communications and
Signals, 500 Water Street, Speed Code J-350, Jacksonville, FL 32202

    Specifically, A&O and CSXT request approval to discontinue the
traffic control system (TCS) on CSXT owned, dispatched, and maintained
trackage, being leased and operated by A&O. The track spans from, but
does not include, control point (CP) Berkeley Run Junction, milepost
(MP) BUC 0.0 Grafton, West Virginia, to CP Hampton Junction, MP BUC
42.1, Buckhannon, West Virginia, including signaled sidings. A&O will
install a new and modern broken rail detection system (BRDS) in
Philippi, West Virginia, from MP 13.3 to MP 16.4, and Buckhannon, West
Virginia, from MP 32.2 through MP 39.3, on the Cowen District Main
Line, and in Pleasant Creek Bridge, MP 5.5 through MP 7.2.
    If this modification is made, the entire A&O will operate under
Track Warrant Control Rules and will be dispatched by A&O. The BRDS
will be designed to detect broken rails and misaligned switches. Switch
circuit controllers and normally energized shunt-sensitive track
circuits will constantly monitor switch positions and rail integrity.
Each BRDS block will be defined by wayside indicators for displaying
block information to train crews at the block's entrance. A&O and CSXT
state the reasons for the proposed changes are that traffic volumes do
not warrant TCS and that the current signal system is obsolete and
replacement components are difficult to obtain or unavailable from
vendors.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 20, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also http://www.regulations.gov/#!privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-06948 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Page 10107]
[FR Doc No: 2021-03254]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2014-N-1027, FDA-2017-N-1064, FDA-2009-N-0380, FDA-
2010-N-0588, FDA-2014-N-0487, and FDA-2013-N-1429]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at
https://www.reginfo.gov/public/do/PRAMain. 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.

        Table 1--List of Information Collections Approved by OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Infant Formula Recall Regulations.......       0910-0188      12/31/2023
State Petitions for Exemption from             0910-0277      12/31/2023
 Preemption.............................
Product Jurisdiction and Combination           0910-0523      12/31/2023
 Products...............................
Exceptions or Alternatives to Labeling         0910-0614      12/31/2023
 Requirements for Products Held by the
 Strategic National Stockpile...........
Generic Clearance for the Collection of        0910-0697      12/31/2023
 Qualitative Feedback on Food and Drug
 Administration Service Delivery........
Registration of Human Drug Compounding         0910-0776      12/31/2023
 Outsourcing Facilities Under Section
 503B of the FFDCA and Associated Fees
 Under Section 744K.....................
------------------------------------------------------------------------

    Dated: February 11, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-03254 Filed 2-17-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Page 20941]
[FR Doc No: 2023-07323]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-15638]

Petition for Expansion of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated March 8, 2023,
Long Island Rail Road (LIRR) petitioned the Federal Railroad
Administration (FRA) for an expansion of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 238 (Passenger Equipment Safety Standards). The relevant
Docket Number is FRA-2003-15638.
    Specifically, LIRR requests to expand its relief from Sec.
238.303(e)(15)(i)(C), which states that multiple unit (MU)-type
locomotives equipped with dynamic brakes that become defective, ``shall
be repaired or removed from service by or at the locomotive's next
exterior calendar day mechanical inspection.'' LIRR's existing relief
applies to its fleet of M7 locomotives, which has multiple propulsion
inverters. LIRR seeks to expand the relief to include its fleet of M9
locomotives, as LIRR states that the ``IGBT inverter-controlled
propulsion system of the M9 is similar to that of the M7 with an
additional layer of redundancy.'' LIRR explains that the arrangement of
the pneumatic braking on the M9 locomotives ``limits thermal stresses
on the wheels and provides the same braking performance even when
dynamic braking is not available.'' LIRR requests that as the current
waiver provides relief on a per-axle basis and considers two dead brake
trucks on an M7 train to be the equivalent of a dead locomotive, the
requirement be four dead axles on an M9 train to be considered the
same. In support of its request, LIRR states that in the 19 years of
relief, ``LIRR has had no reports of a slow or poorly braking train
related to inactive inverters.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by June 6, 2023 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT)
solicits comments from the public to better inform its processes. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-07323 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-06-P